Author: Muhammad Dawood Yusufi Eshaqzahi
Islam and Democracy (Part 41)
Qualifications of the Members of the Shura
One of the important principles of Islam is the principle of Shura and consultation, which occupies a special position in Islamic sources and holds great importance in the life and practice of the Prophet (PBUH). This principle is a foundation of the Islamic system and an important instrument for administering society.
Islamic sources mention certain conditions for selecting members of the Shura. Members of the Shura must possess qualities without which they would not be qualified to express their views on important Islamic matters.
Dr. Wahbah al-Zuhayli (RA), citing Ruh al-Maani and the Tafsir of al-Qurtubi, states that members of the Shura should be people of sound judgment, experience, and knowledge, because it is not possible to consult the entire population. Therefore, religious matters should be referred to religious scholars, while worldly matters should be referred to intelligent, experienced, and sincere people. [1]
Ahl al-Hall wa al-Aqd and the Representation of the Ummah
In Islamic political jurisprudence, the term “Ahl al-Hall wa al-Aqd” refers to individuals who possess influence and an important position in society. Scholars have explained this concept as follows:
Imam al-Nawawi (RA) describes them as scholars, leading figures, and prominent personalities. [2]
The author of Al-Durr al-Mukhtar describes them as the leaders and trusted individuals of society. [3]
Al-Mawardi al-Shafii and Abu Yala al-Hanbali (RA) regard them as the people who possess the authority to choose and appoint the Caliph. [4]
Ibn al-Humam al-Hanafi describes them as people of knowledge and sound judgment. [5]
Abu Bakr al-Baqillani (RA) describes them as the leading and trustworthy representatives of the Ummah. [6]
Main Functions of the Shura
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Selecting the Imam and leader of the Muslims.
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Issuing fatwas and providing consultation on matters requiring Ijtihad and jurisprudential judgment.
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Providing consultation on the general affairs of the state, such as education, foreign policy, the economy, agriculture, livestock, and trade.
Conditions for Members of the Shura
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Islam
Members of the Shura must be Muslims because they are representatives of the Muslim Ummah and their responsibilities concern the implementation of Sharia. Allah Almighty says, «وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا.» Translation: “Allah (SWT) will never give the disbelievers a way over the believers.” [7]
Therefore, non-Muslims cannot be members of the Islamic Shura Council. The pronoun “hum” in the verse «وَشَاوِرْهُمْ», as well as in «وَأَمْرُهُمْ شُورَى بَيْنَهُمْ», refers to Muslims, and there is no disagreement among scholars on this matter.
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Maturity and Sound Intellect
Members of the Shura must be adults and of sound intellect, because children and those lacking sound judgment do not possess the capacity for decision-making.
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Freedom
Members of the Shura must be free persons and not slaves, because a slave does not possess full freedom of choice and therefore cannot represent the Ummah.
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Justice
Members of the Shura must be just and must refrain from oppression, prejudice, and sin.
Allah (SWT) says, “يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَى أَنْفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِينَ.” Translation: “O believers! Stand firm for justice and bear witness for Allah (SWT), even if it is against yourselves or your parents and close relatives.” [8]
Therefore, members of the Shura should be free from prejudice, hatred, major sins, and deviations so that they can make just decisions.
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Knowledge
One of the essential requirements and conditions for membership in the Shura is knowledge and learning. As mentioned earlier, the Shura is an institution where laws are formulated and important decisions concerning various aspects of the Muslim Ummah are made. Therefore, whoever participates in a consultative meeting as a representative of the Ummah should possess sufficient knowledge and higher education.
The condition of knowledge for members of the Shura does not mean that they must necessarily have reached the level of Ijtihad or specialize in all Islamic and non-Islamic sciences. Rather, they should possess sufficient knowledge to distinguish truth from falsehood, express their views properly, make sound decisions, distinguish between the friends and enemies of Islam and Muslims, understand the interests and welfare of Islam and Muslims, and strive to achieve them. They should also be capable of recognizing laws and methods that are contrary to Islam. In addition, they should have sufficient awareness of domestic and international affairs, particularly in political matters.
In general, efforts should be made to ensure that prominent and knowledgeable figures become members of the Shura Council. Through this, the divine command to entrust responsibilities to those qualified to undertake them can be fulfilled.
Allah (SWT) says, «إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الْأَمَانَاتِ إِلَى أَهْلِهَا وَإِذَا حَكَمْتُمْ بَيْنَ النَّاسِ أَنْ تَحْكُمُوا بِالْعَدْلِ.» Translation: “Indeed, Allah (SWT) commands you to return trusts to those entitled to them, and when you judge between people, to judge with justice.” [9]
The approach of Abu Bakr al-Siddiq (RA) was that whenever a problem arose and there was a need to know its ruling under Sharia, he would refer to the Book of Allah (SWT) and the Sunnah of the Messenger of Allah (PBUH) and seek the solution in them. If he found the ruling in the Holy Quran or Sunnah, he acted accordingly. If he did not find it, he would ask the Muslims; perhaps someone possessed a hadith from the Messenger of Allah (PBUH) of which he was unaware. If no ruling was found at this stage either, he would gather the scholars and leading figures of the Muslims and consult with them.
