Consultation and the Question of Political Oversight

Islam pays careful attention to consultation in the political decision-making process. It exhorts us
to engage in it, instructs us on how to do so, and provides us with practical steps for its
implementation. Indeed, there is a chapter of the Qur’ân entitled al-Shûrâ “Mutual Consultation”,
which shows us just how important this institution is to the Muslims, thus dealing a blow to the
tyranny of opinion in any and every sphere of human life. 

Before investigating this question of whether – and to what extent – political oversight should be
applied to the consultative process, we need to look briefly at some of the meanings that Islam
brings to the concept of consultation.

Consultation is mentioned in the Qur’ân in two contexts. The first is where it establishes the
principle of governance and the lawfulness of government as an institution. The second way in
which consultation is discussed is in the context of the administration and execution of
governmental duties. 

When discussing consultation in respect to the basic principle of governance, the Qur’ân
addresses the Muslims as a whole: “And those who have responded to their Lord and establish
prayer and whose affairs are determined by consultation amongst themselves, and who spend
from what we provide for them.” [Sûrah al-Shûrâ: 38]

When consultation is brought up in the context of the administration and execution of

governmental duties, the Qur’ân addresses the Prophet (peace be upon him) directly: “And if
you had been rude and harsh-hearted. They would have disbanded from about you. So pardon
them and ask forgiveness for them, and consult them in affairs. And when you have decided,
then rely upon Allah. Indeed, Allah loves those who rely upon Him.” [Sûrah Al `Imrân: 159]

We should pay particular attention to the wisdom employed by the Qur’ân in the way that it sets
forth the institution of consultation as a legal principle. It ties it in with the religious institutions of
prayer and charity, mentioning it in the midst of those two acts of worship. This is because in
carrying out our formal prayers, we respond to Allah’s command by uniting with our fellow
Muslims in word and deed. Consultation, likewise, is a response to Allah’s command that
secures the unity of the Muslims in their stance on some matter. Prayer is mentioned in the
context of an active verb “…establish prayer…” conveying the meaning of initiating something or
renewing it. This is suited to the fact that it is a devotion that we carry out in congregation five
times in the course of every day and night.

By contrast, the Qur’ân mentions consultation in an informative sentence “…and whose affairs
are determined by consultation…” conveying the idea of something that is firmly established and
constant. If, for instance, it is sometimes obligatory for the wealthy to provide for the poor and
sometimes merely recommended, the same is not the case with consultation. It is obligatory for
the Muslims at all times, whenever they are faced with some situation requiring their attention.
Consultation comes into play whenever a decision needs to be made that falls within the scope
of human discretion. It does not apply to matters already determined by the sacred texts.

In this verse, consultation is mentioned after prayer and before charity. There is a good reason
for this. Establishing communal prayers obligates people to come together and cooperate.
Likewise, when a Muslim has an opinion that might bring some benefit to his brethren or ward
off some harm from them, it is his duty to share that opinion with them so they can consider it,
discuss its pros and cons, and determine its suitability as a course of action. As for spending
wealth, it follows in importance. A good opinion yields its benefits on an ongoing basis whereas
the benefit of money spent in charity is generally narrower of scope and shorter-lived.

The phrase “…and whose affairs are determined by consultation…” is general in meaning,
applying to all the Muslims’ affairs. The phrase “…among themselves…” points out that
consultation requires more than one individual or more than one faction. It also indicates that
consultation is something that goes on between those who participate in it and that it is not to be
circulated to the broader public.

Turning our attentions to the second verse–the one discussing consultation in the context of
administration and the execution of governmental duties – we see that it is a command:…
consult them in affairs. Scholars of the Hanafî and Mâlikî schools of Islamic Law consider this
command to be establishing a legal obligation. Shâfi`î and Hanbalî scholars consider it to be a
strong legal recommendation. 

All of them agree that the verse is addressing the Prophet (peace be upon him). They also
agree that what the verse is telling him is not exclusively for him, but applies to all Muslims.
Therefore, if it had been obligatory for the Prophet (peace be upon him) to consult his
Companions though he – as a Prophet receiving revelation – was not in need of their guidance,
it follows that consultation is even more of an obligation for others.

On the basis of all of this, we can see that consultation is an essential principle in the life of the
Muslims. It applies to the family, in deciding matters like when to wean children. Allah says:
“And if they (the parents) both desire weaning through mutual consent and consultation
between them, there is no blame upon either of them.” [Sûrah al-Baqarah: 233] It applies on all
levels of community life up to questions of national importance like determining who is going to
be the head of state and drafting or amending the national constitution.

