ASH-SHURA - CONSULTATION

"… consult them in matters. When you have taken a firm decision, then place your trust in Allah. Verily, Allah loves those who place their trust in Him." (3:159)

In this verse, Allah Ta'ala ordered the Prophet Hadhrat Muhammad (Sallallaahu 'Alaihi Wasallam) to establish the principle of consultation (Shura) with his companions (Radiyallahu anhum). From this verse, we can deduce three key points:

The value of the Sahabah-e-Kiraam (Radiyallahu anhum).
The importance of Shura (consultation) in Islam.
Even though Nabi Karim (Sallallaahu 'Alaihi Wasallam) is the Imam-ul-Ambiya (leader of all the Prophets [Alaihimus Salaam]), the best of all Allah’s creation, and is directly guided by his Lord, he was still ordered to consult with his companions (Radiyallahu anhum).

Additionally, in verse 38 of Surah 42, Allah Ta'ala says:

"... whose affairs are by mutual consultation between themselves."

Here, Allah Ta'ala clearly states that Shura is one of the praiseworthy qualities of the Sahabah (Radiyallahu anhum).

MEANING OF 'AL-'AMR'

The word 'AL-'AMR' mentioned in the above verses has several meanings, such as:

Any statement or practice of significant importance.
The hukumah (government).

This is the same meaning applied to the words: 'Ulli 'Amr (97:4): "… descend with every decision (order) on this night by the command of their Rabb"; and

3. A special attribute of Allah, Rabb-ul-'Izzat. According to the Mufassireen, this meaning also applies to the word 'Amr' in the following verse:

"Say, 'It is from the command of my Rabb...'" (17:85)

THE VIRTUES OF SHURA

In a Hadith of Baihaqi, Hadhrat 'Abdullah Bin Umar (Radiyallahu anhu) relates that Rasulullah (Sallallaahu 'Alaihi Wasallam) said: "When someone, before undertaking a task, holds a Shura to decide whether or not to proceed with a particular matter, Allah Ta'ala guides him to the straight path, i.e., he receives Hidayah."

In another Hadith of Tirmizi, Hadhrat Abu Hurairah (Radiyallahu anhu) reports that the Prophet (Sallallaahu 'Alaihi Wasallam) said:

"When the best among you are your leaders, the rich are generous, and you consult each other—i.e., make Shura—in all your important matters, then at that time, the surface of the earth is better for you than the grave. However, when the wicked and the worst among you are the leaders, the rich are stingy, and important matters are entrusted to women, it is better at that time to be under the earth than on it."

This Hadith draws attention to the fact that when desire and passion (nafsaaniyat) begin to dominate reason and justice, such that no distinction is made between good and evil, and important matters are entrusted to women, death is preferred over life.

Let us emphasise that the Shariah does not prevent taking the opinions of women, especially on matters concerning them. Even the Prophet (Sallallaahu 'Alaihi Wasallam) sought the advice of one of his wives on the occasion of Hudaibiyyah. What is forbidden is for women to lead a Shura and take decisions.

The Prophet (Sallallaahu 'Alaihi Wasallam) also instructed that when seeking consultation, one should consult honest individuals. When asked for your opinion, you should give sincere advice that you would have acted upon yourself.

Let us recall that it is masnun to hold a Shura (consultation) to deliberate only on subjects for which there is no clear and categorical stipulation in the Qur'an or the Hadith. However, if the Qur'an and the Hadith speak clearly on a subject, then it is neither necessary nor even permissible (jaaiz) to consult one another regarding it. For example, it is categorical that Salah, Zakaat, fasting in Ramadhan, and Hajj are pillars and obligations in Islam. Therefore, it is not permissible to hold a Shura to decide whether or not to perform Salah, give Zakaat, or observe the fast.

However, Hajj and Zakaat are matters of consultation with the relevant people in order to decide practical aspects—such as by which means of transport one will perform Hajj (by plane, boat, or other means), and how the Zakaat should be distributed—whether to the poor, to orphans, or to others.

In a Hadith narrated by Hadhrat 'Ali (Radiyallahu anhu), he asked the Prophet (Sallallaahu 'Alaihi Wasallam) what should be done if the Qur'an and Hadith are not clear on a solution. The Prophet (Sallallaahu 'Alaihi Wasallam) replied to gather the pious, knowledgeable individuals of Deen and consult them. He also warned us never to accept a verdict based solely on personal opinion, rather than the Shari'ah.

This Hadith highlights the value of Shura, whether for religious or worldly matters. When holding a Shura, it is advisable to consult individuals who are Deendaars (pious) and Faqih (knowledgeable in Deen).

In another Hadith narrated by Hadhrat Abu Hurairah (Radiyallahu anhu), the Prophet (Sallallaahu 'Alaihi Wasallam) said:

"Seek the advice of intelligent people and do not disobey them, so that you will not regret it."

