The Ruling-System in the Islamic Ummah: The Shura
The Ruling-System in the Islamic Ummah: Al-Shura
The Ruling-system in the Ummah
The Islamic Ummah (or Umma) is the voluntary consociation of Muslims.
The rule-system in Islam is restricted only to God. God is the only lawgiver. No human being can dictate his law on Muslims other than God.
In other words All authority is invested in God. The sources of Islam namely the Quranic text and the Sunnah of Prophet Muhammad are the only legislation applicable to Muslims.
The concept of rule allegiance in Islam is worked out traditionally in terms of four sources for legislation.
i. The Qur'an
ii. The Sunnah (dictums and practice of Prophet Muhammad)
iii. Al-Ijma' (consensus of Muslims)
iv. Al-Qiyas (Judgment by analogy)
The management of the affairs of Muslims is restricted to themselves. They ought to apply Islam Law (al-Shari'ah).
No other law is accepted by the Muslims. The reason for this is the Muslim's responsibility before God , in this worldly life and in the Hereafter.
The Qur'an mentions restricted references with regard to judging among Muslims.
Judging according to the Book, the Qur'an:
‘We have sent down to you the Book in truth, that you might judge between men, as guided by God.' 4: 105
Judging with Justice and by Rendering Trusts:
‘God commands you (O believers) to render back your trusts to those to whom they are due; and if you judge between men that you judge with justice: verily is the best of teaching which God teaches you, and God sees and hears all things.' 4: 58
Individuals, once they became Muslims are obliged to apply Islamic law:
‘A believer, man or woman, has no option in determining their affairs when God and His apostle decide the matter. He who disobeys God and His apostle has gone clearly astray.' 33: 36
Authority in Man-God relationship
‘And if any do not judge by what God has revealed they are no better than wrong-doers.' 5: 45
‘And if any do not judge by what God has revealed they are no better than transgressors.' 5: 47
Muslims have no option but to apply Islamic law:
‘No believer, man or woman, when God and His Apostle decide a matter, can have an option about their decision: if any one disobeys God and His messenger, he has clearly gone astray.' 33: 36
Obedience is due only to the command of God
‘The answer of the believers, when summoned to God and His messenger, in order that he (the messenger) may judge among them, is to say: "We hear and we obey", and those are the ones who will attain felicity, it is such as obey God and fear God and do what is right that will be the winners.' 24: 51-52
Obedience as Part of the Covenant
Obedience to God's command is considered as a fulfilling part of the covenant with God:
‘O You who believe… call in remembrance the favour of God unto you, and His Covenant which he ratified with you when you said: "We hear and we obey" and fear God, for God knows the secrets of your hearts.' 5: 7
‘So obey God and obey His messenger: but if you turn back, the duty of Our messenger is but to proclaim clearly the message.' 64: 12
Obedience to God through His Messenger
If Muslims follow the teachings in the message they are rightly guided. But if they do not they shall be held to account for their deed:
‘Say: "Obey God and obey the messenger. But if you turn away, then (it is) for him (to do) only wherewith he has been charged, and for you (to do) only that wherewith you have been charged. If you obey him, you will go aright. And the messenger has no other charge than to convey (the message) clearly."' 24: 54
‘Those are the limits set by God: Those who obey God and His messenger shall be admitted to Gardens, with rivers flowing beneath to abide therein forever, and that will be the supreme achievement.' 4: 13
Disobedience to God's Rule
On the other hand, the consequences of those who disobey His commands and transgress His limits are displayed clearly in the text:
‘But those who will disobey God and His commands and His messenger and transgress His limits shall be admitted to the fire, to abide therein forever, and they shall have a humiliating punishment.' 4: 14
The Qur'an commands the Muslims to Obey God only. Obedience is due to the Messenger and those who the Muslims choose from amongst themselves to apply Shari' a
‘O Believers, obey God, and obey His messenger and those who are charged with the affairs among you, But should you have a dispute concerning any matter, then refer it to God and the messenger, If you believe in God and the Last day. That is better and more suitable as an interpretation.' 4: 59
This text indicates clearly that obedience is dues only to the divine law. It admits dispute and conflict but in case of dispute final reference is to the divine law.
