Islamic System of “Shura”
Allah Almighty created humans and for their easement of relationships and these relationships may be terrible due to many facts state involve to overcome the issues between the people. The Islamic system of the Government provides some rules and regulations that derive from the Quran and Sunnah. Allah Almighty ordered mankind to establish a system according to these rules for the easement of others. The Islamic legal system provides solutions to the issues related to social, political, ethical, economic, civil & criminal and also provide the complete guideline family laws, business laws, law of evidence, etc. Actually, the objective of the Islamic system of government is to establish the best system for the easement of mankind in every walk of life. In a society when mankind moves or acts in society and having matters with others then the dispute arises and the government involves controlling the matters. To control the disputes and matters of the society the Islamic system of government introduced the system of “Shura”, word “Shura” which means the expression of public opinion, which is in fact the consultative assembly of the government.
The Prophet (SAW) often consulted companions on matters of politics and administration. There were three types of “Shura” held in the era of Prophet (SAW).
- Shura Aahid
- Shura Khandiq
- Shura Hadibia
Even during the era of Caliphate the meetings of “Shura” were held to decide the matters of Social, Political, Legal, and other important issues.
During the Caliphate of Umar (R.A) there were two types of “Shura” often called to decide matters.
- Shura Common (Shura Aaam and
- Shura Special (Shura Khaas)
According to Quran “Shura” is very important and Prophet (SAW) was asked to solve the matters with mutual consultation and consultation with peoples.
The base of the Shura System
- “Shura” system is based on the principles of Islam which are not subject to any change since Islamic principles are subject to the will of Allah Almighty. In Islam Allah almighty is the supreme authority and mankind should be obedient.
- The opinion of “Shura” is unanimous and one-sided.
- In “Shura” the Ruler is not empowered to approve the framing of laws against Islamic laws.
- “Shura” is not a permanent institution, whereas, members of the Shura have special qualities like awareness, bravery, and wisdom.
- “Shura” is not based on any party system anybody can give opinion freely on the matter under discussion.
- In “Shura” Islam is the state religion which is the supreme source of law, the law is for the easement of mankind.
Sovereignty in Islam
Sovereignty in Islam belongs to Allah Almighty. Allah is the sovereign of this universe and nobody else. All powers belong to Allah Almighty and all laws with their implementation according to the will of Allah Almighty. Allah Almighty is governed from Heaven and His Orders are obeyed on the earth.
In Islam, all laws have been framed by Allah Almighty. Nobody can issue orders for claiming his rights. The Ruler is subordinate to Allah Almighty in the state as an agent of HIS powers on the earth. The government is a trust from Allah Almighty and Ruler acts on the behalf of Allah Almighty.
The Caliph of Allah Almighty can only have those powers which have been granted to him by Allah Almighty. Islamic Caliph is not like a modern President, Governor, or Vice Roy.
Characteristic of the Islamic Government
- It is the Government of Allah Almighty alone Who is the source of power.
- Allah is the real owner of all powers and Government.
- The government of the Caliph is subordinate to Allah Almighty.
- The Islamic government is run by Islamic laws as given in the Holy Quran, Sunnah, Ijma, etc.
- The Caliph or Head of the state is bound to rule according to Islamic laws.
- The government is based on “Shura System”
Concept of Islamic State
- The subject should live like a gentleman, free from sins. They should be obedient to Allah Almighty and follow Islamic laws.
- The subject must lead a simple life and pay Zakat so that there is an equal distribution of wealth in order that money is spent on social welfare.
- The powers of the State are used to removed crime and sins and to promote education and development.
Principles of Islamic State
These are four:
Principles adopted by Caliphs
Rulings of famous experts are adopted by Caliphs during 30 years of rule.
Principles of Islamic Government
The Government is based on democracy and its matters are solved through mutual consultation of “Shura”. The government should be run through consulting the cabinet of “Shura” and everybody could take part in the development of the State. The following are features of the Islamic Government.
- Those people who are in power are trustees of the powers of common people.
- All properties, wealth and post belong to public trust, No one can misuse those for their own benefits.
- The use of powers will be according to the will of Allah Almighty and Islam.
- Judiciary is supreme in the Islamic Government.
- Only honest people are given powers to rule for public welfare.
- The main object of the Islamic government is to act according to the will of Allah Almighty.
To conclude, we can say that Allah Almighty is the creator of humans and He authorized mankind to establish a legal system to build a society like heaven. The Islamic legal system provides solutions among the people on their mutual issues, relationships, and agreements. The Islamic legal system also provides the platform known as “Shura” to its followers to settle down the differences. Allah Almighty is also referring the mankind to His beloved Prophet (PBUH) for the consultation and also with his (Prophet (PBUH)) companions for the solutions of any matter among them and also in the society. This shows that the “Shura System” has a vital role in the Islamic legal system.