Author: Muhammad Dawood Yusufi Eshaqzahi
Islam and Democracy (Part 37)
Shura and the Battle of Uhud
The opinion and position of the Messenger of Allah (PBUH) regarding the Battle of Uhud was that a defensive position should be established within the city so that Madinah could be defended from inside. Some of the senior Companions (RA) held the same view and supported the opinion of the Messenger of Allah (PBUH). However, the younger Companions believed that they should leave the city and confront the enemy elsewhere. The Messenger of Allah (PBUH) respected the opinion of the young Companions and gave preference to their view over his own. He therefore ordered that the battlefield be established at the foot of Mount Uhud.
Shura and the Battle of the Trench (Khandaq)
During the Battle of the Trench (al-Ahzab), the Messenger of Allah (PBUH) convened a consultative council so that they could discuss whether the defensive line should be established inside Madinah or outside the city. Salman al-Farsi (RA) suggested digging a trench, and the Muslims approved his opinion. The Messenger of Allah (PBUH) then ordered that the trench be dug.
Shura and the Incident of Ifk
During the expedition against Banu al-Mustaliq, the leader of the hypocrites, Abdullah ibn Ubayy ibn Salul, accused Aishah, the mother of the Believers (RA), of immorality. The accusation became so serious that it almost created a wave of suspicion and mistrust in Madinah. The Messenger of Allah (PBUH) consulted Usamah ibn Zayd and Ali (RA) regarding how to deal with the matter and whether he should separate from the mother of the Believers. He then went to the mosque and, in a large gathering, said, “O Muslims, is there anyone who can excuse me from taking action against this man? He has placed a great burden upon me. By Allah, I know nothing about my wife except goodness, and I have never seen anything blameworthy in her.”
Following this incident, Surah al-Nur was revealed, and the verses concerning the innocence of Aishah (RA) testified to her purity. As a result, the hypocrites and those who spread the accusation were met with failure and disappointment. [1]
Shura and the Treaty of Hudaybiyyah
During the expedition of Hudaybiyyah, when the Prophet (PBUH) reached the area of Ghadir al-Ashtat, the Muslim intelligence unit informed him that the Quraysh of Makkah had gathered the surrounding tribes to prevent the Muslims from entering the Sacred House. The Messenger of Allah (PBUH) said, “O Muslims, advise me on what course of action we should take. Is it appropriate for us to attack the families of the Quraysh, who are allied with them?” Abu Bakr (RA) replied, “We have come to visit the Sacred House, and we should proceed with this intention. If anyone tries to prevent us, we will fight him.” Ultimately, this consultation led to the Treaty of Hudaybiyyah. [2]
Shura and the Prisoners of Hawazin
During the Battle of Hunayn, approximately six thousand members of the Hawazin tribe were taken captive. When the Messenger of Allah (PBUH) returned from the siege of Taif, he stopped at Ji’ranah. He remained there in anticipation that the Hawazin would embrace Islam so that their wealth and prisoners could be returned to them. However, they delayed coming, and as a result, the spoils of war were distributed among the Muslims.
After the Hawazin regretted what had happened, they came to the Messenger of Allah (PBUH). He convened a council and said, “I would like to release their prisoners. Whoever among you wishes to release them may do so voluntarily. As for those who do not wish to release them, I will compensate them in exchange for their release.”
The people agreed and said, “We willingly release them.” The Messenger of Allah (PBUH) said, “Inform your leaders of this.” When the representatives returned and announced the general approval, all the prisoners were released.
Shura Regarding Muadh ibn Jabal (RA)
When Muadh ibn Jabal (RA) was appointed governor of Yemen, a consultative council was formed. The members of the council expressed their views, and after careful consideration and deliberation, Muadh (RA) was selected for this position.
The Importance of Shura
Imam Muhammad ibn Ismail al-Bukhari, Imam Abu Dawud, and Imam al-Tirmidhi (RA), recognizing the importance of consultation, devoted special chapters in their books to this subject.
The chapter heading chosen by Imam al-Bukhari (RA) is “Chapter: The Statement of Allah: ‘And their affairs are conducted through mutual consultation among them,’ and ‘Consult them in the matter.’”
This chapter emphasizes that consultation is undertaken for decision-making and for clarifying the truth.
Jalal al-Din al-Suyuti (RA) (d. 911 AH) also devoted a chapter in his book Al-Khasa’is al-Kubra entitled “Chapter on His Special Obligation to Consult.” This chapter emphasizes the obligation of consultation upon the Messenger of Allah (PBUH) in matters for which no explicit textual ruling exists.
The Messenger of Allah (PBUH), as the final Prophet, established consultation as a good practice so that it would serve as an example for the Ummah. This Sunnah taught Muslims to consult scholars and jurists regarding various matters and to determine the rulings of their affairs through Ijtihad.
Shura During the Era of the Rightly Guided Caliphs
After the passing of the Master of the Messengers (PBUH) and the transfer of leadership to the Rightly Guided Caliphs (RA), the principle of consultation continued to be implemented as before. During the caliphate of Abu Bakr al-Seddiq (RA), Umar, Uthman, and Ali (RA) assumed important roles in this regard.
Likewise, during the rule of Uthman (RA), Ali and Marwan (RA) served as deputies and special advisers. Thus, during the era of the Rightly Guided Caliphs, consultation was implemented as a practical principle. The Rightly Guided Caliphs never imposed their personal desires and individual opinions upon the Ummah and avoided monopolizing decision-making.