The concept of Shura
As discussed above the idea of rule is alien to Islam. Muslims manage their affairs whether public or private, by mutual consultation. This concept is indicated in the sources of Islam by:
A. The absence of reference to the need to establish a post of a ruler, or rulers, over the Muslims in the Qur'an and Tradition of the Prophet.
B. The absence of reference to appoint a ruler, or rulers, to run the affairs of the Islamic Umma. The Qur'an is silent on this subject and the Tradition does not indicate any such need.
C. Muhammad did not designate any ruler after him before his death neither explicitly nor implicitly.
Ad Hoc Practice
His companions chose from amongst themselves the first four Caliphs namely Abu Bakr al-Siddiq, ‘Umar Ibn al-Khattab, ‘Uthman Ibn ‘Affan and ‘Ali Ibn Abi Talib on an ad hoc basis. The Qur'an and the Sunna do prescribe any post neither by designation nor by heritage or succession in term neither of Khalifa nor of Imam, neither of Sultan nor of an Emir or a King or any form of a ruler.
Deviation from the Qur'an
Such institutions where one man decide for the Muslims their affairs is against the basic teachings of Islam. The affairs of the Muslims are run by the Muslims themselves in a mutual consultative manner in accordance to al-Shari‘a. They choose from amongst themselves responsibles for all affairs whether political, economic or social and military, but the final decision is decided by all the Muslims in accordance with the Islamic Shar‘. The function of the responsibles is to apply shar‘ and then the will of the majority of Muslims should there be no total consensus in accordance to Shari‘a.
This type of managing the affairs of the Umma was once fully practiced in Islamic history. This was at the time of Muhammad during the epoch of Medina 620-632 AD.
All Muslims were called upon to decide their affairs and especially regional and military affairs. The final decision was taken after consulting with all Muslims. All Muslims practiced their responsibility for the final decision where it was implemented by all. This system put into practice the idealistic model of the Islamic Umma.
However; it can be argued that the Islamic Umma was a small community and now (a community of over one billion Muslims in the world today) it is impossible to put it into practice. But even though the Umma is large and spread all over the globe, it must come together first, into consensus, and with the present stage of knowledge it allows by means of a referenda system to implement the shura principle. But the different deviations in Islam and the multiple innovations, as well as abandoning the spirit of Islam and getting attached to worldly life, impedes the realisation of such a pragmatic-idealist model. Today, the multiple divisions within the Islamic Umma does not allow for such a practice.
Mal-practice
In Islamic history the one-man-rule has nearly destroyed the spirit of Islam in the hearts of Muslims.
The one man ruler has proven an unjust imposition of personal individualistic will, often temporal and egoist in nature, depriving Muslims from their rights and responsibilities in managing the affairs of the entire Umma.
The underlying bases of the concept of Shura are that All Muslims contribute equally to the running of their community affairs. The Qur'anic text is clear on this. The text does not indicate a ruler with a clique of advisors, It does not either indicate a ‘counsel' of few Muslims, It does not refer to one section of Muslims ruling over the others. It does not refer to a minority or a majority, but the reference is in the total general implicating every Muslim.
The Qur'anic text prescribing the principle of shura defines the idea of managing the Umma's affairs in the following terms:
‘Those who believe…and those who answer the call of their Lord and establish prayers and conduct their affairs by mutual consultation (amruhum shura baynahum), and who spend of what We have bestowed on them.' 42: 36, 38
In this text the address is made to All Muslims without exception. Neither the Qur'an nor the Hadith defines or prescribes a specific system of rule. Administrative systems are chosen by Muslims from amongst themselves and obedience is due to such bodies of administration. This does not mean that the choice is open to establish any other institution than the ‘mutual counselling' system. The Qur'an constantly rejects the one man rule system as unjust and calls upon the Muslims to deal justly with one another. The Qur'an sites the Pharaonic system as a bad example and rejects it completely:
‘Pharaoh was verily a tyrant in the land, and he verily was of the wanton.' 10: 83
The Qur'an rejects entirely the rule of kings:
‘She said: Verily, kings when they enter a township ruin it and make the honour of its people shame.' 27: 34
The Islamic concept of man in a social gathering views him on equal bases with the others. The criterion of excelling in the eyes of God is man's piety. The following text indicates this criterion:
‘O mankind, we created you from a single pair of a male and a female. And made you into tribes and nations that you may know each other. Verily, the most honoured of you in the sight of God is he who is most righteous of you, and God has full knowledge and is well acquainted with all things.' 41: 13
The concept of Shura in Islam prescribes the following practices:
i. Every Muslim, as a member of the Islamic Umma must be acquainted with the knowledge of Islam.
