Assignment NO (1) ONE

Assignment Topic Shura

Semester 5th
Subject
Muslim Political Philosophy - I
Course Code POL-503
Student Name M Bilal Umer
Roll Number 2039 Morning

Program BS Political Science

Submitted to
Govt Graduate College Samundri

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 SHURA
Introduction:-
Literal meaning of Shura is mutual consultation or to have advice from
others or to express the opinion freely on all important issues.

In Islam Shura has vital importance as it played a domineering role in

designing new state representing truly a democratic spirit keeping up
efficiency to bring the world at large in to the realm of Islam.

In Islam it means to arrive at a decision on matters, where no clear cut

instructions are available in Quran and Sunnah, by open and free
discussion through every member of ummah. It is the obligation on the
Muslims to conduct the state of affairs by mutual consultation and
understanding.

Shura has great importance as the Holy Quran also directs the Muslims to
run their affairs by mutual consultation. The Holy Quran says:

"So pardon them and ask forgiveness for them and consult with them upon
the conduct of affairs. And when you have resolved then put your trust in
Allah."

Allah loves those who put their trust in Him." (1)

Again the Holy Quran says:

"An those who answer the call to their Lord and establish worship and
consult each other in their affairs and spend of what we have bestowed on
them." (2)

The Holy Prophet (PBUH) himself used to consult his principal companions
before taking any action on any important issue. He accepted the advice of
Abu Bakr regarding the release of prisoners of war after the war of Badr.
He also accepted the advice of Salman Farsi about building the ditch

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around Madina on the occasion of war of Ditch. Treaty of Hudaybiah was
also concluded after the consultation of his principal companions.

There exists very strong support for the concept of Shura in the example of
the life of Holy Prophet (PBUH). A hadith on the authority of Abu Hurairah,
a famous companion of the Holy Prophet (PBUH)) states:

"I have not seen any body who could excel the Prophet (PBUH) in
consultation from his companions." (3)

Another Hadith reported by Hazrat Aeshya, the wife of the Holy Prophet
(PBUH) says:

"I have not seen a person consulting the people more than the Holy
Prophet

(PBUH)." (4)

Hazrat Ali, the fourth caliph reports that:

"I asked the Holy Prophet (PBUH) how I settle the affairs left without
guidance from the Quran and Sunnah? He replied that you should
convene the meeting of baShura comprising of the pious persons of the
ummah and decide it thereby. He prohibited from following the opinion
of single person." (5)

"If there is any difference of opinion on a particular matter, refer it to

Shura of

Muslims and do not decide it at his own." (6)

There are a number of precedents in the life of the Holy Prophet (PBUH),
where the Shura was convened and decisions were taken on the basis of
majority opinion. For example Muadh bin Jabal was appointed by the
Holy Prophet (PBUH) as governor of Yeman by a decision of Shura. At the
time of battle of Uhad the Holy Prophet (PBUH) agreed with the majority
opinion regarding the strategy of battle, while he himself had a different
plan of battle. The majority opinion decided the fate of the prisoners of
war from the battles of Badr and Hawazin.

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The importance of Shura is quite clear from the inaugural address of Abu
Bakr, as he said that the people had right to advise the caliph to conduct
the affairs of government. It was not binding upon the people to obey the
caliph, if he disobeyed Allah. There were no more impressive words than
these to explain the importance of consultation.

The principle of consultation got its institutional form that is "Majlis-e-

Shura." The institution was rightly advocated to be retained and
developed on more democratic lines by the right guided caliphs. It
signifies the true democratic nature of the entire political frame work of
Islam.

Abu Bakr, the first pious caliph retained the system of consultation
throughout his reign inspite of the continuous wars. No important
decision was taken without consulting people.

Umar, the second caliph also believed in consultation and retained a

consultative body throughout his reign, which was divided into Majlis-e
Shura-e-Khas and Majlis-e-

Shura-e-Aam. The Majlis-e-Shura-e-Khas consisted of principal

companions of the Holy Prophet (PBUH) and Majilis-e-Shura-e-Aam was
comprising of the common people. In all imprtant matters he sought the
help of Shura and depended on consultation, as he emphatically
declared. There can be no caliphate except by consultation.in

Uthman, the third caliph retained the system of Shura in early period of
his caliphate, while in later period it was suspended by the undue
interference of Marwan. However, Uthman consulted the people,
whenever it was asked by the people. He constituted the Majlis-e-Shura
of officials, as he thought that they could give better consultation than
the common man. In 34 A.H he called a general meeting of officials and
people to suggest the reforms on the country.

