In the previous note, we mentioned that council members possess certain characteristics that qualify them to fulfill their responsibilities. We have previously discussed one of these characteristics, namely Islam, and now we will refer to others:
2. Maturity and Reason
Members of the council must be wise and mature, because, from the perspective of the holy religion of Islam, maturity and reason are basic conditions for duty. Minors, those lacking reason, or individuals with mental disabilities cannot make decisions or determine their own fate. In such cases, a guardian, trustee, or custodian takes responsibility for their affairs and makes the necessary decisions. Therefore, if a person lacks the ability to decide about their own fate, how can they determine the fate of others or represent them?
The council is a place for making significant and fateful decisions for the Islamic nation. Therefore, its members must be wise, mature, and selected from among the elite of society. The membership of minors or individuals diagnosed as insane in such a council is not only unbeneficial but also detrimental to the nation and may lead to the destruction of Islamic society and the state.
3. Freedom
The members of the council must be free individuals and should not be selected from among slaves and vassals, as these individuals lack guardianship over themselves. People who do not have control over their own affairs cannot have guardianship over the affairs of others. Slaves are the property of their masters and are obliged to serve them constantly. Such individuals, occupied with serving their masters day and night, cannot take on the heavy responsibility of representing the nation effectively.
Even if we assume that a slave becomes a member of the council with the permission of their master, can they make independent decisions? Without a doubt, the answer is no. A slave is subject to the will of their master and makes decisions that secure their master’s interests. This could lead to the sacrifice of the interests of Islam and the Islamic community in favor of the desires of certain individuals, who might use their authority to further entrench the oppression of free people within the Islamic Ummah.
It is worth noting that the membership of modern slaves or mercenaries affiliated with foreign countries in the Islamic Consultative Assembly poses a greater danger and threat than the slaves of ancient times. The Islamic state is obliged to prevent these individuals from entering the Consultative Assembly, which is meant to be a seat for the free people and the elite.
4. Justice
Members of the Consultative Assembly must be just and adhere to the principles of justice and equity. They are obliged to prioritize the interests of the Ummah when expressing their opinions and to avoid sacrificing justice and fairness for personal, familial, ethnic, or kinship interests. As Allah Almighty says: «يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ كُونُواْ قَوَّٰمِينَ بِٱلقِسطِ شُهَدَآءَ لِلَّهِ وَلَو عَلَىٰٓ أَنفُسِكُم أَوِ ٱلوَٰلِدَينِ وَٱلأَقرَبِينَ» Translation: “O you who have believed, be upright in justice, witnesses for Allah, even if it be against yourselves or your parents or your relatives.”
Given that the decisions and resolutions of the council affect the fate of the Muslim Ummah, its members must be free from major sins, prejudice, or any form of deviation that prevents the implementation of justice. Only in this case can they enact fair laws and make decisions based on justice and equity.
5. Knowledge
Having knowledge and understanding is a fundamental condition for membership in the council. As mentioned, the council is responsible for passing laws and making important decisions regarding various matters of Islamic society. Therefore, anyone who attends the council as a member must be knowledgeable and well-educated.
The requirement for knowledge does not imply that members must be experts in Islamic jurisprudence (ijtihad) or possess comprehensive knowledge of Islamic or non-Islamic sciences. Rather, it requires sufficient knowledge to distinguish right from wrong, express opinions accurately, and make informed decisions. Members must be capable of recognizing the friends of Islam and Muslims versus their enemies, understanding the interests of Islam and Muslims, and striving to realize them. They should also be able to differentiate laws and decisions that align with Islam from those that contradict it. Additionally, they must possess adequate knowledge of both domestic and international issues, especially in the political sector.
Efforts should generally focus on ensuring that the intellectual elite enter the assembly and become its members. This would fulfill the divine command to entrust trusts to their rightful owners, as Allah Almighty says: «إِنَّ ٱللَّهَ يَأمُرُكُم أَن تُؤَدُّواْ ٱلأَمَٰنَٰتِ إِلَىٰٓ أَهلِهَا وَإِذَا حَكَمتُم بَينَ ٱلنَّاسِ أَن تَحكُمُواْ بِٱلعَدلِ» Translation: “Indeed, Allah commands you to return trusts to those to whom they are due, and when you judge between people, judge with justice.”
Sayidina Abu Bakr Siddiq (may Allah be pleased with him) would always seek the ruling of Sharia when issues arose. He would search in the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him). If he found the ruling therein, he would act accordingly; if not, he would consult with fellow Muslims who might possess a relevant hadith from the Prophet (peace and blessings be upon him). If he still could not find it, he would gather the leaders and scholars of the Muslims for consultation. Sayyiduna Umar Farooq (may Allah be pleased with him) followed a similar approach.
Hazrat Umar’s advisors were often composed of reciters. At that time, reciters were not simply those who had memorized the words of the Holy Quran, but those who understood the Quran along with the related knowledge and excelled in Islamic sciences.
6. Trustworthiness
Although trustworthiness is included in justice, it is important to emphasize it as an independent condition due to its particular importance. Every member of the council must be trustworthy, honest, helpful, and benevolent, meaning they should not consider personal interests, those of their circle, or their party during consultations. They should also refrain from voting according to the wishes of rulers or statesmen aimed at pleasing them. Instead, they should prioritize the highest interests of the nation and the country above all else.
Narrated by Abu Hurairah: The Messenger of Allah (peace and blessings be upon him) said: “The advisor is trustworthy.”
Explaining this hadith, Tayyibi states that it implies the advisor should provide sound counsel in matters to which they are referring, avoiding deception and betrayal regarding what is in the best interest of the advised.
Al-Khatabi states: “This hadith indicates that the advisor must strive to offer sound advice. However, if they err in their advice, they are not held accountable.”
Imam Bukhari notes: “After the Prophet (peace and blessings be upon him), the Muslim Imams would consult trusted scholars on permissible matters to adopt the easiest approaches; however, once the rulings of the Book and the Sunnah became clear, they would not deviate from them.”