ii. Every Muslim being the essential brick in the structure of the Umma is on equal footing with the other Muslims.
iii. Every Muslim has the right and responsibility to share equally in the decision making in managing the affairs of the Umma.
iv. Decisions of the Umma are decided only by mutual consultation among all Muslims.
v. No one person, a group of persons, a minority or a majority should decide the Umma's affairs.
vi. After due mutual consultation decisions are made within the boundaries of Shari‘a.
vii. Islamic law is the final reference in the personal as well as public affairs.
viii. Public matters such as war and peace, economy and education should be congruent to Islamic Shar‘. Only when there are no clearly defined Islamic texts and the issue is left to the Umma that Muslims vote by means of consultation, counselling systems and referendums, their own decisions.
ix. No delegation or deputization or procuration of power, to one person, or a group of persons, or a party, or a minority nor a majority is allowed; for this indicates denying, as well as forfeiting, one's own rights and responsibilities to share equally in the decision-making of the affairs of the Umma that he is, directly or indirectly, subjected to.
This system of managing public affairs requires multi- sectional systems of counselling that are equal in status and responsibility to all other systems, but allows for practical participation. The Muslim must have the possibility to exercise his rights and responsibilities in the management of the affairs of the whole community.
There is more evidence within the Qur'anic text of the mutual consultation system. The messenger himself, Muhammad, was commanded to consult with the Muslims in managing their affairs. In the following verse we are informed:
‘It is through the mercy of God that you deal gently with them. But should you be rough and harsh-hearted they would have broken away from about you: so pass over their faults and ask for God's forgiveness for them, and consult them in the affairs. Then, when you have taken a decision, put your trust in God, for God loves those who put their trust in Him.' 3: 159
In practice, the messenger has always consulted the Muslims in military and social matters and has decided according to the outcome of these consultations. In all cases, of war for example, the opinion of experts who have experience and knowledge was always taken along side the consensus of the Muslims in the concerned matter.
Principle of Shura
The principle of Shura should not be applied only in public affairs but also in private ones. In the case of weaning, for example, both parents must resolve their problem by mutual consultation:
‘If they both decide on weaning, by mutual consent, and after due mutual consultation, then there is no blame on them.' 2: 233
The Islamic Umma is an integral entity where division dissention and dispute must be avoided. Relationships among Muslims must conform to a brotherly and cooperative precept. The following references denote this unity and solidarity among Muslims:
‘O you who believe… Obey God and His messenger, and fall not into disputes, lest you lose heart and your power departs; and be patient and persevering.' 8: 46
‘As for those who divide up their religion and break up into sects, you have no part in them.' 6: 159
‘O you who believe… Help you one another in righteousness and piety, but do not help one another in sin and transgression, and fear God: for God is strict in punishment.' 5: 2
Muslims should be in constant pursuit of Islamic Shari‘a and ought not to follow self desires which lead away from the right path. Whoever chooses to follow his own inclinations towards evil is led to conjecture. In the following verses we have such evidence:
‘They follow nothing but conjecture, and what their own selves desire.' 53: 23
‘But many do mislead men by their self inclinations unchecked by knowledge.' 6: 119
‘And do not follow the inclinations of the self, for they will mislead you from the path of God: as for those who wander astray from the path of God there is a grievous penalty, for that they forget the Day of Judgment.' 38: 26
In the Islamic Umma an administration is established in order to manage people's affairs in economy, military and social issues. It is the guardian of religion. Its main function is to implement Shari‘a and resolve problems of the Muslims according to Islamic law.
Its function is to implement also whatever decisions are taken by the Umma with regard to issues that are not denoted by Shari‘a as in political issues like war and peace, economic issues where poverty and riches are not allowed and the circulation of wealth should be applied among all Muslims, social issues where status and distinction as well as social hierarchy should not be established.
The administration maintains the security of the Umma and applies the hudud (Punishment). Education is administered to promote the precepts of Islam. Knowledge in all its branches is open as a duty for every Muslim.
