There are numerous verses in the Holy Quran about consultation, each of which has been interpreted according to the requirements of the time and circumstances. Some of these verses have a mandatory meaning, while others are seen as recommendations. In order to distinguish cases where consultation is mandatory from those where it is recommended, various views of Islamic scholars and jurists have been quoted.
In previous articles, it was discussed that the ruler’s consultation with experts is mandatory. Now, we will discuss the views and reasons of some Islamic jurists and scholars who consider consultation to be recommended. They believe that the verses revealed about consultation indicate its recommendation. This view has been quoted from Qatadah, Rabeh, and Ibn Ishaq. Imam Tabari also preferred this opinion.
Imam Alusi has cited this opinion from Bayhaqi, and his personal view aligns with this perspective. Ibn Hajar, may Allah have mercy on him, also favored this view. He states that the opinion of Abu Nasr Al-Qushayri is similar.
These scholars have cited the following to support their views:
1. Allah (s.w.t) says: «فَبِمَا رَحْمَةٍ مِنَ اللَّهِ لِنْتَ لَهُمْ وَلَوْ كُنْتَ فَظًّا غَلِيظَ الْقَلْبِ لَانْفَضُّوا مِنْ حَوْلِكَ فَاعْفُ عَنْهُمْ وَاسْتَغْفِرْ لَهُمْ وَشَاوِرْهُمْ فِي الْأَمْرِ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللَّهِ إِنَّ اللَّهَ يُحِبُّ الْمُتَوَكِّلِينَ» Translation: “It is by the light of Allah’s mercy that you have been tolerant to them, and if you had been harsh, they would have dispersed from around you. So forgive them, ask forgiveness for them, and consult them in matters; and when you have decided to do something, act decisively and put your trust in Allah; for Allah loves those who put their trust in Him.”
Although the phrase «وَشَاوِرْهُمْ فِي الْأَمْرِ» is in the imperative form, which typically indicates obligation, there are reasons that change this from obligatory to recommended:
1. The purpose of consultation is to encourage Muslims; for instance, the Prophet (peace and blessings of Allah be upon him) stated that a virgin girl should be consulted about her marriage. Although the guardian can compel her to marry, it is preferable to consult her to encourage her.
2. Some jurists have said that the purpose of this verse is to emphasize the Sunnah of the Prophet (peace and blessings of Allah be upon him) for Muslims after him, acknowledging that the Prophet did not require consultation. This view was narrated from Hasan Basri (may Allah have mercy on him).
3. In verse 38 of Surah Al-Shura, it is stated: «وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَى بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنْفِقُونَ.» Translation: “And those who respond to their Lord and establish prayer, and their affairs are by consultation among themselves, and spend out of what We have provided for them.”
This verse suggests that consultation is recommended based on the context of the statement and the lack of definitive proof of its necessity.
Qazi Hussain (may Allah have mercy on him) believes that if the issue is difficult and complex, consultation is obligatory; otherwise, it is recommended.
Characteristics of the People of the Council
One of the fundamental and social principles of Islam is the principle of consultation, which is emphasized in Islamic sources and has a prominent place in the life of the Prophet (peace and blessings of Allah be upon him). This principle can be considered the backbone of the Islamic system, playing an inevitable role in the management of Islamic society.
One of the key points in determining the scope of the council is the conditions that Islamic texts have mentioned for the advisors and members of the council. The members must possess certain qualities; if they lack these, they cannot express their opinions on important issues for Muslims. It is only by observing these conditions that the scope of the council is determined.
People of the Resolution and Their Representation of the Ummah
The term «أهل الحل والعقد» (Translation: “people of the resolution”) in Islamic political jurisprudence refers to individuals who hold an influential position within the nation. Islamic jurists and scholars have discussed this concept in detail in their works, clarifying the characteristics of these individuals.
Imam Nawawi (may Allah have mercy on him) characterized the people of resolution and their representatives as scholars, leaders, and prominent individuals. The author of Al-Dor Al-Mukhtar defined them as the nobles and dignitaries of society who represent the opinions and views of the people.
Mawardi Shafi’i and Abu Ya’li Hanbali referred to them as people of right, meaning individuals with the important responsibility of selecting the caliph and concluding the oath of allegiance. Ibn Hammam Hanafi considered the people of resolution and their representatives to be scholars and those with sound opinions.
Abu Bakr Baqlani described them as elders and trustees of the community who are regarded with trust in the fields of leadership and Imamate.
The Main Duties of the Council Members
The council members have three key duties:
1. Electing the Imam of the Muslims;
2. Consulting and issuing fatwas on Ijtihad and jurisprudential matters;
3. Consulting on the general affairs of the state and the nation, such as education, foreign policy, economy, agriculture, livestock, and trade.
If a separate council is formed for each of these duties, the requirements for members may differ. However, if one council is responsible for all matters, its members must have the following qualities:
Characteristics of the People of the Council
1. Islam
The members of the council must be Muslims and imbued with faith, as they are representatives and deputies of the Muslim nation and cannot be elected from among non-Muslims. The duties of the council encompass making Islamic laws, supervising the implementation of Sharia, and managing the affairs of the Islamic community, which can only be accomplished by Muslims.
If non-Muslims become members of the council, they cannot reasonably be expected to establish Islamic laws or work towards implementing Sharia. On the contrary, they may obstruct the realization of Islamic rulings. Islam prohibits any interference by non-Muslims in the affairs of Muslims and does not permit them to dominate Muslims; as Allah says: «وَلَن يَجعَلَ ٱللَّهُ لِلكَٰفِرِينَ عَلَى ٱلمُؤمِنِينَ سَبِيلًا» (Translation: “And Allah will never give the disbelievers a way over the believers.”)
Therefore, membership for non-Muslims in the council of the Islamic state is not permissible. In the phrase «وَشَاوِرْهُمْ فِي الْأَمْرِ» (Translation: “And consult them in the matter”), Allah refers to the pronoun “them” as pertaining to Muslims, and in the sentence «وَأَمْرُهُمْ شُورَى بَيْنَهُمْ» (Translation: “Their affair is a matter of consultation among themselves.”), the pronoun “themselves” clearly refers to Muslims. There is no disagreement among scholars on this matter.
