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The difference between Shooraa in Islaam and the concept of Democracy

The world today is bombarded with the concept that a successful ruling system is one, which is founded on the paradigm of democracy. Democracy in brief is described as ‘the government of the people, by the people, of the people’ i.e. the people as a whole are a source of authority and legislation. In Islaam sovereignty is for Allaah (swt) where people’s lives are governed by Sharee’ah. Allaah (swt) says, “So judge between them by that which Allaah has revealed, and follow not their desires, but beware of them least they seduce thee from just some part of that which Allaah has revealed unto thee.” [EMQ 5: 49]

And “No guardian have they apart from Him, since He allots to no one a share in His rule.” [EMQ 18: 26]

Unfortunately Muslims today have sought to equate the Islaamic principle of Shooraa i.e. consultation, with democracy. Shooraa means engaging in mutual consultation or discussion regarding a particular matter. Allaah (swt) indicates in the Qur’aan: “And those who answer the call of their Lord and establish prayer, and who conduct their affairs by mutual consultation, and who spend of what We have bestowed upon them.” [EMQ Ash-Shooraa: 38]

And: “So pass over (their faults), and ask for (God’s) forgiveness and consult them in affairs (of the moment) then, when you have taken a decision, put your trust in God.” [EMQ 3: 159]

At-Tabari in his Tafseer (explanation) of this verse says that, “Allaah ordered his Prophet (saw) to consult his companions in certain matters so that the community knows about it, and follows this principle by consulting among themselves when they are faced with calamities.” The importance of Shooraa can be illustrated through the life of the prophet (saw). He consulted with his companions on the eve of the battle of Badr, on the day of Badr, on the day of Uhud, and on the day of Khandaq. Hence it is clear that Muslims have been commanded to undertake consultation i.e. Shooraa, and Allaah has praised the Muslims for deciding their affairs by way of consultation.

In what matters should consultation apply?

Shooraa can include every matter, with no difference between legislative matters or worldly affairs like war, politics, and the general interest of the people. This is because the two verses that have been revealed on the subject of Shooraa are general in scope i.e. in the language of jurisprudence, the Arabic term “‘Aam” may be defined as a word which applies to many things, not limited in number, and includes everything to which it is applicable.

The community are the source of power

The Muslims are responsible for the implementation and upholding of the Islaamic laws, for Allaah (swt) says: “O you who believe stand out firmly for justice.” [EMQ 4: 135]

And, “O you who believe fulfil (all) your obligations.” [EMQ 5: 1]

And, “The believers, men and women, are protectors of one and another, they enjoin what is just, and forbid what is evil.” [EMQ 9: 71]

To discharge this responsibility, the Muslims, who possess the power or authority, select a leader to manage the affairs of the nation in accordance with Islaamic law. The Khaleefah is only empowered to rule by the Muslims after they have given him the bay’ah, i.e. a pledge of allegiance, through an offer and acceptance.

The Sharee’ah is sovereign

Whilst the Muslims are a source of authority, sovereignty belongs to the Sharee’ah. So in the case of shooraa although the Muslims have a right to be consulted in everything, their opinion will not necessarily be transferred into law. This is unlike in a democracy where in theory the people are sovereign and their will is transferred into law. In Islaam the Divine Law is sovereign and consultation cannot overrule it. For example no matter how many people hold the opinion that obligatory prayers should be reduced from five times a day to two times a day, the law will not be changed i.e. Shooraa carries no weight when in opposition to revelation i.e. Qur’aan and Sunnah.

Shooraa can only legislate in permissible matters (al-Mubaah)

Al-Mubaah (the permissible) is defined in the Sharee’ah as: ‘The Address of the Legislator (Allaah) related to the actions of individuals, whereby they are given the option to do or not to do something’. This is an area in which shooraa can be sought and the opinion of the majority in matters of mubaah can be turned into legislation. For example, choosing a place where a school or hospital should be built in a community. But shooraa cannot change the obligatory into a permissible act e.g. Shooraa cannot make the payment of Zakaah an optional act, likewise shooraa cannot make the forbidden permissible such as making alcohol permissible.