The Prophet (peace be upon him) engaged in consultation in matters concerning his family, like
the time when his wife `A’ishah was slandered. He did so on the community level when he
discussed with the inhabitants of Madinah the possibility of their waiving their claim to half the
city’s date production in order to placate their enemy – a suggestion that they rejected. He did
so on matters affecting society at large, like matters of war and peace.

Consultation is something innate to human nature from the time Allah created Adam (peace be
upon him). Indeed, Allah relates to us how the angels engaged in it at the time Adam was
created:
And when your Lord said to the angels: “Indeed I am going to establish a vicegerent in the
Earth.” They said: “Will you place therein one who will cause corruption therein and shed blood,
while we celebrate Your praises and glorify you?” He said: “Indeed, I know what you know not.”
And He taught Adam the names of all things, then He presented them to the angels and said:
“Inform me of the names of these if you are truthful.” “They said: “Glory be to You! We have no
knowledge except what you have taught us. Indeed, it is You who are knowing and wise.”
[ Sûrah al- Baqarah : 30-33]
Allah knows His creation best. He is in need of nothing and no one from among what He
created. Nevertheless, He presented the angels with His will to create Adam (peace be upon
him) showing that that consultation would be a natural quality of humanity – something that took
place from the very inception of human existence. It would remain something familiar to human
beings, something that they would yearn for in its absence. People naturally like it when they
find others who share their views.

We find that Pharaoh consulted with his people regarding what to do with Moses (peace be
upon him). It says in the Qur’ân:
He said to the notables around him: “Indeed, this is a learned magician. He wants to drive you
out of your land by magic, so what do you advice?” They said: “Postpone the affair of him and
his brother and dispatch summoners to the cities who will bring to you every learned magician.”
[Sûrah al-Shu`arâ’: 34-37]
Likewise, Bilqîs, the Queen of Sheba, consulted her people, saying: “O esteemed ones, advise
me in my affair. I will not decide a matter until you testify to me.”Sûrah al-Naml:32
In our present day, people have been diverted from engaging in consultation and even from
knowing how to engage in it out of their love to dominate and their loathing to hear anything that
disagrees with their own predilections and desires. This tendency is an aberration from human
nature and not something natural. Even a tyrant hastens to consult with others when matters
become too difficult for him.

Consultation was carried out in the best possible manner – and was indeed the order of the day
– during the era of the Rightly Guided Caliphs. This had a positive effect on Muslim society. Abû
Bakr consulted with the other Companions in how to combat the apostates and in dispatching
the army under the leadership of Usâmah.

`Umar b. al-Khattâb, in his turn, followed this precedent, setting up a council of six Companions
to determine who would succeed him after his death and a council of 50 Companions from
Madinah to supervise his conduct. He often wrote to his governors in the various provinces,
commanding them to consult with the people in their affairs.

In Islam, the institution of consultation includes both men and women. The injunctions of Islamic
Law – its commands and prohibitions – apply equally to men and women except where the law
explicitly states otherwise, like in certain rulings concerning inheritance, testimony, and
maintenance. The principle of consultation is not one of these exceptions. The Prophet (peace
be upon him) consulted with his wife Zaynab in the matter of `A’ishah’s defamation. He
consulted with his wife Umm Salamah in how to deal with the reluctance of the Companions to
abandon their pilgrimage during the events of Hudaybiyah.

In consideration of the importance of consultation and the gravity of the matters in which it is
applied, oversight of the head of state and of the members of the consultative council is
something completely sanctioned from an Islamic legal standpoint. Such oversight is merely
holding people to account when there are shortcomings – or suspected shortcomings – in their
dispensation of their duties, with respect to their ability to carry out those duties and their
conduct in doing so.

Such oversight is from the sincere advice that our faith is an embodiment of. The Prophet said:
“Religion is sincere advice.” [Sahîh Muslim (55)] 

It also comes under the duty of enjoining the right and forbidding the wrong. The Prophet (peace
be upon him) said: “You should enjoin what is right and forbid what is wrong and take the one
who does wrong to account and swerve him to the truth and hold him to the truth, or Allah will
cause your hearts to strike out against one another.” [Sunan Abî Dâwûd (4336), Sunan al-
Tirmidhî (3047), andSunan Ibn Mâjah (4006)]

All of the backwardness that the Muslim world suffers from today can be traced back to people’s
autocratic tendencies regarding their own viewpoints, their abandonment of deciding their affairs
by consultation, and their unwillingness to accept advice; indeed, often severely censuring any
attempt by others to offer them advice.

