Chapter One: The Political System in Islam

Part Six: Political, Economic, & Social Systems in Islam & the Role of the Family Unit
Chapter One: The Political System in Islam.
Chapter Two: The Economic System in Islam.
Chapter Three: The Social System in Islam.
Chapter Four: The Role of the Family Unit in Islam.
        
 Chapter One: The Political System in Islam
Section One: The Meaning of the Political System in Islam
Section Two:  The Distinguishing Features of the Islamic Political System
Section Three: Islamic Legislation versus Man–Made Law
Section Four: The Judicial System in Islam
Section Five: The Consultative Council in Islam

Section One: The Definition of the Islamic Political System
Defining this term requires that we first define its individual components –namely the words ‘politics’ and ‘system’– before defining it altogether as a compound term.

Firstly: The linguistic meaning of the word ‘system’:
The Arabic word for ‘system’ is a verbal noun from the trilateral root ‘na–tha–ma yan–thi–mu (to organize)’ – the gerund for which is: ‘nathmann (organization)’, with the verbal noun being: ‘ni–tha–mann (system)’.

The word ‘nathm (organization)’ is used to denote collection and assembly. It is said: ‘I organized the pearls (on the necklace).’ i.e. I assembled them on the chain.

Everything that is coupled with something else or joined together has been organized systematically.

A system is something wherein other things are organized, such as a thread for example.

The system of something is its backbone. In Arabic the word ‘nitham (system)’ has three plural forms; ‘anthimah’, ‘anatheem’, and ‘nuthm’ (or ‘systems’ in English).

The derivative ‘intithaam (regulation)’ signifies consistency. (695)

The word ‘system’ is used to refer to the rulings and regulations that organize and order the components of a particular matter, just like individual pearls are ordered on a necklace.(696)

Secondly: The linguistic meaning of the word ‘political’:
The word ‘political’ is a derivative of the word ‘politics’ which –in the Arabic language– is derived from the trilateral root verb: ‘saa–sa, ya–soo–su (to govern)’.

The Arabic terms ‘siyasah (politics)’ and ‘saus (government)’ carry the meanings of:
leadership, disposition, and temperament.

The word ‘siyasah (politics)’ also means:
To manage something in a way that improves it.

It is said:
‘sawasahum, susann (he governed them)’. If someone is nominated, we say: ‘sawwasahu or asasoohu (they appointed him)’.

Regarding a particular affair, we say:
‘saasa’ (he managed such–and–such)’, meaning: he handled it. When referring to a group of people, it is said: ‘sawwasa (appointed)’ which means: they nominated him to be in charge of them. We can also use the same verb root to say: ‘so–and–so ruled over such–and–such a tribe’ – meaning: he was encharged with governing over them. (697)

There occurs a narration in al–Bukhari on the authority of Abu Hurayrah –may Allah be pleased with him– that he said:
Allah’s Messenger:–peace be upon him– said: “The Sons of Israel were ruled over by prophets. When one prophet died, another succeeded him; but there will be no prophet after me.”(698)

Ibn al–Athir writes in explanation of the phrase:
‘they were ruled over by prophets’ “i.e. they administered their affairs just as rulers and leaders administer the affairs of their subjects.”(699)

Thirdly: The meaning of a ‘political system’:
As a compound term, ‘political system’ can have several meanings depending upon context.

Thus, it can refer to:
1. Everything related to the government and policies of a state in general.
2. The leadership of a state in particular; since government comprises of various systems such as: political, administrative, financial, and judicial.
3. The various rules, laws, and legislations that are necessary to maintain a regime.(700)

Fourthly: the meaning of ‘The Political System in Islam’:
Islam gives great attention to the political system. What is meant by this is: the organization of the affairs of a nation and having their best interests at heart – not deception, deceit, trickery or exploitation. Politics in Islam means being in administration over a nation and directing it in the best way according to Islamic legislation. This is what is referred to by the term ‘Islamic politics’ which –in reality– is both a concept and a practice. It comprises of two aspects; politics, which means: to manage something in a way that improves it, and: Islamic legislation – which is a practical implementation of the religious rulings mentioned in textual evidences for those matters which there is proof regarding, and considering public interest in matters that there is no specific textual proof regarding.

Thus, it is possible to define ‘Islamic politics’ as being:
management of the general affairs of an Islamic state in light of public interest, within the limits defined by Islamic legislation and its universal principles.

Government in Islam is part of Islamic politics, and it consists having knowledge of:
the type of regime to be adopted and its policies; the process of choosing a leader as well as his rights and the duties upon him; the rights of the subjects and the duties upon them; the relationship between a leader and his subjects; and international relations with other allied, non–allied, and enemy nations in times of peace or war – in light of Islamic legislation.(701)

-------------------------------------------------------

(695) See: ‘Lisan al–Arab’ (12/578–9).

(696) See: ‘an–Nitham as–Siyasi fil Islam – an–Nathariyyah as–Siyasiyyah Nitham al–Hukm’ of Dr. Abdul–Aziz al–Khayyat (pp. 21).

(697) See: ‘Lisan al–Arab’ (6/108).

(698) Reported by al–Bukhari (no. 3455).

(699) See: ‘an–Nihayah fi Gharib al–Hadith’ (2/421).

(700) See: ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (p. 21).

(701) See: ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (p. 22); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (p. 10).

Section Two: The Distinguishing Features of the Islamic Political System
Islam is the religion of a person’s innate nature, just as it is a religion of peace and security. It has many distinguishing features which set it aside from other than it.

What is true of Islam as a whole is also true of its components, and thus, the Islamic political system has many qualities which highlight its importance while distinguishing it from other political systems.

Some of the most important of these aspects are:
1. Divinity:
The Islamic political system is divine in terms of its origin and purpose.

Divine origin means it comes from Allah (the One true God) Who knows whatever is best for His servants:
(أَلَا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ)
Sura al–Mulk; (67):14
(Meaning: Does He Who created not know? And He is the Subtle, the All–Aware.)

This aspect means that the Islamic political system is free from contradiction, partiality, and injustice and cannot be accused of being biased in serving the interests of a particular party or land to the detriment of others.

Furthermore, this aspect of the Islamic political system frees humans from being enslaved to their peers –something which is rife in man–made political systems wherein the elite do as they please while forbidding their followers from the very same things.

When we describe the Islamic political system as having a ‘divine purpose’ we mean: that a person intends by way of their action the countenance of Allah –the Exalted– just as He –the Mighty and Majestic– says:
(قُلْ إِنَّ صَلَاتِي وَنُسُكِي وَمَحْيَايَ وَمَمَاتِي لِلَّهِ رَبِّ الْعَٰلَمِينَ)
Sura al–An’am; (6):162
(Meaning: Say: “Indeed, my prayer, my sacrifice, my living, and my dying are for Allah, the Lord of the worlds.)

The believing person dedicates everything he does to Allah –the Exalted– including the political system he follows.

Complying with the Islamic political system is an act of worship, because a Muslim politician who sincerely follows Allah’s legislation will be rewarded by Allah for that. The Prophet –peace be upon him– said: “Seven people will be shaded by Allah under His shade on the day when there will be no shade except His.” Amongst them, he mentions: “a just ruler.”(702)

In contrast, whoever adopts a political system which rules by other than what Allah has revealed is in danger of His punishment. The Prophet –peace be upon him– said: “Any servant whom Allah has given the authority of rulership over a people, but he does not serve them sincerely, will never even smell the fragrance of Paradise.” (703)

2. Comprehensiveness:
Allah –the Mighty and Majestic– said:
(مَّا فَرَّطْنَا فِي الْكِتَٰبِ مِن شَيْءٖۚ)
Sura al–An’am; (6):38
(Meaning: We have neglected nothing in the Book.)

