The Islamic system of Shura

The Islamic system of Shura

 

The Islamic system of Shura

1. Introduction

Shura is one of the most important institutions of Islam and a source of expression of Public opinion where representatives of Islam discuss upon state’s administrative issues. In the shape of the shura system, the Islamic state provided a method to hold consultations among Muslims to resolve government administrative affairs. Parliament is a form of shura system and it has been derived from the Islamic shura system

2. Meaning of Shura

Shura is an Arabic word that means “To Consult” or “To ask for advice”

3. Definition of Shura

Shura is a body of representatives of the Muslim community who get together for consultation with each other to reach a decision for the resolution of administrative issues

4. Importance of Shura in Islamic State

The following verse of the Holy Quran shows the importance of the Shura System 1. According to Quran “And consult with them upon the conduct of affair”

2. According to Ahadith

“Hazrat Abu Huraira (R.A) said that the practice of Holy Prophet (P.B.U.H) I have not seen anybody who could excel (Barhay) the prophet (P.B.U.H) in consultation from companions”

Hazrat Ayesha (R.A) says: “I have not seen a person consulting the people to more than Holy Prophet (P.B.U.H)”

5. Types of Shura

During the period of Caliph Hazrat Umar (R.A), there were two types of Shura

1. Shura Aam

It consisted of people from the general public or the common people of the Muslim community

2. Shura Khas

It consisted of well-known companions or well-known people of the Muslim community

6. Person who may be elected as Shura members

The following persons can be elected as members of the Majlis-e-Shura 

  • 1) A person who is a citizen of the state and
  • 2) The person should be Muslim
  • 3) Whose sincerity, ability, and loyalty are high in the eyes of the Public
  • 4) Who participated in the major decisions of the state
  • 5) Who has enough knowledge of Islamic teachings
  • 6) Who character is clean and free from sins and does not violate Islamic injunctions

 Quran says: “The most honored of you in the sight of God is the most pious among you”

7. Duty of Majlis e Shura

The members of Shura must give their best opinions according to their wisdom as Holy Prophet (P.B.U.H) said that,  Holy Prophet (P.B.U.H) says “The man who advises his brother by knowing well that is not right; he does deceive his trust”

8. Characteristics (Sifaat) of Shura

The following are the important characteristics of the Shura system

1. Will of God

Shura is subject to the Will of God and without the will or against ALLAH’s will no decision is taken

2. Freedom of opinion

Freedom of opinion is an integral part of Shura because everybody is free to express his opinion. Holy Prophet (P.B.U.H) always left the companions to speak freely to express their opinions on matters of concerns

3. Rule of Majority opinion

The minority should follow the opinion of the Majority sometimes companions differ with one another but The Holy Prophet (P.B.U.H) also follows the majority opinion

4. Principle of vicegerency

In Shura, the people are only representatives of ALLAH. They have no power to supersede any provision of the Sharia

5. Binding authority

Once Shura has reached a decision. It should be enforced because it has binding authority

 Quran says: “Once you determine, and then trust in ALLAH”

9. Important Shura’s in Islam

Following are the most important shura’s in Islamic history

1. Shura e Ahad

On the occasion of Ahad, the Holy Prophet’s (P.B.U.H) opinion that they should fight the enemy by remaining inside of the city but the majority wanted to battle outside the city, and the opinion of the majority honored

2. Shura e Badr

On the occasion of Badr, this shura was held by the Holy Prophet (P.B.U.H) to finalize whether they should meet at Badr or Not. The Companions unanimously agreed to meet the enemy at Badr

3. Nomination of Hazrat Umar (R.A)

Hazrat Abu Bakar Siddique (R.A) proposed the name of Hazrat Umar (R.A) as caliph after him. All the members of the shura agreed and approval was given to it

10. Comparison of Shura with Parliament

The concept of Shura presented by Islam is much earlier than the present concept of parliament. Islam gave the concept of a parliament system nearly one thousand years earlier than the Western concept that’s why shura is superior to the parliament system

1. As to will

In shura will of ALLAH is supreme

In parliament public opinion is supreme

2. As to religion

In shura religion of the state is Islam

In the Western parliament form of govt, religion is not so important

3. As to the source of Law

In shura, sources are the Quran and Sunnah

In the Western parliament form of govt, sources of law are man-made laws

4. Dual personality

In shura members are responsible and answerable to the people and ALLAH

In the parliament system, the members are answerable only to the people

5. Freedom of opinion

In shura, every member is free to give his opinion

In the Parliament system, every member is not free to give his opinion as they are elected on a party basis

6. Jurisdiction

In the shura system, the jurisdiction covers the whole world

In the parliament system, jurisdiction covers the geographical boundaries

11. Conclusion

The Islamic shura system is a model for the whole world. Shura develops Islamic concepts and theories. Shura makes decisions on legal, and political matters in light of social norms. In Pakistan's constitution of 1973, the parliament was given the name of Majlis-e-Shura by Article 50

Ikyan Shah (Advocate High Court)
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