Since, first allegiance of the Ummah (Muslim Community) is to Allah, and Allah alone, all the affairs of the Muslims must be guided by the Divine Book (Kitab-Ullah). Human inspiration, intellect and judgment for running the affairs of human beings must be based on the authority of the Power and Wisdom of Allah. Unlike human power, the Power of Allah is Good and Merciful. Unlike human wisdom, the Wisdom of Allah is Perfect and Indisputable.
Whatever Allah has given us is merely for the convenience of this life and we should always bear in mind that whatever is with Allah is certainly better and more lasting [Al-Qur’an 42:32]. Hence our efforts must be directed to make, not only this life better but also the life hereafter secure. Those who are believers must put their trust in Allah while executing all their affairs, must avoid evil and shameful deeds and must forgive even if their anger is kindled [Al-Qur’an 42:33]. After making us aware of our responsibilities, verse 42 of Surah Al-Shura (42) says:-
Those who answered the call of their Lord, and establish regular prayer, and whose affairs are a matter of counsel (ie; they are conducted by mutual consultation), and who spend out of what We bestow on them for sustenance…”
Muslim Jurists have stated that based on the fact that mutual consultation was made necessary for the Prophet (sallalahu alaihi wa sallam*) himself to follow, it really becomes incumbent upon his followers to resort to Shura in all their activities, whether individual, social or political. The Messenger of Allah (sallalahu alaihi wa sallam) used to receive revelation from Allah, hence, seemingly it appears that he was not in need of mutual consultation. Yet, he was commanded to do so through Divine Commandment. It is on this basis that Ibn Taimiyyah said that,
The leader has no other option but to resort to Shura since Allah has commanded His Prophet to do so. All others, therefore, have a special need for mutual consultation.”
In the Battle of Uhud, the companions of the Prophet (sallalahu alaihi wa sallam) had recommended that it is better that they defend against the enemy coming from Makkah while keeping themselves in Madinah. However, Hamza, the uncle of the Prophet (sallalahu alaihi wa sallam), and several other young men were of the opinion that they should go out of Madinah, bravely, and fight the incoming enemy. After viewing both opinions, the Prophet (sallalahu alaihi wa sallam) resolved to go out of Madinah and fight. Later some elderly companions persuaded the younger men to withdraw their suggestion. The young men went to the Prophet (sallalahu alaihi wa sallam) and with repentance withdrew their opinion but the Prophet (sallalahu alaihi wa sallam) said that after weighing the view points submitted in the consultation he had already resolved the decision and it would be against his prophetic mission to go back on the final resolution. [Fath al-Bari, Vol 7. See page on The Battle of Uhud].
Another fine example to show how the righteous caliphs depended on mutual consultation of the public is that of Caliph ‘Umar wo was of the opinion that after the conquest of Iraq and Syria the land should not be divided amongst the warriors as booty but should be made the property of the state so that through its produce and income the essential works of public welfare may be carried out. Some companions opposed this view of the Caliph. When they were not able to arrive at a suitable solution through mutual consultation, the caliph called a public meeting in the prophetic mosque for general consultation and addressed the public in the following words,
I have not just gathered you here and given you the trouble for nothing. The reason for inviting you is that you should also participate in the trust of the caliphate which has been entrusted upon me by you. Undoubtedly, I am an ordinary human being like you. I want that those who opposed my point of view and those who have favored it to declare it openly. I do not require that you should comply with my point of view only, because you are in possession of the Book of Allah (from which you may derive guidance to resolve this issue).”
Surah Al-Imran, Verse 159 states,
It is part of the Mercy of Allah that you deal gently with them, were you severe or harsh hearted they would have broken away from you: So pass over their faults and ask Allah’s Forgiveness for them, and consult them in affairs. Then, when you have taken a decision, put your trust in Allah.”
[Al-Quran 3:159]
On this basis, consultation amongst Muslims is an important pillar of the beautiful and elaborate building of the Islamic way of life. To do any collective work without prior mutual consultation is not only a way of the ignorant but also a clear defiance of the regulation laid down by Allah. The great importance given to the process of consultation is based upon three factors as follows:-
1. It is unfair, for one individual, to decide alone on a matter that concerns two or more people. In collective affairs nobody has the right to act according to his own free single will. All those concerned with the matter must be consulted, and, if the concern spreads across a very large number of people, then their authorized representatives must be consulted for their considered opinion.
2. If a person attempts to act in an autocratic or arbitrary manner, he is either attempting to usurp the rights of the others or he is considering himself superior them. From a moral point of view both these attitudes are evil and reprehensible. A true believer cannot possess such incorrect attitudes as he is neither supposed to, be selfish, take unfair advantage over others nor is he proud and conceited considering himself to be more knowledgable and intelligent than the others.