Thus, the Islamic political system is not confined only to that which concerns a leader or his subjects; rather it is a complete system encompassing everything to do with the rights and duties of a leader and his subjects, as well as international relations with other Muslim and non–Muslim nations.

Islamic legislation and its foundations offer a solution to every problem as they provide rulings and regulations for every matter, including contemporary affairs.

The following saying of Allah –the Exalted– indicates this comprehensiveness:
(وَنَزَّلْنَا عَلَيْكَ الْكِتَٰبَ تِبْيَٰنًا لِّكُلِّ شَيْءٖ وَهُدًى وَرَحْمَةً وَبُشْرَىٰ لِلْمُسْلِمِينَ)
Sura an–Nahl; (16):89
(Meaning: And We have sent down to you the Book as an exposition of everything, a guidance, a mercy, and glad tidings for those who have submitted themselves to Allah as Muslims.)

Ibn al–Jawzi –may Allah have mercy upon him– said in exegesis of the foregoing verse:
“All religious matters are either mentioned explicitly within it (i.e. the Quran), or by referring us to another indisputable source of religious knowledge, such as the teachings of Allah’s Messenger or the consensus of the Muslim community.”(704)

3. Universality:
The Islamic political system is universal as it was revealed to all people and applies to them all equally. It is befitting for any time period, any place, any people, and any situation. Its legislation contains the most perfect government system and the most just of judicial systems for settling disputes between people.

It is universal in two ways:
temporally – which means it is suitable for all time periods until the Day of Resurrection, and spatially – which means it is suitable for all places and for all people, regardless of their race, language, or circumstances.

The religious texts are filled with evidence proving this.

Take –for example– the saying of Allah:
 (قُلْ يَٰٓأَيُّهَا النَّاسُ إِنِّي رَسُولُ اللَّهِ إِلَيْكُمْ جَمِيعًا)
Sura al–A’raf; (7):158
(Meaning: Say O Muhammad: “O mankind! Verily, I am the Messenger of Allah to you all.)

Likewise, we have the statement of the Prophet  regarding the features Allah made unique to him:
“Every Prophet used to be sent specifically to his nation, but I have been sent to all mankind.” (705)

This is not surprising since Islam is the last religion – no religion shall come after it. It must – therefore – be suitable for all times, places, people, and for all circumstances: war, peace, strength, weakness, prosperity, poverty, and so on.

4. Moderation:
Islam is moderate in its creed and its legislation which are neither excessive nor defective.

The Islamic systems –such as its political system– are also moderate; being neither as excessive as a dictatorship, nor as lax as a democracy.

Allah describes this nation as moderate in His saying:
 (وَكَذَٰلِكَ جَعَلْنَٰكُمْ أُمَّةً وَسَطًا لِّتَكُونُواْ شُهَدَآءَ عَلَى النَّاسِ وَيَكُونَ الرَّسُولُ عَلَيْكُمْ شَهِيدًا)
Sura; (2):143
(Meaning: And thus, we have made you a community of the middle way that you will be witnesses over the people and the Messenger will be a witness over you.)

‘The middle way’ means:
the best; balanced and just; excellent.

The clearest manifestation of the suitability between the Islamic political system and human needs is the fact it is well–balanced and moderate. It is uncompromising regarding the affairs which must remain unchanged, but flexible regarding the affairs which it is possible to alter and develop further.

5. Pragmatism and compatibility with one’s innate nature:
This is another of the distinguishing features of the Islamic political system. It is implementable and applicable in everyday human life as it is in line with reality. It is not an abstract concept that exists only in theory; rather it is a system that takes into account human nature and does not treat people as mere soulless beings.

The practicality of the Islamic political system surpasses that of other political systems, such as those of Plato, Aristotle, Plotinus and other philosophers – all of whom did not regard reality or human nature in the systems they proposed which were based on pure theory without any consideration for reality or life’s problems.

From the greatest displays of pragmatism in the Islamic political system is the way it deals with the reality of life and that which it contains from good and evil, in addition to the fact it recognises humans as physical and spiritual beings.

Allah –the Almighty– says:
 (لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَاۚ لَهَا مَا كَسَبَتْ وَعَلَيْهَا مَا اكْتَسَبَتْ رَبَّنَا لَا تُؤَاخِذْنَآ إِن نَّسِينَآ أَوْ أَخْطَأْنَاۚ رَبَّنَا وَلَا تَحْمِلْ عَلَيْنَآ إِصْرًا كَمَا حَمَلْتَهُۥ عَلَى الَّذِينَ مِن قَبْلِنَاۚ رَبَّنَا وَلَا تُحَمِّلْنَا مَا لَا طَاقَةَ لَنَا بِهِۦۖ وَاعْفُ عَنَّا وَاغْفِرْ لَنَا وَارْحَمْنَآۚ أَنتَ مَوْلَىٰنَا فَانصُرْنَا عَلَى الْقَوْمِ الْكَٰفِرِينَ)
Sura al–Baqarah; (2):286
(Meaning: Allah burdens not a person beyond his scope. He gets reward for that good which he has earned, and he is punished for that evil which he has earned. “Our Lord! Punish us not if we forget or fall into error, our Lord! Lay not on us a burden like that which You did lay on those before us; our Lord! Put not on us a burden greater than we have strength to bear. Pardon us and grant us Forgiveness. Have mercy on us. You are our protector, so give us victory over the disbelieving people.)

He –the Exalte– also says:
(زُيِّنَ لِلنَّاسِ حُبُّ الشَّهَوَٰتِ مِنَ النِّسَآءِ وَالْبَنِينَ وَالْقَنَٰطِيرِ الْمُقَنطَرَةِ مِنَ الذَّهَبِ وَالْفِضَّةِ وَالْخَيْلِ الْمُسَوَّمَةِ وَالْأَنْعَٰمِ وَالْحَرْثِ ذَٰلِكَ مَتَٰعُ الْحَيَوٰةِ الدُّنْيَاۖ وَاللَّهُ عِندَهُۥ حُسْنُ الْمَ‍َٔابِ ١٤ قُلْ أَؤُنَبِّئُكُم بِخَيْرٖ مِّن ذَٰلِكُمْۖ لِلَّذِينَ اتَّقَوْاْ عِندَ رَبِّهِمْ جَنَّٰتٞ تَجْرِي مِن تَحْتِهَا الْأَنْهَٰرُ خَٰلِدِينَ فِيهَا وَأَزْوَٰجٞ مُّطَهَّرَةٞ وَرِضْوَٰنٞ مِّنَ اللَّهِ وَاللَّهُ بَصِيرُۢ بِالْعِبَادِ)
(Meaning: Beautified for people is the love of that which they desire – of women and sons, heaped–up sums of gold and silver, fine branded horses, and cattle and tilled land. That is the enjoyment of worldly life, but Allah has with Him the best return. Say: “Shall I inform you of better than that? For those who fear Allah will be gardens in the presence of their Lord beneath which rivers flow, wherein they abide eternally, and purified spouses and approval from Allah. And Allah is all–Seeing of His servants.)

These are some of the Quranic verses that describe the weakness of human nature and define the Islamic methodology of life. The likes of these evidences indicate the practicality of Islam and its concurrence with human nature, as well as its consideration of human limits and ability. Islam does not suppress human potential or desist from action – nor does it burden a soul more than it can bear.(706)

----------------------------------------------

(702) Reported by al–Bukhari (no. 660).