The Ruling-system in the Ummah
The Islamic Ummah (or Umma) is the voluntary consociation of Muslims.
The rule-system in Islam is restricted only to God. God is the only lawgiver. No human being can dictate his law on Muslims other than God.
In other words All authority is invested in God. The sources of Islam namely the Quranic text and the Sunnah of Prophet Muhammad are the only legislation applicable to Muslims.
The concept of rule allegiance in Islam is worked out traditionally in terms of four sources for legislation.
i. The Qur'an
ii. The Sunnah (dictums and practice of Prophet Muhammad)
iii. Al-Ijma' (consensus of Muslims)
iv. Al-Qiyas (Judgment by analogy)
The management of the affairs of Muslims is restricted to themselves. They ought to apply Islam Law (al-Shari'ah).
No other law is accepted by the Muslims. The reason for this is the Muslim's responsibility before God , in this worldly life and in the Hereafter.
The Qur'an mentions restricted references with regard to judging among Muslims.
Judging according to the Book, the Qur'an:
‘We have sent down to you the Book in truth, that you might judge between men, as guided by God.' 4: 105
Judging with Justice and by Rendering Trusts:
‘God commands you (O believers) to render back your trusts to those to whom they are due; and if you judge between men that you judge with justice: verily is the best of teaching which God teaches you, and God sees and hears all things.' 4: 58
Individuals, once they became Muslims are obliged to apply Islamic law:
‘A believer, man or woman, has no option in determining their affairs when God and His apostle decide the matter. He who disobeys God and His apostle has gone clearly astray.' 33: 36
Authority in Man-God relationship
‘And if any do not judge by what God has revealed they are no better than wrong-doers.' 5: 45
‘And if any do not judge by what God has revealed they are no better than transgressors.' 5: 47
Muslims have no option but to apply Islamic law:
‘No believer, man or woman, when God and His Apostle decide a matter, can have an option about their decision: if any one disobeys God and His messenger, he has clearly gone astray.' 33: 36
Obedience is due only to the command of God
‘The answer of the believers, when summoned to God and His messenger, in order that he (the messenger) may judge among them, is to say: "We hear and we obey", and those are the ones who will attain felicity, it is such as obey God and fear God and do what is right that will be the winners.' 24: 51-52
Obedience as Part of the Covenant
Obedience to God's command is considered as a fulfilling part of the covenant with God:
‘O You who believe… call in remembrance the favour of God unto you, and His Covenant which he ratified with you when you said: "We hear and we obey" and fear God, for God knows the secrets of your hearts.' 5: 7
‘So obey God and obey His messenger: but if you turn back, the duty of Our messenger is but to proclaim clearly the message.' 64: 12
Obedience to God through His Messenger
If Muslims follow the teachings in the message they are rightly guided. But if they do not they shall be held to account for their deed:
‘Say: "Obey God and obey the messenger. But if you turn away, then (it is) for him (to do) only wherewith he has been charged, and for you (to do) only that wherewith you have been charged. If you obey him, you will go aright. And the messenger has no other charge than to convey (the message) clearly."' 24: 54
‘Those are the limits set by God: Those who obey God and His messenger shall be admitted to Gardens, with rivers flowing beneath to abide therein forever, and that will be the supreme achievement.' 4: 13
Disobedience to God's Rule
On the other hand, the consequences of those who disobey His commands and transgress His limits are displayed clearly in the text:
‘But those who will disobey God and His commands and His messenger and transgress His limits shall be admitted to the fire, to abide therein forever, and they shall have a humiliating punishment.' 4: 14
The Qur'an commands the Muslims to Obey God only. Obedience is due to the Messenger and those who the Muslims choose from amongst themselves to apply Shari' a
‘O Believers, obey God, and obey His messenger and those who are charged with the affairs among you, But should you have a dispute concerning any matter, then refer it to God and the messenger, If you believe in God and the Last day. That is better and more suitable as an interpretation.' 4: 59
This text indicates clearly that obedience is dues only to the divine law. It admits dispute and conflict but in case of dispute final reference is to the divine law.