We need to look again at the verse: “And if you had been rude and harsh-hearted, they would
have disbanded from about you. So pardon them and ask forgiveness for them, and consult
them in affairs. And when you have decided, then rely upon Allah. Indeed, Allah loves those
who rely upon Him.” [Sûrah Al `Imrân: 159]
One of the interesting points to be drawn from this verse is that it does not pertain merely to the
Muslims who are upright and pious. Its ruling applies even for those who are sinful. This is
indicated by the linguistic context of the verse as well as by looking at the circumstances in
which it was revealed.

Consulting with all sorts of people placates the hearts especially of those who are sinful. It
shows the magnanimity and sincerity of those in authority to the governed. Also, by consulting
with those who are disobedient, the reasons for their disobedience can be discovered.

Allah, in this verse, has made the order for consultation as general as possible, embracing all
aspects of life in peace and in war.

Al-Bukhârî gave to one of the chapters of his Sahîh the following heading: “The heads of state
who succeeded the Prophet (peace be upon him) and their consultation of the trusted people of
knowledge concerning permitted matters and their acting upon the easiest suggestion”.

Allah’s Messenger (peace be upon him) once said to Abû Bakr and `Umar: “If the two of you
were to get together and consult with each other on something, I would not contradict you.”
[Musnad Ahmad (17533)]

The Prophet (peace be upon him) died without detailing a particular form for consultation to
take. He knew that new situations would develop in the future bringing new challenges and he
recognized that the ways of politics would necessarily have to change. What is best suited for
one age may not work so well for another. This was be especially true when the domain of the
Muslim realm expanded outward from the Arabian Peninsula, bringing people of different
cultures and different faiths into direct contact with one another. It is even more true today, with
the world becoming so interconnected that it can rightly be described as a global village. 

Supervision and oversight of the process of the consultative process, is part of its correct
implementation. All individuals and agencies that are involved in it need to be monitored for any
possible failings and shortcomings ensuing from the dispensation of their duties, especially
those who work in the capacity of scholars and decision makers. 

The Prophet (peace be upon him) said: “Whoever among you sees something wrong, he should
change it with his hands. If he cannot do so, then with his tongue. If he cannot do so, then in his
heart, and that is the weakest of faith.” [Sahîh Muslim (49)] What is meant by changing it “in the
heart” is for a person to clear himself of the act and to refrain from condoning it in any way.

If the legislations set down by the state are in accordance with Islamic Law, the consultative
council can only act upon them on that basis. Otherwise, it will be wrong for them to do so. Allah
says: “It is not for a believing man or woman, when Allah and His Messenger decide a matter, to
have any choice in their affair.” [Sûrah al-Ahzâb: 36]

Allah says: “Nay, by your Lord! They will not believe until they make you (O Muhammad) the
judge in their disputes among themselves and then find within themselves no discomfort in what
you decide and submit to it fully.” [Sûrah al-Nisâ’: 65

Government (Kitab Al−Imara)