(703) Reported by al–Bukhari (no. 7150).

(704) See: ‘Zad al–Masir’ (4/482).

(705) Reported by al–Bukhari (no. 323); & Muslim (no. 810).

(706) For further detail see: ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (pp. 18–24); & ‘an–Nitham as–Siyasi fil–Islam: an–Nathratu as–Siyasiyyah Nitham al–Hukm’ of Dr. Abdul–Aziz al–Khayyat (pp. 83–111).

Section Three: Islamic Legislation versus Man–Made Law
In the previous section, the distinguishing traits of the Islamic legislation and its political system were discussed.

Sufficient is the fact that the Islamic legislation was revealed by the Lord of mankind, the One Who created them and knows best what is beneficial for them. This virtue alone makes it superior to all man–made systems, which are affected by desires, heedlessness, ignorance, imperfection, and the like.

When demonstrating the superiority of Islamic legislation in comparison with other than it one does not need to discuss such a topic at length, nor provide plentiful evidence, as this is something obvious to every sane, impartial person.

Discussion of all of the merits and distinguishing features of the Islamic legislation would be lengthy, however for the sake of brevity we shall mention a few points summarising the comparison between both Islamic and man–made political systems:
1. In Islam, the relationship between a ruler and his subjects is direct. There is no intermediary between the two parties, nor are there any social or bureaucratic obstacles between them.

2. The political relationship stems from religion and is determined by it; meaning that the Book of Allah and the teachings of His Messenger define the political relationship between a governor and his subjects.

3. The responsibility is shared; meaning that the responsibility of calling to Allah and spreading Islam via permissible means in accordance with one’s ability is shared between the Islamic state and its Muslim subjects.

4. The political relationship in Islam is not restricted to a particular group or social class. The difference between a ruler and his subjects is only functional.

5. The political relationship in Islam is a simple one and does not claim to promote absolute equality as the ancient Greek model does, nor is it characterised by bureaucracy as the Roman and Catholic models are, nor does it advocate assimilation as in the nationalist model.(707)

---------------------------------------------

(707) See: ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (pp. 27–8).

Section Four: The Judicial System in Islam
Firstly: the definition of Judiciary:
(a) The linguistic definition of ‘judiciary’:
Linguistically, the Arabic term for ‘judiciary’ is a verbal noun from the trilateral verb ‘qa–da, yaq–di (to judge)’.

Ibn Faris said regarding the root word ‘qa–da (to judge):
“The (Arabic) letters ‘qaf’, ‘dhad’ and the weak letter form a regular root that connotes the meanings of completion, perfection, and execution of an affair.”(708)

The Arabic for ‘judiciary’ designates judgement; production; ruling; and clarification.

In origin it means severance; separation; to determine; to adjudicate; to enforce; to complete something.(709)

(b) The technical definition of ‘judiciary’:
Clarifying the religious ruling regarding an affair, enforcing it, and adjudication between two disputing parties.(710)

Secondly: The Scope of the Judicial System and its Importance in Islam:
The judicial system has great importance in Islam as it is an essential part of rulership and from the most important foundations of a state. It is, therefore, in the interest of a nation to have a competent and efficient judicial system.

Without a judicial system, society would sink into anarchy and disorder, and people would lose their rights.

It is for this reason that Islam pays great attention to its judicial system and counts it as being from the greatest of responsibilities. Due to this, whomever is encharged with judicial duties must fulfil certain criteria so that the objectives of the judicial system are achieved.

The Companions of the Messenger –may Allah be pleased with them– unanimously agreed upon the establishment of a judicial system in society, and they did so in the lifetime of the Messenger  and after his passing.

During the early part of Islam, the caliphs themselves undertook the judiciary.

Ibn Khaldun –may Allah have mercy upon him– wrote regarding this:
“In the early days of Islam, the caliphs themselves dealt with judiciary and did not delegate such powers to anyone else.

The first person to delegate this role to someone else and assign them in place of himself was Umar bin al–Khattab – may Allah be pleased with him.

The reason they would delegate this power to other than them –even though it was from their duties– was because they were busied with other political and administrative affairs which had increased in complexity.”(711)

Judiciary is from the greatest of responsibilities as is highlighted by various narrations which both encourage and discourage from it. The Messenger  encouraged with it due to the great benefit that results from it and because of the importance of establishing justice.

He discouraged those who are unable to bear such a burden or do not possess the capacity to take on such a responsibility

The Prophet –peace be upon him– said:
“Judges are of three types; two of whom will be in Hell and one of whom will be in Paradise. A judge who knowingly judges by other than the truth will be in Hell; and a judge who judges upon ignorance such that the rights of the people are lost will (also) be in Hell. The one who will be in Paradise is a man who knows the truth and judges according to it.”(712)

He  also said:
“Indeed Allah is with the judge as long as he is not unjust. If he becomes unjust, He leaves him and imposes Satan on him.”(713)

Many scholars have praised and commended the role of a judge, such as as–Sarkhasi –may Allah have mercy upon him– who wrote:
“Judging in accordance with the truth results in the establishment of justice. It is by way of justice that the Heavens and the Earth were established, and by way of it oppression is abolished. The intellect of every sane person calls for justice, helping the oppressed, restoring people’s rights to them, commanding with good and forbidding from evil.

It is for this reason the prophets and the messengers –peace be upon them– were sent, and it is for this cause that the rightly–guided caliphs strove.”(714)

This is also why many of the scholars themselves were judges, establishing justice and flying its banner. Others, however, refrained from partaking in the judicial system, due to the great responsibility that such a role entailed.(715)

Thirdly: The Aims of the Judicial System in Islam:
The preceding paragraphs clarify some of the aims of the Islamic judicial system; but for further clarification we shall outline the main objectives in point form:
1. To end disputes either by reconciling between the two parties, or by a court decree.

2. To take the rights from those whom they are due and to restore them to those deserving of them.

3. To assess the wealth of orphans, the insane, and the spendthrift, and imposing interdiction upon those who are incapable of managing their own wealth due to reasons such as irresponsibility and the like.

4. To fight against corruption and to repress those who initiate it by sentencing them to the legislated punishments in order to dissuade them from causing mischief.

5. To establish justice; to aid the oppressed; and to bring about order.

6. To execute bequests in accordance with the wishes of the deceased and in conformance with Islamic legislation.

7. To manage, preserve and tend to endowments and spend their profits upon deserving beneficiaries.

8. To implement the Islamic laws related to marriage and divorce; guardianship over women who do not have guardians, and other civil affairs.

9. To assess blood related crimes such as murder and injury and sentence accordingly, for example retribution.

10. To ensure the suitability of witnesses, and to request replacements if they are proven to be incredible.

These are the aims of the Islamic judicial system in short.(716)

Fourthly: The Requirements of Becoming a Judge:
Judiciary –as has been mentioned– is a precarious occupation, which is why the scholars have outlined certain conditions that a judge must meet prior to his appointment. These conditions are extrapolated from the Quran and from Prophetic traditions.

Some of the basic conditions include:
Islam; adulthood; intellect; freedom; being just; chastity; integrity; having knowledge of those Islamic rulings derived from the Quran and Prophetic teachings; having knowledge of the concepts of consensus and analogical reasoning; having unimpaired senses – hearing, speech, and sight – so that he may grasp and understand matters.

These conditions are to be considered as much as possible, and the most suitable candidates are to be given precedence over other than them in being appointed the role of judge.