Thus, the qualities that should be prioritised among the members of a Majlis-e-Shura are: (1) intelligence, (2) piety, and (3) knowledge of Deen.

SHURA-WAHI

In verse 159 of Surah 3, the Prophet (Sallallaahu 'Alaihi Wasallam) was commanded to consult (Shura) with the Sahabah-e-Kiraam (Radiyallahu anhum). However, there is a point that requires clarification. The Prophet (Sallallaahu 'Alaihi Wasallam) is undoubtedly the Messenger of Allah Ta'ala, and he receives Wahi (revelation) as guidance. Thus, one might question: what is the need for him to engage in consultation when Allah Ta'ala guides him in every step he takes?

Allah says in Surah An-Najm:

"By the star when it sets. Your companion (Rasulullah [Sallallaahu 'Alaihi Wasallam]) is neither astray nor has he lost his direction. He does not speak of his own desires. Whatever he says is revelation revealed to him. He has been taught by one of tremendous might." (53:1-5)

There are two primary explanations provided by the Ulama-e-Kiraam:

It was not obligatory for the Prophet (Sallallaahu 'Alaihi Wasallam) to engage in Shura, but he did so in order to elevate the darjah (rank) of the Sahabah (Radiyallahu anhum) and, at the same time, to unify them into one cohesive group, ensuring that their voice, strength, and objectives were aligned.
Imam Abu Bakr Al-Jassaas (Rahimahullah) offered an explanation that refutes the first. He argued that if consulting the Sahabah (Radiyallahu anhum) had no significance or impact, the Prophet’s (Sallallaahu 'Alaihi Wasallam) final decision would not have been influenced by the opinions presented by the Sahabah (Radiyallahu anhum), which would have deprived them of the honour of participating in that decision-making process. The more plausible explanation is that, although the Prophet (Sallallaahu 'Alaihi Wasallam) was generally guided in all his affairs, there were specific cases in which Allah Ta'ala entrusted him to make decisions through consultation with his companions (Radiyallahu anhum). The following incidents support this second explanation:

a) During the Battle of Uhud, the Prophet (Sallallaahu 'Alaihi Wasallam) held a Shura with the Sahabah (Radiyallahu anhum) regarding the strategy of attack and defence, specifically whether to remain in Madinah or to leave the city. The majority of the Sahabah (Radiyallahu anhum) recommended leaving Madinah and engaging in battle outside the city. This opinion was adopted by the Prophet (Sallallaahu 'Alaihi Wasallam).

b) In the Battle of Khandaq (the Trench), when the idea of signing a peace treaty was proposed, Hadhrat Saad Bin Mu'az (Radiyallahu anhu) and Hadhrat Saad Bin Ubaadah (Radiyallahu anhu) strongly opposed the idea of negotiating a peace treaty with the enemy. The Prophet (Sallallaahu 'Alaihi Wasallam) agreed with their viewpoint and acted accordingly.

c) During the slander campaign against the honour of Hadhrat 'Aisha (Radiyallahu anha), when the Munaafiqeen spread malicious rumours, the Prophet (Sallallaahu 'Alaihi Wasallam) sought counsel from his companions (Radiyallahu anhum).

These instances clearly demonstrate that the practice of Shura does not contradict Prophethood. It is evident that the Shura that the Prophet (Sallallaahu 'Alaihi Wasallam) held with the Sahabah (Radiyallahu anhum) was not a mere formality or an attempt to please them, but rather a means to help him make important decisions.

In light of these points, there are valuable lessons for us to reflect upon. If Rasulullah (Sallallaahu 'Alaihi Wasallam), the Khalilullah and Habibullah, implemented Shura in his life, should we, his Ummah, whom he loved so dearly, not follow his example and engage in Shura for our important matters, whether they relate to Deen or Dunya?

SHURA AND ITS RULES

The Qur'an and the Ahadith strongly encourage the practice of Shura. There are numerous blessings (barakah) associated with resolving matters through consultation. Shura is a Sunnah of Muhammad-ur-Rasulullah (Sallallaahu 'Alaihi Wasallam) and his Khulafa-e-Rashideen (Radiyallahu anhum). It is a noble practice that the entire Ummah must adopt in all its affairs. However, we must avoid confusing Shura (as taught by Islam) with the modern concept of "committees" or "meetings." It is not necessary for a Shura to consist of fixed members. The individuals who sit in a Majlis-e-Shura are advisors who offer their opinions based on their knowledge, understanding, and experience. They do not possess executive authority. Their opinions cannot be imposed upon the Amir of the Shura. Their role is simply to provide advice to the Amir. The final decision rests solely with the Amir.