Ali, the fourth caliph succeeded to the caliphate during the political
turmoil and crisis. Therefore he did not summon it regularly. Moreover,

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he relied more on his own decisions than on the advice and consultation
of the principal companions and citizens of realm.

Majlis-e-Shura played a vital role in bringing about a stable

administrative policy and machinery. It consolidated the forces into one
force and preserved the dynamic spirit of Islamic law. The decisions of
the Shura was final and could not be challenged by any jurist, since the
members of Shura were the people of learning and piety, fully equipped
with the knowledge of Islam.

Majlis-e-Shura was not an innovation of Islam, for it has its existence

even in the pre-Islamic period as a consultative body enjoying the
considerable influence in the tribal affairs, which brought about peace
and reconcialtion in the tribal life. It elected the head of the tribe
decided the questions of war and peace, negotiated and ratified the
treaties, settled the cases involving crimes and transgressions and
looked after the general welfare of the community.

The sessions of the Majlis-e-Shura regularly held to conduct the public

business and chalk out new policies. The deliberations of Shura were not
of an unrecognized character but it had a democratic form and
systematic procedure. The Shura was recognised as a part and parcel of
Islamic state machinery. Both in theory and practice, the Shura was an
essential and indispensable part of government, which exercised the
powers in dispatching the armies, in appointing the officials, in fixing the
pays and allowances, in assessing the taxes, in formulating the
administrative policies, in regulating trade and commerce and in raising
funds.

The Holy Prophet (PBUH) used to consult his principal companions not
only on governmental affairs, but also on all socio-economic issues
arising in the Muslim community. All the individuals enjoyed full liberty
of expression, while any issue was under discussion. Shura on the other
hand, was frequent session, whenever the need arose. However Shura
was not a sovereign body and its recommendations are advisory and not
binding on the caliph.

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Objectives of Shura:-
Following are the certain objectives of Shura.

1.Securing the right opinion:-

Securing the right opinion is the main objective of Shura. It is the
obligation on every member of Muslim Ummah to express his opinion
freely. In the system of Shura, the head of state has binding to sonsult his
people and to arrive at any right decision.

2. Elemination of dictatorship:-
In the system of consultation, the scope of dictatorship is automatically
eliminated. In theocracy, the monarch is all powerful and the words
uttered by him are regarded as laws. However, in Islam the practice is
not applicable even the Prophet (PBUH) of Allah was bound by the
canons of mutual consultation by all members of Ummah.

3. Creation of patriotism:-
By the mutual consultation of every member of a nation, we can create
the sense of patriotism among the people. It is natural phenomenon,
everyone can feel responsibility and patriotism, when he is given due
importance by being consulted on every important issues

4. Protection of liberty:-
The system of Shura can ensure the protection of liberty of all the
citizens. The main objectives of consultation is the protection of
individual rights and the provision of justice and equity in the society.
All the individuals can present their difficulties and can put their
demands before the government by the means of consultation.

5.Guidence to the Government:-

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The consultative machenism can make the people to provide the
guidance to their respective government. The people can draw the best
policies through the consultation. If there is the best system of
consultation it will be better for the government or it can make the
government, a best government, which is possible through the system of
Shura.

6.Tolerance & Iitahad:-

chine The system of consultation can illuminate the concepts of Ijtahad
and Ijma, which can find their modern manifestations by the
establishment of an elected Majlis. In the Majlis problems can be solved
and legislation can be enacted to direct the affairs of the state, which can
bring the tolerance and Ijtahad.

Level of Shura:-
field Muslims are directed to consult each others on every issue so that
the habit of consultation may be developed among themselves, There is
need of Shura, when there no clear-cut direction is available in Quran
and Sunnah. If a difference has been developed among the members of
Ummah, then they should consult Allah and His Prophet (PBUH) for
proper guidance:

The different level of Shura are as following:-

1.Shura between centre and provinces.

2.Shura among the province themselves.

3. Shura between head of state and governors of provinces.

4. Shura among the head of state and members of his cabinet.

5. Shura among the members of cabinet and the representatives of

people.

6. Shura among the representatives of the people themselves.

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7. Shura among the people themselves.

Formation of Shura:-
There were no set rules governing the membership of Shura. Normally
all the prominent leaders of Muslims community were the members of
Shura and they were called to attend the meetings. The leading
companions of Holy Prophet (PBUH) and those who have established
their reputation as knowledgeable persons constituted the Shura. No
one could secure membership of Shura merely on account of his wealth
or noble descent.

In the composition of Shura, it was mainly representative in character

despite the absence of any election system as operative at present. All
shades of public opinion were truly represented in the Shura. The Holy
Prophet (PBUH) emphasised the representative nature of governmental
machinery by giving representation to Muhajrin and Ansar and other
tribal groups.