These conditions are based upon two pillars that a judge must possess: firmness and integrity, for which the proof is the saying of Allah:
(يَٰيَحْيَىٰ خُذِ الْكِتَٰبَ بِقُوَّةٖۖ)
Sura Maryam; (19):12
(Meaning: “O John, hold on to the Book firmly.” And We gave him judgement while yet a child.)

And His saying:
(يَٰدَاوُۥدُ إِنَّا جَعَلْنَٰكَ خَلِيفَةً فِي الْأَرْضِ فَاحْكُم بَيْنَ النَّاسِ بِالْحَقِّ وَلَا تَتَّبِعِ الْهَوَىٰ فَيُضِلَّكَ عَن سَبِيلِ اللَّهِۚ)
Sura Saad; (38):26
(Meaning: O David! Indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow your own desire for it will mislead you from the way of Allah.)

As the judge must oversee the execution of judicial sentences, he must be firm, or the judicial rulings would not be implemented, and people’s rights would be lost.

Judiciary requires integrity more than any other occupation; because if a judge were not righteous and Godfearing then he would make lawful prohibited matters and wrongfully grant people’s rights to those undeserving of them while refusing them their rightful owners, based on personal desires or for materialistic benefit.(717)

Fifthly: The Rules a Judge Should Abide by:
The scholars have mentioned certain manners that a judge should adorn themselves with so that their rulings are complete, and so that the intended result is achieved without any negative outcomes.

These manners include:
1. A judge must strike a good balance between strictness and tolerance. He should be firm without being harsh, and lenient without being weak.

2. He should be forbearing, patient, withstanding, and calm.

3. He should be astute and vigilant – not heedless such that he is taken advantage of, or inattentive such that he is deceived.

4. He should be chaste, pious, abstinent, and not tempted by desires.

5. He should be truthful, not deceptive.

6. He should be wise, consult others and continually seek Allah’s guidance. He should not be misleading, unfair, or oppressive.

7. He should know the rules associated with judiciary and its procedures. He should also be acquainted with previous judicial rulings so that he may judge unprecedented cases in light of that.

8. A judge should be aware of the customs of the people he is in authority over. He should also be acquainted with the jurists, the righteous, and the trustworthy people residing in such a land, so that –in turn– he becomes familiar with the situation of that place. He may also seek their assistance in when reconciling between two parties.

9. When exercising his judicial powers, a judge should appear in public with neutral feelings. He should not be angry, unsettled, hungry, or troubled; neither should he let feelings of pleasure, anger, approval or disapproval affect him.

10. He should seek Allah’s aid, rely upon Him, ask of Him and invoke Him that He guides him to the truth and saves him from error and mistakes.

11. He should abstain from doubtful matters and places of suspicion, as well as anything that would cause his dignity or integrity to become questionable.

12. He should strike a good balance between being modest and having self–esteem.

13. He should take care of his appearance and his surroundings in accordance with his circumstances, without being excessive or superficial.

14. He should have a courtroom; be precise in recording case details and judicial decrees; and have tipstaff.

These are some of the rules that a judge should abide by, details of which we have omitted for the sake of brevity.

Sixthly: The Conditions of the People as it Relates to the Judiciary:
This point has already been mentioned in part under the discussion regarding the judicial system and its importance.

Nonetheless, it is possible for us to categorise the conditions of the people as it relates to the judiciary into three:
1. Amongst the people are those not allowed to become judges as they do not have the ability, or they do not meet the requirements.

2. Some people are allowed to become judges, but it is not obligatory upon them to do so. This is the case if a person is trustworthy and has reached the level of independent reasoning, however there are others who have reached the same level as him.

3. It is obligatory upon some people to become judges. This is the case if a person is eligible and there is nobody else who will replace him if he does not do so. It is binding upon such a person to do so in this scenario, as it is from the communal obligations which become an individual duty if there is no–one else suitable who will assume the responsibility.(718)

Seventhly: The Independence of the Judicial System in Islam:
The Islamic legislation emphasizes the independence of the justice system and judges.

What is meant by this is the immunity of the justice system and of judges, and their freedom in passing judgements and affirmation of the truth; the non–intervention of any third party in cases that have been closed; and the absence of external influences – whether they be political or personal.

The reason for this is because a judge acts as a refuge for those who are oppressed. He gives each person their rights fairly and he represses the people of falsehood. His aim is to give each person their due, to judge fairly in accordance with the truth without being influenced in any way.

Allah – the Mighty and Majestic says:
(وَلَا يَجْرِمَنَّكُمْ شَنَ‍َٔانُ قَوْمٍ عَلَىٰٓ أَلَّا تَعْدِلُواْۚ اعْدِلُواْ هُوَ أَقْرَبُ لِلتَّقْوَىٰۖ)
Sura al–Ma×idah; (5):8
(Meaning: Let not the enmity of a people prevent you from being just. Be just; that is nearer to piety.)

He –the Exalted– also says:
(وَأَنِ احْكُم بَيْنَهُم بِمَآ أَنزَلَ اللَّهُ)
Sura al–Ma×idah; (5):49
(Meaning: And judge between them by what Allah has revealed.)

He –the Mighty and Majestic– also says:
(وَلَا تَكُن لِّلْخَآئِنِينَ خَصِيمًا)
Sura an–Nisa×; (4):105
(Meaning: And do not be for the deceitful an advocate.)

Thus, a ruler is not allowed to interfere in the judicial matters of a judge unless the judge were to stray from the truth. If this is proven to be the case, the judge in question must be dismissed from office.

Islamic history –from its very beginning– is replete with examples illustrating the independence of the judicial system and the integrity of judges.(719)

-------------------------------------------------

(708) See: ‘Mu’jam Maqayis al–Lughah’ (5/99).

(709) See: ‘Ta×wil Mushkil al–Quran’ of Ibn Qutaybah (pp. 441–2); & ‘al–Mufradat li Gharib al–Quran’ of ar–Raghib al–Asfahani (p. 423); & ‘Lisan al–Arab’ (15/186); & ‘al–Qamus al–Muhit’ of al–Fayruz Abadi (p. 1708); & ‘Yaqutat as–Sirat fi Tafsir Gharib al–Quran’ of Ghulam Tha’lab (pp. 253, 306, 576).

(710) See: ‘Sharh Muntaha al–Iradat’ of al–Bahuti (6/462); & ‘Mazil ad–Daa× ‘an Usul al–Qada×’ of Shaykh Abdullah bin Mutlaq al–Fuhayid’ (p. 11).

(711) See: ‘Muqaddimat Ibn Khaldun’ (2/567).

(712) Reported by Abu Dawud (no. 3573); & at–Tirmidhi (no. 1322); and graded as ‘authentic’ by al–Albani in ‘Sahih Sunan Abi Dawud’ (no. 3051).

(713) Reported by at–Tirmidhi (no. 1330); and graded as ‘good’ by al–Albani in ‘Sahih al–Jami’ (no. 1827).

(714) See: ‘al–Mabsut’ of as–Sarkhasi (16/16).

(715) See: ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz Khayyat (pp. 248–9); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (pp. 107–8).

(716) See: ‘Mazil ad–Daa× ‘An Usul al–Qada×’ of Shaykh Abdullah bin Mutlaq al–Fuhayyid (pp. 23–6); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (p. 256); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (p. 111).

(717) See: ‘Mazil ad–Daa× ‘An Usul al–Qada×’ of Shaykh Abdullah bin Mutlaq al–Fuhayyid (pp. 29–30); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (pp. 251–6); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (pp. 109–11).