In Islam, the opinion of the majority does not necessarily obligate the Amir to accept it. The Amir has the right to reject it. The concept of a majority ruling does not exist in Islam. In light of the Qur'an, the practices of the Prophet (Sallallaahu 'Alaihi Wasallam), and those of the Sahabah-e-Kiraam (Radiyallahu anhum), we see no indication that the Amir must submit to the decision of the majority. The majority opinion is never a determining factor in the decision-making process. In fact, the practice of the Prophet (Sallallaahu 'Alaihi Wasallam) and his Sahabah (Radiyallahu anhum) illustrates that when there is a difference of opinion on a matter, it is the discretion of the Amir to make the final decision that he deems best, based on his insight, regardless of whether it aligns with the majority or the minority opinion.

It is true, however, that for his own satisfaction and confidence, the Amir may consider the majority opinion as one of the factors when evaluating all the available options. In fact, the Amir has the authority to accept the advice of the majority, the minority, or even just a single individual. He may reject the advice of all the members of the Shura and choose to adopt the counsel of someone who is not even a member of the Shura. The Shariah allows the Amir to disregard the opinions of all others and act independently. This right of the Amir is highlighted in the verse:

"... when you have made a decision..." (singular "you," referring to the Amir) and not "you" (plural).

This demonstrates that the authority to make the final decision rests solely with the Amir, and this decision is what is valid.

THE ROLE OF THE AMIR

An Amir must be a man of sound mind, of full age (baligh), and of good conduct.

A woman cannot be the Amir of a Shura because the Prophet (Sallallaahu 'Alaihi Wasallam) said:
"A people who appoint a woman as their leader will never prosper."

In Islam, an Amir guides; he does not follow. He is not obliged to seek advice or consult specific individuals. He is completely free to approach any person he considers worthy of being consulted, and he has the right, as an Amir, to call upon anyone from the community from whom he wishes to receive advice or an opinion.

The practice of Hadhrat Umar (Radiyallahu anhu) testifies to this point. When a difficult case was brought to him, he would call upon Hadhrat Abdullah bin Abbaas (Radiyallahu anhuma). After listening to the advice of the elder Sahaabah (Radiyallahu anhum) from among the Muhaajireen and Ansaar who were present, he would also listen to the opinion of Hadhrat Ibn Abbaas (Radiyallahu anhuma). Most of the time, Hadhrat Umar (Radiyallahu anhu) considered the opinion put forward by Hadhrat Ibn Abbaas (Radiyallahu anhuma) to be sounder than the others, and he would accept it.

There were Sahaabah (Radiyallahu anhum) who were older and more intelligent than Hadhrat Abdullah bin Abbaas (Radiyallahu anhuma); however, this did not prevent Hadhrat Umar (Radiyallahu anhu) from accepting his opinion. No Sahaabi (Radiyallahu anhu) objected to the approach of Hadhrat Umar (Radiyallahu anhu).

Similarly, the Prophet (Sallallaahu 'Alaihi Wasallam) used to give priority to the opinions of Hadhrat Abu Bakr Siddiq (Radiyallahu anhu) and Hadhrat Umar (Radiyallahu anhu) over those of the other Sahaabah (Radiyallahu anhum), to such an extent that when verse 159 of Surah 3 was revealed, they believed that “…Consult them in all matters…” referred specifically to Hadhrat Abu Bakr (Radiyallahu anhu) and Hadhrat Umar (Radiyallahu anhu).

Indeed, according to Ibn Katheer, Hadhrat Abdullah Ibn Abbaas (Radiyallahu anhuma), commenting on this verse, stated that it refers to Hadhrat Abu Bakr (Radiyallahu anhu) and Hadhrat Umar (Radiyallahu anhu), and that they were the two special advisors of the Prophet (Sallallaahu 'Alaihi Wasallam).

TAWAKKUL - SHURA

"When you have taken a firm decision, then place your trust in Allah..." (3:159)

Tawakkul (trust in Allah) is an essential aspect of Shura. We must understand that we have no chance of success without the help and mercy of Allah Ta'ala. If a person is confident that they will accomplish something by their own strength, Allah Ta'ala leaves them to their own efforts (i.e., Allah Ta'ala does not assist them). However, if a person acknowledges their shortcomings and places their trust in Allah Ta'ala, then Allah Subhaanahu wa Ta'ala will help them. Similarly, when a decision has been made within the Shura, we must supplicate to Allah Rabb-ul-Aalameen and place our complete trust in Him. It is only Allah Ta'ala who will guide us and help us implement the decisions taken in the Shura. It is not the decisions or efforts themselves that bring about positive results, but the results are ultimately under the control of Allah Ta'ala. However, adopting legal means does not contradict Tawakkul. What goes against Tawakkul is believing that the means alone will bring about the desired results. May Allah Ta'ala grant us the Taufiq to engage in Mashwara in our affairs of both Dunya and Deen and to have full Tawakkul in Him. Aameen.

[English version of "Ash-Shura‎ - la consultation" – Al Haadi – Vol. 2 No. 7]