The different forms of consultation

1.  Consultation with the community

In issues which directly involve the community, the Prophet Muhammad (saw) consulted with the majority of people in al-Madeenah in the question of leaving al-Madeenah to fight the enemies at Uhud. This consultation can be with the masses or the representatives of the community. The prophet (saw) consulted with Sa’d bin Mu’aadh and Sa’d bin ‘Ubaadah, the chiefs of Ansaar in connection with the compromise with the tribe of Ghatfan.

2.  Consultation with the scholars and specialists in their field

Al-Qurtubee in his Tafseer of the Qur’aan comments that, “It is the duty of the rulers to consult the scholars on matters not known to them and in religious matters not clear to them, to consult the leaders of the army in matters related to war, and leaders of the people in matters related to administration. The teachers, ministers and governors in matters related to the welfare of the country and its development.” During the preparation for the battle of Badr, the Prophet (saw) consulted with the military expert Habbaab al-Mundhir.

The Decision of the Khaleefah

The Messenger of Allaah (saw) consulted his companions on several issues by practicing Shooraa effectively. However, consultation and decision making are two different matters, this is due to two reasons: Firstly, the type of opinion in which Shooraa is exercised, and secondly, the centrality of leadership in Islaam.

The first reason based on the fact that the types of opinions are divided into four categories and no more, and these are the areas on which Shooraa is applied. The types of opinions are as follows:

1.  Opinion on legislative matters

2.  Opinion on intellectual matters

3.  Opinion on arts matters

4.  Opinion that offers guidelines to an action to be taken

As far as the opinion on legislative matters, it is known by necessity that legislation can only be according to the revelation in the Qur’aan and Sunnah, for the supremacy in the Islaamic life is to the Sharee’ah and not to the people for Allaah (swt) has indicated: “The rule is for none but Allaah.” [EMQ 6: 57]

If the supremacy were for the people, the opinion of the majority would be valid and binding on the head of state; this would lead to the halaal becoming haraam and vice versa. Therefore, the Shooraa in legislative matters is restricted to outweighing and favouring one opinion according to the strength of the evidence in the case of plurality of opinions and understandings. Despite the fact that the strength of evidence is what makes an opinion outweigh the others, the head of state is the sole body with the mandatory power to make the opinion binding and law on all Muslims. Evidence for this is extracted from what took place during the peace treaty of Hudaybiyah when the Muslims objected to what Allaah’s Messenger (saw) signed with Quraysh, he (saw) followed the revelation and ignored the Muslim’s opinion and objection. Therefore, if Shooraa had any value in this instance, Allaah’s Messenger (saw) would not have opposed all his companions. Outweighing an opinion over another on the evidence is down to the one seeking an opinion about text already revealed and not down to the whims and desires of people which would be the case in democracy.

Conflict between the Majlis ash-Shooraa and the Ruler

If the Majlis ash-Shooraa disagrees with the ruler over an action from the viewpoint of Sharee’ah, the matter is to be decided by the court for the unjust acts. This consists of a small band of jurists, who are qualified with the ability to make Ijtihaad (juristic exertion), thus able to determine whether the ruler has acted in accordance with the divine law. This accords with the command of Allaah, “O you who believe, obey Allaah, and obey the Messenger and those charged with authority among you. If you differ in anything among yourselves refer it to Allaah and His messenger if you do believe in Allaah and the Last day. That is best, and most suitable for final determination.” [EMQ 4: 59]

Membership of the Majlis ash-Shooraa

Every Muslim of the Islaamic state has the right to become a member of the Majlis ash-Shooraa, provided that is, that he or she is mature and sane. Non-muslims can be members of the Majlis ar-Ri’ayyah but their presence is confined to representing their community in respect of their grievances against the ruler and issues which affect them specifically.

From thesavedsect.com