(718) See: ‘Mazil ad–Daa× ‘An Usul al–Qada×’ (pp. 33–46); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (pp. 252–3).

(719) See: ‘an–Nitham al–Asasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (p. 267).

Section Five: The Consultative Council in Islam
Firstly: The Meaning of the term ‘consultation’
1. The linguistic definition:
The Arabic word for ‘consultation’ comes from the trilateral root ‘shura’; which comprises the letters ‘sheen’, ‘waw’, and ‘ra’.

Ibn Faris –may Allah have mercy upon him– said:
“The (Arabic) letters ‘sheen’, ‘waw’, and ‘ra’ form a root that has two meanings; the first of which is: the manifestation and display of a thing, while the second is: taking something.”(720)

He elaborates further by saying:
“Some linguists say that the phrase ‘I consulted so–and–so regarding such–and–such a matter’ comes from the phrase ‘honey extraction’, because it is as if the one seeking consultation takes the opinion of someone else.” (721)

It is therefore possible to conclude that the meaning of the term ‘consultation’ revolves around the manifestation, revelation and extraction of a thing.

The reason that the term Arabic term for ‘consultation’ comes from the phrase ‘honey extraction’ is: the one who is consulted is comparable to a honeybee that forages from various kinds of nectar and pollen to produce honey.

The consultation and advice given is like honey which is from the best of foods. Thus, the one seeking consultation is similar to the one who takes honey from a hive and purifies it from wax and other impurities.(722)

2. The technical definition:
There are several technical definitions for the term ‘consultation’.

It can be defined as:
Obtention of the opinions of the people of sound reasoning and their consultation with one another in order to reach the truth regarding a particular issue.(723)

It may also be defined as:
The deliberation of experts regarding a matter in order to manifest the underlying religious purpose it serves and to comprehend it.(724)

From the foregoing definitions it can be deduced that consultation takes place between two parties –one that advises, and another that listens– regarding a particular issue, within the framework of a constructive exchange of opinions, and it ends with the selection of the most suitable view.

The purpose of such a discussion is, therefore, to ensure that the decisions are well–informed and are made jointly rather than individually.

The opinions of specialists who are both knowledgeable and experienced in their fields should be sought, particularly when public affairs are concerned. If the matter relates to a specific field, experts from that field should be consulted. For example, if the matter is medicine–related, then doctors should be consulted, and if the matter is military–related, soldiers and military personnel should be consulted. This procedure must be followed for all matters requiring consultation, as they are numerous and varied in nature and encompass all areas of human life, such as: governance, judiciary, administration, domestic and personal affairs.(725)

Secondly: Consultation in the Noble Quran
The word ‘consultation’ in reference to its wider meaning –that of relating to governance– appears in two verses of the Noble Quran:
The first verse is in Sura ash–Shura (Chapter of The Consultation), which was revealed before the emigration and the founding of the Islamic state in Madinah.

Allah –the Almighty– says:
 (وَالَّذِينَ اسْتَجَابُواْ لِرَبِّهِمْ وَأَقَامُواْ الصَّلَوٰةَ وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ وَمِمَّا رَزَقْنَٰهُمْ يُنفِقُونَ)
Sura ash–Shura; (42):38
(Meaning: And those who have responded to their lord and established prayer and whose affair is determined by consultation among themselves, and who spend of what We have provided them.)

Shaikh ‘Abdur–Rahman as–Sa’di –may Allah have mercy upon him– said in explanation of this noble verse:
“{And whose affair} i.e. religious and worldly {is determined by consultation among themselves} i.e. none of them makes an individual decision regarding a communal matter. This is something that results from their solidarity, harmony and the mutual love and affection between them. They meet, consult and research matters that require deliberation due to their sound intellects, and when the common good becomes apparent they are quick to choose it. This is how they proceed in matters such as warfare, combat, appointment of officials to the judiciary or to government, and the like.”(726)

In the foregoing verse, Allah –the Exalted and Most High– mentions consultation among the distinguishing characteristics of the believers, which means that consultation is something specific to the Muslims that they must adopt, regardless of whether they happen to be a group without their own official state, as was the case with the Muslims in Mecca, or they have their own official state, as was the case after the emigration to Medina.

Some scholars, after pondering the verse, concluded that consultation is an inherent characteristic of believers, just like prayer. Thus, in the same way it is impermissible for a Muslim to abandon the prayer, it is likewise impermissible for a Muslim to abandon consultation, particularly with regard to public affairs. The importance of consultation in Islam can be inferred from the fact Allah –the Mighty and Majestic– mentioned consultation immediately after mentioning the prayer and before mentioning almsgiving, both of which are pillars of Islam.(727)

The second verse occurs in Sura aali–‘Imran (Chapter of the Family of Imran), which was revealed after the emigration to Madinah.

Allah –the Almighty– says:
(فَبِمَا رَحْمَةٖ مِّنَ اللَّهِ لِنتَ لَهُمْ وَلَوْ كُنتَ فَظًّا غَلِيظَ الْقَلْبِ لَانفَضُّواْ مِنْ حَوْلِكَ فَاعْفُ عَنْهُمْ وَاسْتَغْفِرْ لَهُمْ وَشَاوِرْهُمْ فِي الْأَمْرِ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللَّهِۚ إِنَّ اللَّهَ يُحِبُّ الْمُتَوَكِّلِينَ)
Sura aali–‘Imran; (3):159
(Meaning: So, by mercy from Allah, O Muhammad, you were lenient with them. And if you had been severe and harsh–hearted, they would have disbanded from about you. So, pardon them and ask forgiveness for them and consult them in the matter. Then, when you have decided, put your trust in Allah. Indeed, Allah loves those who put their trust in Him.)

In this verse Allah –the Mighty and Majestic– commands His noble Messenger e to take counsel from the believers who were with him. If Allah commanded His Messenger e – the wisest and most knowledgeable human being, the one whom divine revelation was sent down upon, the one whom all of humankind, willingly or reluctantly, are obliged to obey – to seek counsel, then how about those besides him?!(728)

This divine command appears in a context of guidance for the Messenger e to unite the community of Muslims as head of the Islamic state. It is for this reason consultation is mentioned alongside mercy and leniency and dissociated from severity and harshness. Rather the Prophet e is instructed to pardon them and seek forgiveness for them. Therefore, a surface level analysis of this verse reveals the behaviours which result in a leader being loved and appreciated by the people.(729)

Anyone who contemplates the Quranic injunctions regarding consultation and the benefits that derive from it will realise its significance in the Islamic political system.

This significance can be summarised in the following points:
1. Consultation is mentioned as a praiseworthy characteristic of the believers between two great pillars of Islam, prayer and almsgiving, as has preceded under discussion of the first verse. The context it is mentioned in is indicative of its great importance.

2. When a decision is made following consultation, it is less likely to be erroneous and more likely to be correct. However astute, intelligent and experienced a leader may be, they remain fallible due to their human nature.

3. Consultation, in reality, is a shared responsibility. For this reason, the consequences of a decision taken following consultation do not fall upon any single person in isolation but are instead shared by everyone. This prevents inconsonance, argumentation and blame when the outcome is disappointing.

4. In a society where there is consultation under Islamic law, individuals feel a sense of responsibility towards the management of their religious or worldly affairs. Such a society will not experience a lack of social responsibility.