The concept of Shura
As discussed above the idea of rule is alien to Islam. Muslims manage their affairs whether public or private, by mutual consultation. This concept is indicated in the sources of Islam by:
A. The absence of reference to the need to establish a post of a ruler, or rulers, over the Muslims in the Qur'an and Tradition of the Prophet.
B. The absence of reference to appoint a ruler, or rulers, to run the affairs of the Islamic Umma. The Qur'an is silent on this subject and the Tradition does not indicate any such need.
C. Muhammad did not designate any ruler after him before his death neither explicitly nor implicitly.
Ad Hoc Practice
His companions chose from amongst themselves the first four Caliphs namely Abu Bakr al-Siddiq, ‘Umar Ibn al-Khattab, ‘Uthman Ibn ‘Affan and ‘Ali Ibn Abi Talib on an ad hoc basis. The Qur'an and the Sunna do prescribe any post neither by designation nor by heritage or succession in term neither of Khalifa nor of Imam, neither of Sultan nor of an Emir or a King or any form of a ruler.
Deviation from the Qur'an
Such institutions where one man decide for the Muslims their affairs is against the basic teachings of Islam. The affairs of the Muslims are run by the Muslims themselves in a mutual consultative manner in accordance to al-Shari‘a. They choose from amongst themselves responsibles for all affairs whether political, economic or social and military, but the final decision is decided by all the Muslims in accordance with the Islamic Shar‘. The function of the responsibles is to apply shar‘ and then the will of the majority of Muslims should there be no total consensus in accordance to Shari‘a.
This type of managing the affairs of the Umma was once fully practiced in Islamic history. This was at the time of Muhammad during the epoch of Medina 620-632 AD.
All Muslims were called upon to decide their affairs and especially regional and military affairs. The final decision was taken after consulting with all Muslims. All Muslims practiced their responsibility for the final decision where it was implemented by all. This system put into practice the idealistic model of the Islamic Umma.
However; it can be argued that the Islamic Umma was a small community and now (a community of over one billion Muslims in the world today) it is impossible to put it into practice. But even though the Umma is large and spread all over the globe, it must come together first, into consensus, and with the present stage of knowledge it allows by means of a referenda system to implement the shura principle. But the different deviations in Islam and the multiple innovations, as well as abandoning the spirit of Islam and getting attached to worldly life, impedes the realisation of such a pragmatic-idealist model. Today, the multiple divisions within the Islamic Umma does not allow for such a practice.
Mal-practice
In Islamic history the one-man-rule has nearly destroyed the spirit of Islam in the hearts of Muslims.
The one man ruler has proven an unjust imposition of personal individualistic will, often temporal and egoist in nature, depriving Muslims from their rights and responsibilities in managing the affairs of the entire Umma.
The underlying bases of the concept of Shura are that All Muslims contribute equally to the running of their community affairs. The Qur'anic text is clear on this. The text does not indicate a ruler with a clique of advisors, It does not either indicate a ‘counsel' of few Muslims, It does not refer to one section of Muslims ruling over the others. It does not refer to a minority or a majority, but the reference is in the total general implicating every Muslim.
The Qur'anic text prescribing the principle of shura defines the idea of managing the Umma's affairs in the following terms:
‘Those who believe…and those who answer the call of their Lord and establish prayers and conduct their affairs by mutual consultation (amruhum shura baynahum), and who spend of what We have bestowed on them.' 42: 36, 38
In this text the address is made to All Muslims without exception. Neither the Qur'an nor the Hadith defines or prescribes a specific system of rule. Administrative systems are chosen by Muslims from amongst themselves and obedience is due to such bodies of administration. This does not mean that the choice is open to establish any other institution than the ‘mutual counselling' system. The Qur'an constantly rejects the one man rule system as unjust and calls upon the Muslims to deal justly with one another. The Qur'an sites the Pharaonic system as a bad example and rejects it completely:
‘Pharaoh was verily a tyrant in the land, and he verily was of the wanton.' 10: 83
The Qur'an rejects entirely the rule of kings:
‘She said: Verily, kings when they enter a township ruin it and make the honour of its people shame.' 27: 34
The Islamic concept of man in a social gathering views him on equal bases with the others. The criterion of excelling in the eyes of God is man's piety. The following text indicates this criterion:
‘O mankind, we created you from a single pair of a male and a female. And made you into tribes and nations that you may know each other. Verily, the most honoured of you in the sight of God is he who is most righteous of you, and God has full knowledge and is well acquainted with all things.' 41: 13
The concept of Shura in Islam prescribes the following practices:
i. Every Muslim, as a member of the Islamic Umma must be acquainted with the knowledge of Islam.