The following are the qualities of the members of Shura:-

I He must be Muslim

Ii He must be male Muslim.

Iii He must reach the age of adultness.

Iv He must be citizen of Islamic State.

V He must be pious member of the society.

Vi He must be honest member of the society.

vii He must be physically fit.

viii He must be mentally fit.

IX He must not be selfish.

X He must not be seeker of public office.

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Xi He must have the worldly knowledge possessing some type of degree
or certificate.

The Government of Islamic State must constitute an independent

election commission, which will conduct the election of the members of
Shura in impartial and fair method. Apart from this the government
should follow the following steps for the election of Shura.

a The state should make all possible efforts to screen out possible better
candidates before proposing their names, for new Shura, keeping in
view the above referred criteria.

b The election campaigns should be low profiled and short depicting

only the introductions of the candidates.

c The expenses incurred on the election campaign of all candidates must

be bore by the state.

d The members should not only be elected on a geographical

constituency but on the basis of professional groupings. For example
lawyers should elect their own representatives, while labour and
teachers should elect their own representatives.

e A maximum term of office should be fixed so that the fresh blood is

infused in the Shura.

f The Shura must be allowed to do Ijtahad through the tool of Ijma, so

that the Muslim community can progress and develop according to its
genius by the introduction of these values.

The Formation of Shura though the method of election

requires three condition;
i The presence of an electorate, which is knowledgeable about the
obligations and rights under the law of Islam.

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ii The permission of only such political parties that follow the Islamic
Ideology and can present candidates who have the knowledge of limits
on legislation imposed by Quran and Sunnah.

Iii To accept a method which would be able to determine the clear

winner of the support of the majority voters.

Jurisdiction of Shura:-
The jurisdiction of Shura can be classified in three categories, which are
as under:

[a] To enforce the laws as laid down in Quran and Sunnah.

(b) To conform all existing laws in accordance with injunctions of Quran

and Sunnah.

(c) To enact laws as "subordinate legislation."

In the first and second categories, the Shura can only implement the
Islamic laws and transform the existing laws of a particular country in
accordance with the teachings of Islam, while in third category, it can
perform a lot of legislative activities under the "subordinate legislation.
" Such mandate will give the Shura the jurisdiction over a lot of matters
regarding functioning of government and welfare of the public. With
regard the functioning of the government, the Shura can exercise the
powers as follow:

(a) To frame the administrative policies.

(b) To declare war and peace with foreign states.

(c) To initiate the treaties with other states.

(d) To regulate trade and commerce with other states.

(e) To secure efficient administration.

(f) To levy taxes, Zakat etc.

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(g) To raise funds.

With regard the public welfare, the Shura performs the following
functions:

(a) To enact legislation providing social security, employment and old-

age and disability benefits.

(b) To enact the legislation to make the country a welfare state, as the
Islamic state is a welfare state by nature.

The decisions of the Shura had a binding force so that even the Caliph
was morally bound to honour them. Similarly the decisions had legal as
well as moral sanctions. The Caliph could prevail upon the consultative
body by exercising his veto even the unanimous decisions of Shura, if
circumstances so demanded, while the Shura did not have any legal
sanction against the Caliph just to overrule his veto. The defacto
responsibility of running a just government and administration was the
sole duty of a Caliph, he was, therefore, invested with a privileged
position to this effect. We have no reason to contemplate that there was
any possibility for misuse of power on the part of Khulfa-e-Rashedin.

On two different occasions, Caliph Abu Bakr did not yield to the
decisions of the Shura and thereby exercised his veto. It was later on
proved that his action was in the best interest of Islam and that of the
Muslim Millat. The Shura opposed the appointment of Usamah bin Zayd
as the commander of a military expedition, on the plea that he was too
young to conduct the warfare. The Caliph insisted upon the appointment
of the young commander, which was actually made by the Prophet
Muhammad (Peace be upon him) before his demise. At another occasion,
Abu Bakr saved the Islamic Society from disintegration and chaos by
taking an independent action outside Shura to bring to book those who
refused to pay Zakat. This decision was out and out in conformity with
the spirit of Islamic injunctions.