3. It is a consent of great responsibility to make decisions on matters relating to the rights and interests of others. Anyone who is conscious of Allah and The Final Day, will not dare to bear the burden of such a responsibility all by himself. Such reckless and heedless acts are only done by those who are devoid of the fear of Allah and who could care less about the hereafter. Those who fear the wrath of Allah and are conscious of the Final Day will, necessarily, make every attempt to consult all the people or their trusted representatives in arriving at a just and impartial decision on a judgment of a matter concerning their affairs. If ever a mistake is made in any of such a collective decision. Then, the burden of the responsibility does not fall on any one single individual alone.
The Islamic way of life requires that the principle of consultation be applied in attempting to solve every minor or major matter that involves a group of people. In the affairs of the household, both, husband and wife must consult one another before making their decisions. Children too, once they have attained the age of puberty, must be consulted for their opinion in such matters as it is their household that is the issue of contention. If the affairs of the whole family are being dealt with, then, counsel must be taken from every adult member of that family.
If the affairs are of multiple relatives, a clan, a tribe, a whole village, or even an entire town or city, and it is not practical to seek counsel from every individual concerned, on account of the large numbers involved, then the decision must be taken by an assembly of trusted representatives of the people, who are selected or even elected according to an agreed method and pre-defined procedure. If the affairs belong to a whole nation, then the national head must be appointed based on the agreement of the people. The head, in turn, must run the affairs of the country with the help of such counsellors who command the confidence of the people. Such a leader must remain at the service of the affairs of the nation until such time as agreed by the people, and no longer. No honest individual can ever desire to seek the leadership of a nation, or even to continue to be the head, by coercion or forceful and unjust means. It is also not permissible for any person to use deceitful ways and means in order to appoint himself as the principle authority of the nation by using force and then demanding the approval of the people using coercion and crafty tactics. Such desires and actions belong to those whose intentions are evil and corrupt.
The rule of counsel by its very nature demands five factors for fulfillment as follows:-
1. Those people, whose rights and interest are involved, must have complete freedom of expression and must be kept fully informed about the details of how their affairs are being conducted. They must also have the full right to protest if they see any deficiency, negligence, or even error in the proper discharge of the duties of leadership pertaining to their affairs. If they, still, find no improvement in the performance of such duties they must have the right to change their leaders appropriately. To manage the collective affairs of the people after stifling their voice, fettering their hands and feet, and keeping them in the dark, is a clear-cut dishonesty and a complete violation of the implementation of consultation.
2. The persons shouldering the responsibility of managing collective affairs must be appointed with the express approval of the people concerned. Such approval must be freely obtained without any hindrance of coercion, bribery, temptation, deceit, intrigue or trickery. The true and rightful leader of a nation is not the one who imposes himself upon it by every possible artifice, but one who is chosen by the people by their own free will.
3. The advisers to the head of a nation must also have the full confidence of the people and must also prove themselves worthy of holding such honorable position. It is quite obvious that people cannot trust those who gain representation through pressure, financial means, falsehood and trickery.
4. The people who give their counsel or considered opinion must do so according to their knowledge and conscience with complete freedom of expressioj of their will. If this is not so, and the counsellors give their opinion under duress and against their knowledge and beliefs, then, such opinion amounts to dishonesty and treachery completely contrary to the teachings of Islam.
5. The collective advice or decision arrived at by the principle of unanimity or majority must be accepted without reservation, because if one group is free to follow its whims in spite of listening to the consultative assembly then the process of consultation becomes meaningless and null and void. Allah ordains that the affairs are run by mutual consultation, but does not say that they are consulted in their affairs. Thus, this commandment is not put into practice by merely consulting one another but it is very essential that the actual affairs be conducted according to the decisions reached unanimously or by the majority at the end of the process of consultation.
The above explanation of the principle of consultation (shura) does not imply that Shura is the last word or the absolute authority in running the affairs of Muslims. It certainly is limited within the confines of the Religion of Islam and the code of life of Islam which has been decreed and codified by the Creator, Allah, Himself. It is dependant upon the the fundamental principle that in whatever matter there is difference of opinion between Muslims, they must first refer to His Book, the Qur’an, and then to the Sunnah of the Prophet (sallalahu alaihi wa sallam). According to this basic principle Muslims must consult each other on matters in the Shari’ah regarding the correct meaning of a particular clause and ensure correct observance of it in order to fulfil its purpose. It is not permitted for them, however, to confer together with the objective of replacing or altering, in any manner, the ruling or decision of Allah and His Messenger (sallalahu alaihi wa sallam) based on their philosophical whims, rational thoughts, and logical conclusions.
*sallalahu alihi wa sallam = [Arabic] usually interpreted to mean peace be upon him textually, but legally means may Allah exalt the mention oh his name at the highest Angelic sphere
**shariah = Islamic Law