To clarify this matter, we will recall several historical events that demonstrate the extent to which the Rightly Guided Caliphs granted the Ummah and its thinkers the right to think, express their views, and exercise political freedom. They tolerated opposing views and kept the door open for free discussion of issues. Discussion, examination, debate, and research continued until either both sides reached an agreement or a decision was made on the basis of the majority opinion.
The noble Companions (RA) selected the Rightly Guided Caliphs on the basis of consultation and the allegiance of Ahl al-Hall wa al-Aqd. Each of the Rightly Guided Caliphs likewise governed according to the principle of consultation during his caliphate. Abu Bakr al-Seddiq (RA) assumed the caliphate following the meeting of the council at Saqifah Banu Saidah. Whenever he faced events and problems, he referred to the opinions and counsel of others. His guiding principle was: «لِيَكُنِ الإِبْرَامُ بَعْدَ التَّشَاوُرِ، وَالصَّفْقَةُ بَعْدَ طُولِ التَّنَاظُرِ.» Translation: “Let decisions be made after consultation, and agreements be concluded after thorough discussion and deliberation.”
Abu Bakr al-Seddiq (RA) would generally proceed as follows whenever an issue arose and clarification of its Sharia ruling was needed. First, he would refer to the Book of Allah and the Sunnah of the Messenger of Allah (PBUH). If he found a ruling in the Quran or Sunnah, he would decide according to it. If he did not find the ruling himself, he would inquire among the Muslims to determine whether anyone possessed a hadith from the Messenger of Allah (PBUH) concerning the matter. If no answer was found in the hadiths, he would summon the leading Companions and scholars of the Muslims and consult them.
Allamah Abd al-Shakur Lakhnawi (RA) says, “Whenever a matter was presented to him, he would first turn to the Holy Quran in search of a solution. If he did not find a solution in the Quran, he would turn to the noble hadith. If there was no ruling in the hadith either, he would seek a solution and consultation from the noble Companions of the Messenger of Allah (PBUH).”
For example, when the issue of the inheritance of a grandmother arose and no explicit ruling concerning it was found in the Holy Quran, and Abu Bakr (RA) did not remember a hadith concerning it, he asked the noble Companions (RA). Al-Mughirah (RA) said, “The Messenger of Allah (PBUH) prescribed one-sixth of the inheritance for the grandmother.” Abu Bakr (RA) asked, “Does anyone else remember this hadith?” Muhammad ibn Maslamah (RA) replied: “Yes, I also remember it.”
Abu Bakr al-Seddiq (RA) was very pleased and issued the ruling accordingly.
Likewise, when the issue of the grandfather’s inheritance arose, no hadith concerning it was available, and the Companions did not agree upon a single opinion. Abu Bakr al-Seddiq (RA) therefore treated the grandfather as a father for the purposes of inheritance.
When Abu Bakr al-Seddiq (RA) became caliph, he wished to continue earning his livelihood through his personal work as he had done previously. However, Umar al-Faruq (RA) asked him to abandon his personal occupation and devote all his time to administering the affairs of the caliphate. In return, it was proposed that he receive three dirhams per day from the public treasury.
Abu Bakr (RA) agreed to this proposal, but for assurance, he put the matter before the Muslim community for public discussion.
He addressed those present in the mosque and said, “O people! Umar and Ali (RA) have suggested that I receive three dirhams per day from the treasury of the Muslims. Are you satisfied with this arrangement?” The Muslims replied: “Yes, we are completely satisfied and pleased with it.”
It is narrated that when the first caliph of Islam felt that his death was approaching and that his mission was coming to an end, he consulted the leading Companions and scholars of the Ummah regarding the appointment of Umar (RA) as his successor. He listened to both supporting and opposing views until it became clear to him that the majority of the people and scholars of the Ummah supported the caliphate of Umar (RA). He then announced his decision.
After Abu Bakr al-Seddiq (RA), Umar al-Faruq (RA) continued the same approach. His companions and advisers were the reciters and scholars of the Quran. Al-Faruq (RA) used to say, “It is incumbent upon Muslims to conduct their affairs among themselves and with people of sound judgment and thought through consultation.” [3]
Umar al-Faruq (RA) attached great importance to Shura and held broad and comprehensive consultations on major issues.
In accordance with the principle of consultation, he consulted the people of Shura on matters such as sending an army to Persia, appointing commanders and determining military strategy, establishing a diwan for the recording and compilation of hadiths, turning back from the journey to Syria because of the spread of the plague, determining the punishment for drinking alcohol, deciding how long a woman could tolerate separation from her husband, ruling on the miscarried fetus of a woman who lost her pregnancy due to fear, imposing a tithe on the commercial caravans of the people of Manbij at their own suggestion, deciding not to distribute the conquered lands of Iraq, and determining the ruling concerning the stoning of a Black female slave who had committed adultery.
We will now explain some of these cases in greater detail.
To be continued…
References:
[1] Sahih al-Bukhari, Kitab al-Maghazi, the Expedition of Banu al-Mustaliq.
[2] Sahih al-Bukhari, Kitab al-Maghazi, vol. 3, p. 1846.
[3] Tarikh al-Tabari, vol. 3, p. 480.