ii. Every Muslim being the essential brick in the structure of the Umma is on equal footing with the other Muslims.
iii. Every Muslim has the right and responsibility to share equally in the decision making in managing the affairs of the Umma.
iv. Decisions of the Umma are decided only by mutual consultation among all Muslims.
v. No one person, a group of persons, a minority or a majority should decide the Umma's affairs.
vi. After due mutual consultation decisions are made within the boundaries of Shari‘a.
vii. Islamic law is the final reference in the personal as well as public affairs.
viii. Public matters such as war and peace, economy and education should be congruent to Islamic Shar‘. Only when there are no clearly defined Islamic texts and the issue is left to the Umma that Muslims vote by means of consultation, counselling systems and referendums, their own decisions.
ix. No delegation or deputization or procuration of power, to one person, or a group of persons, or a party, or a minority nor a majority is allowed; for this indicates denying, as well as forfeiting, one's own rights and responsibilities to share equally in the decision-making of the affairs of the Umma that he is, directly or indirectly, subjected to.
This system of managing public affairs requires multi- sectional systems of counselling that are equal in status and responsibility to all other systems, but allows for practical participation. The Muslim must have the possibility to exercise his rights and responsibilities in the management of the affairs of the whole community.
There is more evidence within the Qur'anic text of the mutual consultation system. The messenger himself, Muhammad, was commanded to consult with the Muslims in managing their affairs. In the following verse we are informed:
‘It is through the mercy of God that you deal gently with them. But should you be rough and harsh-hearted they would have broken away from about you: so pass over their faults and ask for God's forgiveness for them, and consult them in the affairs. Then, when you have taken a decision, put your trust in God, for God loves those who put their trust in Him.' 3: 159
In practice, the messenger has always consulted the Muslims in military and social matters and has decided according to the outcome of these consultations. In all cases, of war for example, the opinion of experts who have experience and knowledge was always taken along side the consensus of the Muslims in the concerned matter.
Principle of Shura
The principle of Shura should not be applied only in public affairs but also in private ones. In the case of weaning, for example, both parents must resolve their problem by mutual consultation:
‘If they both decide on weaning, by mutual consent, and after due mutual consultation, then there is no blame on them.' 2: 233
The Islamic Umma is an integral entity where division dissention and dispute must be avoided. Relationships among Muslims must conform to a brotherly and cooperative precept. The following references denote this unity and solidarity among Muslims:
‘O you who believe… Obey God and His messenger, and fall not into disputes, lest you lose heart and your power departs; and be patient and persevering.' 8: 46
‘As for those who divide up their religion and break up into sects, you have no part in them.' 6: 159
‘O you who believe… Help you one another in righteousness and piety, but do not help one another in sin and transgression, and fear God: for God is strict in punishment.' 5: 2
Muslims should be in constant pursuit of Islamic Shari‘a and ought not to follow self desires which lead away from the right path. Whoever chooses to follow his own inclinations towards evil is led to conjecture. In the following verses we have such evidence:
‘They follow nothing but conjecture, and what their own selves desire.' 53: 23
‘But many do mislead men by their self inclinations unchecked by knowledge.' 6: 119
‘And do not follow the inclinations of the self, for they will mislead you from the path of God: as for those who wander astray from the path of God there is a grievous penalty, for that they forget the Day of Judgment.' 38: 26
In the Islamic Umma an administration is established in order to manage people's affairs in economy, military and social issues. It is the guardian of religion. Its main function is to implement Shari‘a and resolve problems of the Muslims according to Islamic law.
Its function is to implement also whatever decisions are taken by the Umma with regard to issues that are not denoted by Shari‘a as in political issues like war and peace, economic issues where poverty and riches are not allowed and the circulation of wealth should be applied among all Muslims, social issues where status and distinction as well as social hierarchy should not be established.
The administration maintains the security of the Umma and applies the hudud (Punishment). Education is administered to promote the precepts of Islam. Knowledge in all its branches is open as a duty for every Muslim.