Shura attained a vigorous democratic form during the golden period of

the Pious Caliphs. The sessions of the Shura became more frequent and

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regular, the deliberations more comprehensive and the decisions with
more binding force. The important institution of Shura exercised partly
legislative and partly executive and administrative powers, for a clear-
cut separation of powers between the organs of government had not
been established by that time. Shura was curious blend of legislative,
executive and judicial functions. It primarily acted as an advisory council
and its decisions carried great weight. Invariably a Caliph had to yield
before the unanimous verdict of the Shura. For instance, Shura insisted
to settle the problem of conquered lands within its forums and
ultimately succeeded in that through Hazrat Umar got the ratification of
his own decision from the consultative body. He, on another occasion,
summoned a special session of Shura for the purpose to obtain the
sanction of commanding the army in person, on the eve of battle of a
Qadisiyah, but the unanimous decision of the Shura opposed the
initiative of Hazrat Umar and he yielded to its decision.

The Caliph, as head of the consultative body, used to have a greater say
in the discussion and his opinion was given a greater weight. The
decisions of the Council were more realistic and in conformity with the
demand of circumstances, by virtue of the active participation and
expert guidance of the executive head. All the members were considered
to be on equal footing and they enjoyed full freedom of expression. In the
absence of political parties, as developed in modern democratic states,
there could not develop an organized opposition within the forums as
understood in its modern sense. Any member of the Shura could oppose
a motion and get it dropped provided he was able to secure unanimous
support and similarly could easily initiate a new move.

The head of state can not exercise his veto against the decisions of Shura
if he exercises this authority, which will lead the Muslim Ummah
towards disaster and choas. Thus, the head of state is obliged to follow
the advice of the Shura. Some people take the example of Abu Bakr, who
did not yield to the decisions of Shura as those matters did not come
under the jurisdiction of Shura, which were already decided by the Holy

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Prophet (PBUH) himself. Thus the head of Islamic state is bound to
follow the decisions of Shura.

Shura in Modern Age:-

For the purpose to secure a true socio-political order as enunciated by
Islam, the revival of traditional institution of Shura is an imperative in
modern Islamic state. Its revivalism is an essential need for rise of Islam
in glory again. It is agreed upon by most of the scholars that modern
legislature is a counterpart of Shura in this democratic age. The
legislative assemblies formed within Islamic framework are competent
enough to make a democratic use Ijtihad, for the understanding of Sharia
and its application to the development of democratic institutions and a
true Islamic social order. According to I.H. Qureshi, "It is obvious that the
only place where discussion can take place in connection with the
representation and reorientation of the Sharia is the Legislature,
because it is supreme representative of the people, the legislature can
speak for them and accept on their behalf what seems rational and
proper out of a mess of arguments and commentary putting forward
different points of view."

National assemblies provide forums where people meet to deliberate, to

know the opinions of other people, to benefit from each other's
knowledge to confront particular will to modify, to conciliate them and
finally to obtain a common verdict by a majority vote. Modern
legislature provides institutional method through which the will of the
majority, which must ultimately prevail even on points of be discovered.
The exercise of Ijtihad by the representatives of the people is not un-
Islamic, for Islam does not secure the monopoly of any priest class in
regard to the knowledge of the religious law. The Holy Prophet is
reported to have pronounced. "My community will not agree on sin". He
further said, "It is your duty to stand by the united community and the
majority."

The legislature truly representing the enitre community and reflecting

all shades of opinion is sine qua non. Such an assembly must be elected

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by means of widest possible suffrage. This is demanded by present
circumstances which can and must legitimately be taken into account for
all legislation, outside and in addition to the Sharia.

A small section of the Ulema want to see the revival of Shura as an

advisory council of the ideology with greater power and prestige.

Modern Shura must exercise both 'defacto' and 'dejure' authority as an

indispensable organ of government and not to perform advisory
functions as expounded in this aforesaid view. It should enjoy absolute
authority in exercising Ijtehad and in all legislation demanded by the
circumstances. We cannot isolate religious laws from the wordly laws
within an Islamic framework, and thereby must not divide them
between two different bodies. The corporate spirit of Islamic legal
system can be maintained only if all the legislation is done within one
organ of the government. The judging of the legal validity of the supreme
legislation and some by the assemblies, falls within the orbit of the
Supreme Court in the Islamic polity. The court must exercise the power
of judicial review over the laws of Assemblies in order to expedite their
compliance with the laws of Sharia the legislative powers should be
exercised through consultation (Shura) by all representatives who
possess knowledge and capacity for judgment. Maturity of thoughts and
education are salient features for election to the Majlis-e-Shura because
of the ideological nature of the whole political structure. None-Muslims
must also be given sufficient representation in legislature. They will also
be allowed to take part in all deliberations of the Assembly dealing with
the common objects of general welfare of the community, but they may
be excluded from taking part in the discussions concerning the religious
law.

REFERNECES
1. Al-Quran: Al-Imran: 159.

2. Al-Quran: Al-Shura: 38.

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