Islam is a social religion, not in the sense that it is through society alone that religion breathes
its sacred spirit in the individuals, but in the sense that it aims at inculcating God−consciousness
both in individual and society. Jesus said: The Kingdom of Heaven is within you. Islam fully
subscribes to this view, since no just kingdom can be founded on earth by unjust men, who
have not first created the Kingdom of Heaven in their hearts, but Islam goes a step forward and
says that the creation of the Kingdom of Heaven within heart is not enough; this Kingdom of
Heaven within must be externalized into a Kingdom of Heaven on earth, so that the organized
life of man may be built up on the basis of love, fraternity and justice.
It thus becomes clear that the Islamic State is not an end in itself, but a means to an end, the
end being the development of a community of people who stand up for equity and justice, for
right against wrong or, to phrase it differently, for the creation of such conditions as would
enable the greatest possible number of human beings to live spiritually, morally and physically
in accordance with the teachings of Islam. Thus the founding of an Islamic State is not a sort of"
worldly activity," something undesirable, as some people wrongly suppose, but the sine qua non
of social justice, as demanded by Islam."
The state," says Dr. lqbal," from the Islamic standpoint, is an endeavor to transform these ideal
principles into space−time forces, an aspiration to realize them in a definite human organization.
It is in this sense alone that state in Islam is a theocracy, not in the sense that it is headed by a
representative of God on earth who can always screen his despotic will behind his supposed
infallibility. As this State is meant to enforce the law of the Shari'ah within its territorial
jurisdiction, it is duty bound to make itself an efficient organ for transforming the high ideals of
Islam into reality. The Qur'an, while enumerating the main functions of the Islamic State, says:"
Those who, if We establish them in the land, observe worship, and pay the poor−due and enjoin
good and forbid evil"
41). This shows that the function of an Islamic State is not only to defend its citizens from
external attack and internal disorder, but also to enable individual man and woman to realize the
tenets of Islam and their beliefs. In the socioeconomic concerts of their practical life. So far as
the nature of the Islamic State is concerned, it is theocracy with regard to God in the sense that
the de jure sovereignty belongs to Allah Whose de facto sovereignty is inherent and manifest in
the working of the entire universe and Who enjoys exclusively the sovereign prerogative over all
the creation. The Holy Qur'an has stressed this point in so many verses: " The Command is for
none but for Allah: He has commanded that ye obey none but Him: that is the right path" (xii.
40). "Follow the revelation sent unto you from your Lord, and do not follow the (so−called)
guardians other than Him" (vii. 3). " And those who do not make their decisions in accordance
with that revealed by Allah are (in fact) the deniers of Truth"
44). It thus becomes quite clear that a State established on the basis of God's sovereignty
cannot enforce any law in contravention of the Qur'an and the Sunnah even if all the citizens
make a demand for it. An Islamic State is, therefore, theocratic in one aspect as it is run
according to God−given laws, but it is altogether a differ theocracy of which Europe has had the
bitter experience and in which, a priestly clan is sharply marked off from the rest of the
population and exercises an unchecked domination and enforces laws of its own making in the
name of God, and thus imposes its own godhood upon the common people. The priest puts
himself as a mediator between the masses and the unseen God. Such a system is quite
un−Islamic. The theocracy built by Islam is not ruled by a particular religious’ class, but by the
whole community of Muslims including the rank and file. as Allah has not appointed a particular
individual, group, race or class as the representative of the Real Sovereign upon the earth, but
the whole community. The Qur'an says:" Allah has promised to those among you who believe
and do righteous deeds that He will assuredly make them to succeed (the present) rulers and
grant them vicegerency in the land just as He made those before them to succeed (others)"
(ixiv. 55).
This verse makes it clear that all believers have been conferred upon the Caliphate and not a
special class or dynasty. Moreover, the Caliphate granted by Allah to the faithful is the popular
vicegerency and not a limited one and thus it is run with the consent of the people. The
concepts of the Divine Right of Kingship and the infallibility of clergy are alien to the spirit of
Islam. Every Muslim stands on equal level with the other Muslim as the vicegerent of the Lord
upon the earth. None of them, therefore, enjoys any preference to the other by virtue of high
birth or belonging to a special religious group. History is teplete with instances of Caliphs being
brought to the court and publicly criticized by ordinary men and women. Even a lowliest villager
could dare tell the Commander of the Faithful that he would set him straight like a spindle if he
deviates an inch from the path of righteousness. This shows that the rulers and the officials in
the Islamic State are answerable both to God and man for their actions, and the people have
every right to criticize. not only their public behavior, but even their private activities. In the
context of such heavy responsibilities the heading of the Islamic State or assumption of any
other important portfolio in its set−up is a very difficult job so much so that that Holy Prophet
(may peace be upon him) compared it to the slaughtering of one with a blunt knife. No person,
therefore. who is conscious of the responsibilities of the job, covets to assume that; he rather
shirks it and accepts it only when he is compelled to do so. The Holy Prophet (may peace be
upon him) declared that person to be quite unfit for office in an Islamic State who is covetous of
it, as he is either ignorant of its grave responsibilities or desires to take undue advantage of his
official power. We enumerate below some of the important rights and duties of an Islamic State.
As for the rights, the Islamic State can claim full loyalty from all its citizen wholehearted
cooperation in all sectors of life and complete obedience to the law of the land and the
commands of the rulers so long as they are in conformity with the Laws of the Shari'ah. But
where the rulers transgress the limits of the citizens have the right, not only to withdraw
co−operation, but also to check the rulers from acting against the Commands of Aliah and His
Apostle (may peace be upon him). The citizens are also required to pay taxes due to the State
quite willingly and not to misappropriate its funds, and to participate in Jihad in any capacity for
which they are deemed fit by the authorities of the Islamic State. So far as the duties of the
Islamic State are concerned, the first and foremost duty is to protect the life, property and honor
of every citizen, irrespective of his caste, creed, color, religion or social status. Moreover, it is
also the duty of the Islamic State to protect the freedom and individual liberty of every citizen so
long as there is no valid reason to curtail it. It cannot be done as an arbitrary act. The State is
authorized to lay hands upon it through due process of law. Again, freedom of expression is one
of the fundamental rights of the citizen which an Islamic State must respect. Then, it is also the
duty of the Islamic State to see that no citizen remains unprovided for in respect of the basic
necessities of life, viz, food, clothing, shelter, medical aid and education, for the Holy Prophet
(may peace be upon him) said:" The government is the guardian of those who have no
guardian." Moreover, the State is bound to create such conditions in which the good reigns
supreme in the society and evil is suppressed and exterminated, and its citizens learn to live as
good Muslims.