5. Consultation preserves society from unrest and instability and puts an end to disagreements and disputes, as it establishes a relationship of trust between leaders and their citizens. It acts as a safety barrier against disorder and unrest since it allows for matters to be deliberated by scholars, specialists and people of authority. The decisions reached can then either be acted upon or left, but in both cases the souls are at ease and dissentions cease, allowing for a relationship filled with harmony, fraternity, love, affinity and mercy between a leader and their subjects.

6. History testifies that the happiest time experienced by this nation was when the Islamic legislation was implemented and when consultation was prevalent. In contrast, the most miserable times experienced by this nation were those in which consultation was abolished and despotism was rife. This gave rise to conflict and unrest.(730)

Thirdly: Practical Examples of Consultation from the Quran
The two aforementioned verses are not the only instances consultation occurs in the Noble Quran. It is important to mention this as many writers discussing the topic of consultation in the Quran concentrate only on those two verses and the rulings and wisdoms which they contain. Needless to say, they are fundamental proofs on the topic.

However, there are many more verses, throughout various chapters of the Quran, which mention consultation.
1. Among these verses is that which occurs in the story of the beginning of the creation of humankind, wherein Allah –the Exalted and Most High– addresses His angels.

Allah says:
(وَإِذْ قَالَ رَبُّكَ لِلْمَلَٰٓئِكَةِ إِنِّي جَاعِلٞ فِي الْأَرْضِ خَلِيفَةًۖ قَالُوٓاْ أَتَجْعَلُ فِيهَا مَن يُفْسِدُ فِيهَا وَيَسْفِكُ الدِّمَآءَ وَنَحْنُ نُسَبِّحُ بِحَمْدِكَ وَنُقَدِّسُ لَكَۖ قَالَ إِنِّيٓ أَعْلَمُ مَا لَا تَعْلَمُونَ ٣٠ وَعَلَّمَ ءَادَمَ الْأَسْمَآءَ كُلَّهَا ثُمَّ عَرَضَهُمْ عَلَى الْمَلَٰٓئِكَةِ فَقَالَ أَنۢبِ‍ُٔونِي بِأَسْمَآءِ هَٰٓؤُلَآءِ إِن كُنتُمْ صَٰدِقِينَ)
Sura al–Baqarah; (2):30–1
(Meaning: And when your Lord said to the angels: “Indeed, I will make upon the earth a successive authority”. They said: “Will You place upon it one who causes corruption therein and sheds blood, while we declare Your praise and sanctify You?” Allah said: “Indeed, I know that which you do not know”. And He taught Adam the names – all of them. Then He showed them to the angels and said: “Inform Me of the names of these, if you are truthful.”)

This dialogue regarding the creation of mankind serves as a model for humankind to follow from their very beginning. The consultation of the angels was a way of honouring them whilst teaching them and drawing their attention to the secret intricacies of Allah’s wisdom.

Consultation was amongst the first social traditions that Allah established for His creation so that they may imitate it and take inspiration from its guidance.(731)

2. The consultation of Abraham –peace be upon him. Allah –the Almighty– said:
(فَلَمَّا بَلَغَ مَعَهُ السَّعْيَ قَالَ يَٰبُنَيَّ إِنِّيٓ أَرَىٰ فِي الْمَنَامِ أَنِّيٓ أَذْبَحُكَ فَانظُرْ مَاذَا تَرَىٰۚ قَالَ يَٰٓأَبَتِ افْعَلْ مَا تُؤْمَرُۖ سَتَجِدُنِيٓ إِن شَآءَ اللَّهُ مِنَ الصَّٰبِرِينَ)
Sura as–Saafaat; (37):102
(Meaning: And, when his son was old enough to walk with him, he said: “O my son! I have seen in a dream that I must sacrifice you, so see what you think.” He said: “O my father! Do as you are commanded. You will find me, if Allah wills, from patient.”)

Although the matter had already been pre–decided, Abraham consulted his son, saying:
“O my son! I have seen in a dream that I must sacrifice you”, to which his son replied: “O my father! Do as you are commanded.”

These verses clarify that there is nothing to prevent consultation even when a decision has already been made. In the foregoing example, despite Abraham –peace be upon him– being given a non–negotiable command, he still consulted his son, out of good manners and due to his knowledge of the positive impact of consultation upon the souls.

A person who becomes accustomed to consultation regarding even those matters that are clear and obvious will not neglect it when it comes to matters that are ambiguous and unclear. Thus, the fact that consultation is prescribed, commendable and beneficial in matters that are apparent highlights its necessity and indispensability in problematic and divergent cases wherein there are various opinions and possibilities.(732)

It should be noted that there are further examples of consultation in the Quran which, due to space constraints, cannot be mentioned here.

Fourthly: How should consultation take place in Islam?
There is no textual evidence in the noble Quran or the Prophetic traditions that specifies how consultation should be practiced or carried out. Similarly, there is no textual evidence that constrains the community of Muslims to a particular number of consultees, nor is there any proof that specifies how they are chosen or consulted.

This is all indicative of the flexibility of Islam and demonstrates that consultation should comply with the temporal and spatial situation of a society. The means are irrelevant, provided they do not conflict with any religious matters; rather what is important is that consultation is practiced and upheld in a Muslim society.(733)

Fifthly: Consultation vs Democracy
Consultation and dialogue are practiced by Muslims as a way of life and enable them to arrive at the most correct decisions by eliciting the opinions of knowledgeable, experienced and trustworthy individuals. However, consultation only concerns those affairs regarding which there is no explicit textual evidence, as there is no room for independent reasoning with the existence of explicit textual proof.

The scope of consultation is mainly public affairs, though it also includes the extrapolation of religious affairs from textual evidences.

Conversely, the West have relied upon democracy as a system of governance. The term democracy is made up of two Greek words:
 ‘demes’, meaning common people, and ‘cratos’, meaning strength. It therefore carries the literal meaning: ‘rule of the commoners’. Its opposite is aristocracy, which means ‘rule of the nobility’. The word ‘democracy’ has evolved to mean ‘rule of the citizens’ and it can now be defined as being a system wherein the majority will of citizens forms the basis of governance and the citizens form the government.

Democracy has taken many forms over time, however two forms of it are most prominent:
pluralist democracies, which combine liberal democratic political systems with capitalist economic systems. A democratic capitalist state aims to be self–governed through its election of representatives and government, as well as by exercising its freedoms. On the other hand, there are uni–party socialist democracies which are on their way to demise, having disappeared from Europe and currently only existing in China and Cuba.

Consultation and democracy have some points in common between them, such as:
1. The nomination and selection of a leader from among the citizens of a nation.

2. The rejection of all dictatorships, tyrannies, tribalism and theocracies (priestly rule). Islam is not a clerical religion and does not recognise clerics or religious bodies. In Islam there are scholars and jurists, and every Muslim who affiliates themselves with Islam is religious.

3. The plurality of parties both in Islam, under Islamic law, and in democracy, within the limits of constitutional law and in accordance with the terms of the various treaties.

4. The recognition of individual ownership of property is present in consultation and is from the teachings of Islam that favour public interest. A democracy also protects individual property ownership by making it a constitutional right of citizens.

5. Civil liberties, particularly political freedom, are guaranteed within the limits of public order.

6. The election of a representative by citizens of a nation to express their views.

The points they differ concerning are as follows:
1. Consultation derives from divine revelation; to contravene it is therefore an opposition of religious rulings and an act of disobedience to Allah. A democracy, on the other hand, is based on the approval of the people who are prone to error.

2. Consultation grants authority to the people but does not provide them with sovereignty. In Islam, sovereignty belongs to Islamic law and the people only have the authority to choose their leaders and representatives. In a democracy, however, authority and sovereignty both belong to the people.

