INTRODUCTION
Islam is a religion that preaches brotherhood and harmony. To protect the interest of every member of society, the concept of Shura was introduced. So, the Shura is an expression of public opinion and is an essential institution with legal status in which everybody can have a say in their affairs. The Government could act according to people’s wishes.
MEANING OF SHURA
In Islamic law, Shura means;
“A collective body of wise and leamed men who are consulted regarding matters of the state.”
DEFINITION OF SHURA
Shura is a body of representatives of the Muslim community who assemble for consultation with each other to reach decisions for running the business of the Government.
DEVELOPMENT OF SHURA
Islam laid down a method to administer the affairs of the Government through mutual consultations. Shura was elected to perform the following functions.
- Judicial functions
- Executive functions
- Legislative functions
IN THE LIGHT OF THE HOLY QURAN
The Holy Quran says;
“They conduct their affairs with mutual consultation.”
“And consult with them upon the conduct of affairs.”
“And consult them in affairs, and when you have decided, put your trust in Allah Almighty.”
IN THE LIGHT OF SUNNAH
The Holy Prophet Muhammad (PBUH) says;
“The man who gives a counsel to his brother knowing full well that it is not correct does most surely betray his trust.
Hazrat Abu Hurairah says:
Hazrat Abu Hurairah witnessed the Holy Prophet Muhammad (PBUH ) consulting with the people, which is why he said. “I have not seen anybody who could excel the Holy Prophet Muhammad (PBUH) consultation from his companions.”
Hazrat Ayesha says
“I have not seen a person consulting the people more than the Holy Prophet Muhammad (PBUH).”
TYPES OF SHURA
Hazrat Umar, the second caliph, had two shuras, namely.
Shura Khas: It consists of selected people, i.e. eminent companions. This is the more qualified branch of Shura, consisting of learned experts and Jurists representing the masses.
Shura Aam: It consists of ordinary people, i.e. Ummah. Therefore, Shura Aam is that body of persons who are familiar and general representatives of the people.
CONCEPT OF SHURA IN AN ISLAMIC STATE
Features of the concept of Shura in an Islamic state:
1. Election of Representatives
Initially, the representatives of the community or the Shura members were nominated by the people for the excellent services they rendered to society. No hard and fast rules are required for the members’ electron. Allah and the caliph cannot supersede the decision of Shura.
2. Eligibility of Members
The following people are eligible to be members of the SShura.
- Confidence of masses
- Sincerity and loyalty in the public
- Whose decisions would be a true representative of the will of the people
- Whose decisions and actions would be a guarantee in themselves that the free would be with the Government
- Who carries the weight of the community’s trust on his shoulder
- Followers of Islam and Prophet.
- Wise people
- Whose character is distinguished in the state
SALIENT FEATURES OF SHURA
1. Subjection to Allah
Shura is subjected to the will of Allah. Therefore, Shura is an assembly of people running the affairs of Government. The members of Shura and their decisions are subject to Allah’s will, and they know that they are directly answerable to God.
2. Requirement of Shariah
The concept of a shura has been laid down in Islamic law because Islan wants such a system of Government to be established where all peoples, the whole community, agree regarding the government’s decisions.
3. Freedom of Expression
In Islam, every member or representative has the right to his opinion and to consult others. There are no restrictions or limits to the members’ or representatives’ speed and thought.
4. Binding force of decisions
The Holy Quran says,
“Once you determine, then trust in Allah.”
The decisions reached by the members of Shura collectively would be binding and enforceable.
5. Majority Rules
The feature of Shura is that the decisions taken by most people would be prevalently enforced. Thus, the minority would have to fire into the majority’s conclusion.
6. Eligibility for consultation
Only those consulted on matters in question can reach a decision and issue a verdict. People who are not well informed on matters should not be consulted.
7. Eligible qualifications
Every person is not eligible to become a Shura member; Only those with the requisite qualifications are eligible.
8. State religion
According to the Holy QurShurad Sunnah, the established state religion should be Islam because the shura cannot function in a secular syShuraof Government.
9. Sovereignty
For the shura system to function, the following are two conditions.
- Islam should be the state religion.
- Sovereignty must lie with Allah Almighty.
10. Uniformity of law
Law is identical for every citizen of a country. Even the ruler is subject to the same laws as a beggar.
11. De Jure Jurisdiction
Geographical boundaries do not hamper the functions and objectives of a Shura because it is for the implementation of the religion of God, which is beneficial for the whole world.
12. Majlis-al-Shura in Pakistan
The Parliament of Pakistan is called Majlis-al-Shura, and in 1985, General Zia-ul-Haq, in his Islamization, renamed the Parliament Majlis-al-Shura, which consists of two houses. e., Senate and National Assembly.
SUPREMACY OF SHURA
Shura is answerable to Qazi, and Qazi is not answerable to Shura or anyone but Allah.
IMPORTANCE OF SHURA
Hazrat Umer said,
“You have no alternative but to award a death sentence to a person who enforces his or someone else’s orders without consultation.”
CONCLUSION
Shura is an essential institution in Islam and is subjected to the will of Allah. It is also a permanent feature of the Islamic system and is an extender of religion. Islam has introduced the concept of Parliament to the world at large.
Frequently Asked Questions
“Their matters are decided & discharged with mutual consultation.” Explain this principle with particular reference to the concept of Shura and its binding nature.
(2019-AShura years)
Islam defies dictatorship and arbitrary use of powers by the state functionaries. Instead, Islam introduces the ‘Doctrine of Shura’. Kindly explain this doctrine with examples wherever necessary.
(2015-S)
Discuss the importance of the system and concept of Shura in Islam compared to Democracy.
(2010-A)
Islam propounds the “Doctrine of Shura”, which differs from prevalent Democracy. Do you agree?
(2009-A)
Write a short note on Shura.
(2016-S)