After Abu Bakr al-Siddiq (RA), Umar al-Faruq (RA) continued the same approach. The members of Umar’s Shura and his advisers were the reciters of the Holy Quran. At that time, the term “reciters” did not refer merely to those who recited the words of the Holy Quran with Tajwid; rather, it referred to those who deeply understood the Holy Quran and possessed broad and distinguished knowledge of Islamic sciences and disciplines. [10]
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Trustworthiness
Although trustworthiness is part of justice, mentioning it separately is not without reason because of its particular importance. Every member of the Shura should be trustworthy, truthful, sincere, and concerned about the welfare of others. A member of the Shura must not consider personal interests, the interests of friends, or the interests of members of his party when giving advice. Nor should he vote according to the wishes and preferences of rulers or politicians. Rather, he should consider only the general interests of the Ummah and the country and give them priority over everything else.
Abu Hurairah (RA) narrated that the Messenger of Allah (PBUH) said, “الْمُسْتَشَارُ مُؤْتَمَنٌ.” Translation: “The person whose advice is sought is entrusted with a trust.” [11]
Al-Tibi explains this hadith as follows: The meaning is that the adviser is entrusted regarding the matter on which his advice is sought. Therefore, he should not conceal the truth or act treacherously. [12]
Al-Khattabi says that this hadith demonstrates that an adviser should make every possible effort to provide correct advice. However, if he makes a mistake in doing so, he is not held responsible for it. [13]
Imam al-Bukhari (RA) also states that after the Messenger of Allah (PBUH), Muslim leaders consulted scholars and trustworthy people regarding permissible matters in order to choose the easiest course of action. However, whenever a ruling from the Book of Allah and the Sunnah became clear, they did not depart from it. [14]
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Experience
A member of the Shura should have substantial experience in the matter on which advice is sought and should possess the ability to understand and analyze problems. He should draw upon past experiences and, while taking the circumstances of time and place into account, provide an appropriate solution.
Therefore, members of the Shura should have a thorough understanding of the condition of the country and of domestic and international political developments, as well as the ability to analyze current events. At the height of crises and challenges, they should be able to identify the interests of Islam and the Ummah and assist in resolving the problems of society by providing accurate and professional advice.
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Influence and High Social Standing
In addition to justice, trustworthiness, knowledge, expertise, and experience, members of the Shura should possess social influence and a good reputation and should hold a respected position among the people. They should be leaders of the people and representatives of Muslim communities and groups so that, through pledging allegiance to the Imam of the Muslims, they can help secure general acceptance and obedience.
This was evident during the time of Abu Bakr al-Siddiq and Umar al-Faruq (RA), when leading figures of the Muhajirun and Ansar participated in the Shura.
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Citizenship
A person who becomes a member of the Shura should hold the citizenship of the Islamic state. He should also not possess dual citizenship, whether Islamic and non-Islamic.
Citizenship is a legal, political, and moral relationship between an individual and the state. Therefore, a person who is a citizen of a non-Islamic state cannot properly safeguard the interests of the Islamic state.
Moreover, the presence of such individuals in the Islamic Shura Council could provide opportunities for non-Islamic states to interfere in the affairs of Muslims. For this reason, holding the citizenship of the Islamic state is considered an essential condition for membership in the Shura.
Even if a person is a righteous and pious Muslim, if he is a citizen of a non-Muslim state, he cannot become a member of the Shura. Allah Almighty says, «إِنَّ الَّذِينَ آمَنُوا وَهَاجَرُوا وَجَاهَدُوا …» [Al-Anfal: 72]. Translation: “Indeed, those who believed, emigrated, and strove with their wealth and their lives in the way of Allah … These are allies of one another. As for those who believed but did not emigrate, you have no responsibility for their protection until they emigrate.”
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Being Male
The condition that members of the Shura be male does not mean disrespect toward women. Rather, it is presented on the basis of what the text describes as the natural division of responsibilities between men and women.
Shura is a weighty responsibility placed upon its members. Some responsibilities that have been exempted for women are not exempted because of weakness or lack of worth, but as a matter of divine mercy and wisdom.
Allah Almighty has created men and women with different abilities and capacities so that each may perform best within their respective roles. Generally, demanding external responsibilities have been assigned to men, such as providing financial support and undertaking social responsibilities.
Allah (SWT) says, «الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ» [Al-Nisa: 34] Translation: “Men are caretakers of women.” Therefore, just as responsibility for the family is placed upon men, major social and governmental responsibilities such as membership in the Shura are likewise assigned to them.
On the other hand, women may face limitations in carrying out the continuous responsibilities of Shura because of natural responsibilities such as pregnancy, childbirth, and raising children.
To be continued…
References:
[1] Al-Fiqh al-Islami wa Adillatuhu, vol. 6, p. 620, Maktabah Haqqaniyyah, Peshawar.
[2] Nihayat al-Muhtaj, vol. 8, p. 290.
[3] Al-Durr al-Mukhtar, vol. 4, p. 263.
[4] Al-Ahkam al-Sultaniyyah, p. 15.
[5] Al-Musamarah Sharh al-Musayarah, p. 326.
[6] Al-Tamhid, p. 178.
[9] Surah al-Nisa: 58.
[10] Fath al-Bari, vol. 13, p. 342.
[11] Abu Dawud.
[12] Nizam Siyasi Islam, p. 146.
[13] Nizam Siyasi Islam, p. 146.
[14] Sahih al-Bukhari, Indian edition, p. 3674.