3. Consultation is dependent upon the development of a citizen in line with Islamic precepts, such that they are nurtured to be God–fearing, to give advice to the ruler and to be honest while remaining within the limits of propriety and wisdom. The relationship between a ruler and his citizens is therefore one of an ethical nature.

4. The constitution, treaties, laws and statutes resulting from consultation derive from Islamic legislation – the Quran, Prophetic traditions and the consensus of the Muslim community. A further source of Islamic legislation is the discretionary judgements of scholars whose reasonings are based on the underlying principles of Islam and are used to provide solutions to contemporary issues faced by society. In a democracy, all of this is left entirely to the opinions of the people who are likely to constantly change their minds due to them not having solid foundations to rely upon.

5. The concept of freedom in Islam must not transgress Islamic values or behaviours, meaning that it is governed by divine commands and prohibitions. In a democracy, freedom is limited only by the values a society agrees upon.

6. Islamic law determines the authorities in a consultative council. It gives the people executive power as well as the right to choose their own laws from among the opinions of jurists, either directly or by way of a representative. Alternatively, a ruler may be given choice of law in accordance with the Islamic legal maxim ‘the opinion of the ruler puts an end to disagreement’.

In a democracy, the people are regarded as the source of authority. Moreover, democracies are implemented in different ways using various instruments, such as by use of the imperative mandate which allows voters to monitor and recall representatives, popular referendums, or bills which are submitted to parliament to pass new laws or change existing ones.

Islam allows consultation to be implemented using various methods which may be developed under a precise, decisive framework which implements Islamic legislation. Likewise, it allows for the adoption of modern systems and means employed by democracies, such as the selection of representatives, the setting of constitutions and treaties, the appointment of a council made up of scholars, notables, specialists, politicians, chiefs, judges and other officials, as well as the choice and election of a leader. Gaps and shortcomings must be rectified; all forms of deception, fraudulence, falsification, demagoguery, vote buying, electoral fraud and exploitation of the masses are strictly forbidden.(734)

Sixthly: Practical Examples of Consultation in the Prophetic Biography
The Prophetic biography provides many examples of the practical application of consultation. Whenever the Prophet e was faced with a situation that required consultation, he would discuss it with his companions and gather their opinions.

He was thus acting upon the following command of Allah:
(وَشَاوِرْهُمْ فِي الْأَمْرِ)
Sura aali–‘Imran; (3):159
(Meaning: And consult them in the affairs.)

Allah gave him permission to confer with his companions even though he was not in need of doing so, due to the revelation that was being sent down to him from the heavens. Rather he did so out of kindness to his companions, and in order to set consultation as a model for his nation to follow after him. The Arabs at that time despised despotism and they hated leaders who would not consult them regarding matters that concerned them all.

An example of consultation can be found in the story of the prisoners of Badr. Muslim reports a tradition on the authority of Ibn ‘Abbas who retells the story as he heard it from ‘Umar: “When they captured the captives, the Messenger of Allah e said to Abu Bakr and ‘Umar: “What is your opinion regarding these captives?”

Abu Bakr said:
“O Prophet of Allah! They are our kith and kin. I think you should release them after taking a ransom from them. This will be a source of strength for us against the disbelievers. Perhaps Allah may guide them to Islam.

Then the Messenger of Allah said:
“What is your opinion O Ibn al–Khattab?”
Umar replied: “No by Allah, O Messenger of Allah! I do not hold the same opinion as Abu Bakr. I am of the opinion that you should hand them to us so that we may behead them. Let ‘Ali deal with ‘Aqil that he may behead him and let me deal with so–and–so – a relative of ‘Umar’s – that I may behead him. These are the veterans and heads of disbelief.”

The Messenger of Allah favoured the opinion of Abu Bakr over my opinion.

The next day, when I came, I found the Messenger of Allah and Abu Bakr both sitting, shedding tears, so I said:
“O Messenger of Allah! Inform me why you and your companion are shedding tears; I shall either weep for the same reason or I shall weep because of your weeping.”

The Messenger of Allah said:
“I am weeping because of that which your companions suggested regarding taking ransom from the captives. Their punishment was shown to me closer than this tree –a tree nearby the Prophet of Allah–.

Allah –the Mighty and Majestic– revealed the verses:
(مَا كَانَ لِنَبِيٍّ أَن يَكُونَ لَهُۥٓ أَسْرَىٰ حَتَّىٰ يُثْخِنَ فِي الْأَرْضِۚ تُرِيدُونَ عَرَضَ الدُّنْيَا وَاللَّهُ يُرِيدُ الْأٓخِرَةَ وَاللَّهُ عَزِيزٌ حَكِيمٞ ٦٧ لَّوْلَا كِتَٰبٞ مِّنَ اللَّهِ سَبَقَ لَمَسَّكُمْ فِيمَآ أَخَذْتُمْ عَذَابٌ عَظِيمٞ ٦٨ فَكُلُواْ مِمَّا غَنِمْتُمْ حَلَٰلًا طَيِّبًاۚ وَاتَّقُواْ اللَّهَۚ إِنَّ اللَّهَ غَفُورٞ رَّحِيمٞ ٦٩ يَٰٓأَيُّهَا النَّبِيُّ قُل لِّمَن فِيٓ أَيْدِيكُم مِّنَ الْأَسْرَىٰٓ إِن يَعْلَمِ اللَّهُ فِي قُلُوبِكُمْ خَيْرًا يُؤْتِكُمْ خَيْرًا مِّمَّآ أُخِذَ مِنكُمْ وَيَغْفِرْ لَكُمْۚ وَاللَّهُ غَفُورٞ رَّحِيمٞ)
Sura al–Anfal; (8):67–70
(Meaning: It is not for a prophet to have captives of war until he inflicts a massacre upon Allah 's enemies in the land. Some Muslims desire the commodities of this world, but Allah desires for you the Hereafter. And Allah is All–Mighty, All–Wise. Were it not a previous ordainment from Allah, a severe torment would have touched you for what you took. So enjoy what you have gotten of booty in war, lawful and good, and be afraid of Allah. Certainly, Allah is Oft–Forgiving, Most Merciful. O Prophet! Say to the captives that are in your hands: “If Allah knows any good in your hearts, He will give you something better than what has been taken from you, and He will forgive you, and Allah is Oft–Forgiving, Most Merciful.”)(735)

In this incident, as in others, the Messenger of Allah establishes consultation through discussion because of the way it brings the hearts together while increasing the likelihood of making correct decisions by bringing different opinions to the fore. An opinion reflects the reasoning of a person just as a mirror reflects their outward image.

By the Prophet e consulting his companions, he nurtured in them self–confidence while showing them he considered them as wise and sincere. What honour is greater than that of being consulted by a prophet who receives revelation from the heavens and is provided with superior intellect and insight?

It is for this reason that his companions and the great leaders who succeeded them implemented this great precedent. Abu Bakr as–Siddiq, even with his great knowledge of Islamic law and political expertise, would not pass a judgement regarding an affair until he had received the opinions of a number of other companions.(736)

‘Umar was the same in this regard. Ibn Taymiyyah –may Allah have mercy upon him– said:
“‘Umar used to consult ‘Uthman, ‘Ali, Talhah, az–Zubayr, ‘Abdur–Rahman bin ‘Awf, Ibn Mas’ud, Zayd bin Thabit and Abu Musa, among others. He would even invite Ibn ‘Abbas to the consultations in spite of his young age.

