Founding the principle of consultation in Islam

Praise be to Allah, the Most High, the Almighty, the Free from imperfection and fault, who is Self-Sufficient and does not need the advice of a minister or an expert. May Allah send peace and blessing upon our master, Prophet Muhammad who ruled us by the most perfect policy and guided us to high moral standards; may Allah send peace and blessings upon his family and all his Companions.

The issue of consultation is one of the most important political issues to any nation that wants to progress and adopt the means of prosperity in all fields including the political aspect and taking care of people's affairs and interests.

Founding the concept of consultation:

Ar-Raghib Al Asfahany defined consultation as extracting a view by reviewing views against other views. Allah (may He be Exalted) says: "And consult them in the affairs." [Surat Al `Imran: 159].[1]

The meaning of Shura (consultation) is the matter about which people consult. Allah (may He be Exalted) says: "and who (conduct) their affairs by mutual consultation." [Surat Ash-Shura: 38].

And the concept of consultation is one of the Islamic political conceptions and because its importance, a full Surah was entitled Ash-Shura, and the Ayah reads as follows: "And those who answer the Call of their Lord [i.e. to believe that He is the only One Lord (Allah), and to worship none but Him Alone], and perform As-Salat (Iqamat-as-Salat), and who (conduct) their affairs by mutual consultation, and who spend of what We have bestowed on them" [Surat Ash-Shura: 38].

This is a beautiful description to Muslims and does not command them of adopting consultation, but it asked Muslims to adopt it as a way of life.

However, the Ayah which spoke about the command of adopting consultation was mentioned in a Madani Surah [i.e., Ali `Imran] in Allah's Saying: "And by the Mercy of Allâh, you dealt with them gently. And had you (Muhammad peace be upon him) been severe and harsh-hearted, they would have broken away from about you; so pass over (their faults), and ask (Allâh's) Forgiveness for them; and consult them in the affairs. Then when you have taken a decision, put your trust in Allâh, certainly, Allâh loves those who put their trust (in Him)." [Surat Al `Imran: 159].

In confirmation to this sublime principle which must be found in any political system that wants to succeed and stand in the face of any current and the necessity of applying it in all affairs, Shaykh-ul-Islam Ibn Taymiyah said about this Ayah: "A ruler cannot do without consultation because Allah (may He be Exalted) commanded His Prophet (peace be upon him) with it. He says: "And ask (Allâh's) Forgiveness for them; and consult them in the affairs. Then when you have taken a decision, put your trust in Allâh, certainly, Allâh loves those who put their trust (in Him)." [Surat Al `Imran: 159].

It was said: "Allah commanded His Prophet with it to comfort the hearts of his Companions and to be an example to follow for those who shall come after him to consult one another in things that has no religious text such as the matters of wars and partial matters, so all Muslims are commanded to adopt consultation."[2]

The event of Sa`ifat Banu Sa`idah and its role in establishing the principle of consultation:

In relation to the sources that spoke about the Bay`ah (pledge of allegiance) of Abu Bakr As-Siddiq in Saqifat Banu Sa`idah, we can sum it up in the following: The first thing the meeting of Banu Sa`idah decided was the regime and constitution of the state that must be run according to the principle of consultation which the Qur'an ordained. Therefore, that principle was approved by consensus and sustained by religious texts that ordained consultation and was done by the Messenger of Allah (peace be upon him). This consensus revealed and confirmed the first Shari`ah principle of ruling in Islam which was consultation that was approved by consensus after the death of the Prophet (peace be upon him). Consensus was a substantial evidence and application to the texts of the Qur'an and the Sunnah which ordained consultation.

On the day of Saqifah, choosing the ruler of the Muslim state must be done according to consultation through which he can obtain Bay`ah according to the conditions of the free homage.

That nomination was only valid after the general homage that was given to Abu Bakr As-Siddiq, the Caliphate of the Prophet (peace be upon him) i.e., after the approval of Muslims on the following day in the Prophet's Masjid. Then Abu Bakr accepted it according to the conditions mentioned in his speech. Ibn Kathir mentioned the speech in Al Bidayah Wan-Nihayah with an authentic chain of transmission: Abu Bakr praised Allah as should then said: "O people, I was given homage from you while I am not the best of you, so if I do well, help me, but if I do badly, rectify me. Truthfulness is a trust and lying is treason. The weak among you is powerful in my sight until I bring back his right, and the powerful among you is weak in my sight until I take the right from him if Allah wills. No people abandon Jihad in the cause of Allah but Allah strikes them with humiliation; and fornication does not spread in people until Allah strikes them with affliction. Obey me as long as I obey Allah and His Messenger, but if I disobey Allah and His Messenger, there is no obedience for me over you, stand up for Salah so that Allah would bestow mercy on you."[3]

Through this speech we can sum up a group of items, of which:

1- Homage as a special feature of Islamic regime distinguishes it from other ancient regimes.

2- The source of legislation in the state of As-Siddiq was declared clearly in his saying: Obey me as long as I obey Allah and His Messenger, but if I disobey Allah and His Messenger, there is no obedience for me over you.

3- The nation has the right to watch over and held the ruler accountable as was mentioned in his saying: If I do well, help me, but if I do badly, rectify me.

4- Establishing the principle of justice and equity among people: Establishing justice among people is not a voluntary act for the ruler but it is an essential part of his duties as a ruler and manager to his country. Abu Bakr (may Allah be pleased with him) said about this duty: "The weak among you is powerful in my sight until I bring back his right and the powerful among you is weak in my sight until I take the right from him if Allah wills."

5- Truthfulness is the basis of dealing between a ruler and his subjects in his saying: Truthfulness is a trust and lying is treason. This wise political principle has an important effect in the power of the nation where it reinforces the bridges of trust between the ruler and his subjects as Dr. Ali As-Salaby confirmed.

6- Declaration of holding fast with Jihad.

7- Declaring war against fornications in his saying: "No people declare fornications but Allah strikes them with affliction[4].

So, the relationship between morals and the emergence of the state and civilization is apparent, therefore if the morals of a state were corrupt, the nation shall be lost, and corruption and destruction shall take over. Perhaps the conditions of previous nations were a crystal-clear proof to the truthfulness of Allah's Saying: "And Allâh puts forward the example of a township (Makkah), that dwelt secure and well-content: its provision coming to it in abundance from every place, but it (its people) denied the Favors of Allâh (with ungratefulness). So Allâh made it taste extreme of hunger (famine) and fear, because of that (evil, i.e. denying Prophet Muhammad peace be upon him) which they (its people) used to do." [Surat An-Nahl: 112].