‘Umar thus conformed to the command of Allah wherein He praised the believers in His saying:
 (وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ)
Sura ash–Shura; (42):38
(Meaning: And whose affair is determined by mutual consultation.)

It is due to ‘Umar’s consultation that his decisions, judgements and policy have since been unparalleled. There has not been anyone like ‘Umar since his time, and Islam was never more victorious or more expansive than under his rule. It was his army who defeated Khosrow and Caesar and ended their empires through the agency of his generals, Abu ‘Ubaydah and Sa’d bin Abi Waqqas, in the Levant and in Iraq, respectively. Following the caliphate of Abu Bakr, there was no one who had better ministers, emissaries, delegates, soldiers or advisors than ‘Umar.(737)

Imam al–Bukhari entitled a chapter of his book ‘Chapter:
Regarding the saying of Allah {And whose affair is determined by mutual consultation} and {And consult them in the affairs}’. In it, he establishes the practice of consultation from the discussions of the Prophet e and the caliphs after him.

He writes:
“The Prophet e consulted his companions on the day of Uhud regarding whether they should remain or go out to fight, so they advised him to go out and fight. After wearing his armour and preparing to go out they changed their minds and asked him to remain. However, after he had made up his mind he was not inclined to follow their advice to remain, but instead he told them: “It is not befitting for a prophet who has put on his armour to remove it until Allah’s judgement comes to pass.

On another occasion, he consulted ‘Ali and Usamah regarding the great slander made against Aisha and listened to their advice until the Quranic verses commanding him to flog the slanderers were revealed.

Similarly, the great leaders after the Prophet e also used to consult trusted scholars regarding the permissible affairs in order to make the simplest decisions. However, if it was the case that something was mentioned clearly in the Quran or in the Prophetic traditions, they would emulate the Prophet e and not seek the opinions of others.

When Abu Bakr decided to fight against those who refused to pay alms, ‘Umar said to him:
“How can you fight the people while we have the saying of the Prophet e: ‘I have been commanded to fight the people until they testify that none has the right to be worshipped except Allah. If they testify that none has the right to be worshipped except Allah, their blood and their wealth will be protected from me except if it is justified, and their reckoning will be with Allah?’”

Abu Bakr persuaded ‘Umar with his reply:
“By Allah! I will fight everyone that differentiates between that which the Messenger of Allah considered to be one and the same”. In this instance, Abu Bakr did not turn to consultation in this instance, as he knew the ruling of the Messenger of Allah e regarding those who differentiate between the prayer and almsgiving and want to change the religion and its laws.”(738)

The Prophet –peace be upon him– used to adopt the opinion of the first person he consulted, provided it was valid. There are many instances of this occurring, but the most striking example is contained in the story of Al–Hubab bin al–Munthir –may Allah be pleased with him– during the battle of Badr. It is reported that before the battle, Allah –the Mighty and Majestic– sent down a rain which made the ground firm for the Messenger of Allah e and the believers but hindered the disbelievers. Then the Prophet e led the Muslims, saying: “March with the blessing of Allah, for Allah has indeed promised me victory over one of the two parties. By Allah! It is as if I am now looking at the places where the people will be killed.”

He continued to hasten to the wells and set up camp before the Quraysh tribe arrived. After the camp had been set up, Al–Hubab bin al–Munthir bin al–Jamuh, a man from the tribe of Banu Salamah, came to the Messenger of Allah and said: “Did Allah instruct you to take this as a place of encampment, such that we have not move from it? Or was it a choice made through cunningness and the art of war?”

The Prophet replied:
“Rather, it was a choice made through cunningness and the art of war.”

Al–Hubab then said:
“O Messenger of Allah, if that is that case, this is not a good place to set up camp. Let us move to the closest well to the enemy and fill in all of the other wells. We can build a basin and fill it with water, then we can fight. We will be able to drink while our enemy goes thirsty.”

The Messenger of Allah said to him:
“Your opinion is sound.” Then he ordered Al–Hubab’s proposal to be implemented, so the encampment was moved, and the wells taken ownership of before half the night had passed.(739)

This story illustrates one of the great Prophetic manners concerning dialogue:
The Prophet e listened to the proposal of Al–Hubab after he verified that the decision was not of a divine nature, out of his respect for the revelation. The adoption of Al–Hubab’s opinion is indicative of his high status and highlights his wisdom and insight.

----------------------------------------------------

(720) See: ‘Mu’jam Maqayis al–Lughah’ (3/226).

(721) See: ‘Mu’jam Maqayis al–Lughah’ (3/227).

(722) See: ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (p. 134).

(723) See: ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (pp. 89); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (p. 134); & ‘ash–Shura fil–Islam Bayna an–Nathariyyah wa at–Tatbiq’ of Dr. Abdullah al–Mawjan (pp. 16–7).

(724) See: ‘Nitham ash–Shura fil–Islam wa Nuthum ad–Dimuqratiyyah’ of Dr. Zakariyyah al–Khatib (p. 18); & ‘ash–Shura fil–Islam’ (p. 17).

(725) See: ‘an–Nitham al–Asasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (pp. 134–5); & ‘an–Nitham as–Siyasi fil–Islam’ of Dr. Abdul–Aziz al–Khayyat (p. 89).

(726) ‘Taysir al–Karim ar–Rahman’ (p. 760).

(727) See: ‘ash–Shura wa Atharuha fi ad–Dimuqratiyyah’ of Dr. Abdul–Hamid al–Ansari (pp. 52–3).

(728) See: ‘Tafsir al–Baghawi’ 1/365.

(729) See: ‘ash–Shura’ of al–Khalidi (p. 158).

(730) See: ‘an–Nitham as–Siyasi fil–Islam’ (pp. 135–8).

(731) See: ‘ash–Shura Faridhah Islamiyyah’ of Dr. ‘Ali as–Salabi’ (p. 17).

(732) See: ‘ash–Shura Faridhah Islamiyyah’ (pp. 17–8).

(733) See: ‘an–Nitham al–Asasi fil–Islam’ of Dr. Sa’ud aal–Sa’ud and others (p. 148).

(734) See: ‘an–Nitham as–Siyasi’ of Dr. ‘Abdul–‘Aziz al–Khayyat (pp. 92–4).

(735) Reported by Muslim (no. 1763).

(736) See: ‘al–Hurriyyah fil–Islam’ of Shaykh Muhammad al–Khadhir Husayn (p. 21); ‘Muhammad Rasulullah wa Khatam an–Nabiyyin’ (pp. 118–23); & ‘Muhammad SallAllaahu ‘Alaihi wa Sallam al–Mathal al–Kamil’ of Muhammad Ahmad Jaad al–Mawla (pp. 18–20).

(737) ‘Minhaj as–Sunnah an–Nabawiyyah’ of Ibn Taymiyyah (8/58).

(738) Sahih al–Bukhari, the Book of Holding Fast to the Quran and the Sunnah, Chapter: Regarding the saying of Allah –the Almighty– {And whose affair is determined by mutual consultation}’ (p. 1404).

(739) Reported by Ibn Hisham (2/366) on the authority of Ibn Ishaq who said: “I was told about the men of the tribe of Banu Salamah and they mentioned that al–Hubab…”

Al–Albani said in ‘Takhrij Fiqh as–Sirah’ of al–Ghazali (p. 240): “Its chain of narration is weak due to the anonymity of the link between Ibn Ishaq and the men who informed him from Banu Salamah, however al–Hakim (3/26–7) mentions it with a connected chain.”