Surah Ash-Shura (42) — Ayah 38

(Ayah 38) ➊ { وَ الَّذِيْنَ اسْتَجَابُوْا لِرَبِّهِمْ:} After mentioning the things that are obligatory to avoid, He mentioned those qualities with which it is necessary to be adorned. They are four, and acting upon them is the guarantee of the unity of the Ummah and success in this world and the Hereafter. Both "ijabat" and "istijabat" mean "to accept," but due to the additional letters in "istijabat," there is an emphasis in the meaning. The meaning is that when their Lord calls them to any task, they immediately rush towards it; they neither delay nor procrastinate, and this is exactly what their Lord demands from them. See Surah Al-Anfal (24).

➋ { وَ اَقَامُوا الصَّلٰوةَ:} Of these four qualities, the establishment of prayer is mentioned first, because after accepting Islam, the very first and most important obligation is to establish prayer, which draws a clear line of distinction between Muslims and disbelievers in front of everyone. See Surah At-Tawbah (5, 11).

➌ { وَ اَمْرُهُمْ شُوْرٰى بَيْنَهُمْ:’’ شَارَ يَشُوْرُ شَوْرًا ‘‘} (n) {’’ وَاشْتَارَ الْعَسَلَ‘‘} Extracting honey from the hive. Consultation is called "mashwara" and "shura" for this reason, that it is the act of obtaining the opinions of many people. This is the second quality. In those matters in which there are clear commands from Allah and His Messenger (peace be upon him), there is neither need nor permission for consultation; in those, there is no way except compliance. Apart from these, all matters relating to the mutual dealings of Muslims are settled through mutual consultation, due to which they become aware of the best possible opinions of all people and reach the best conclusion. None of them considers himself to be all-wise so as to declare his own opinion as final and insist upon it, and say like Pharaoh: « مَاۤ اُرِيْكُمْ اِلَّا مَاۤ اَرٰى وَ مَاۤ اَهْدِيْكُمْ اِلَّا سَبِيْلَ الرَّشَادِ» [ المؤمن : ۲۹ ] "I am only telling you what I see, and I am guiding you only to the path of rightness." Because this attitude is adopted only by an arrogant person, who gives no weight to others and their opinions; the case of a believer is the opposite, as He said: « تِلْكَ الدَّارُ الْاٰخِرَةُ نَجْعَلُهَا لِلَّذِيْنَ لَا يُرِيْدُوْنَ عُلُوًّا فِي الْاَرْضِ وَ لَا فَسَادًا » [ القصص : ۸۳ ] "This last abode, We make it for those who do not intend exaltation upon the earth nor corruption." A believer is always fearful that he may make a mistake in understanding, or due to ignorance, or due to the interference of Satan or his own self, he may make a wrong decision, so he consults as many people as possible. Allah Almighty also commanded His noble Prophet (peace be upon him) to consult his companions, and the Prophet (peace be upon him) always consulted the noble companions (may Allah be pleased with them) in those matters in which there was no explicit command from Allah Almighty.

➍ Nowadays, many people take "shura" to mean democracy and voting, whereas consultation is done by a caliph as well, by a king as well, as Queen Sheba did, and even the head of the smallest family, because without it, no work can run properly. If he does not wish, even a democratic prime minister can, instead of consulting, force his party members to accept his autocratic opinion, as we observe in our country. For details on the difference between consultation and democracy, see the commentary of Surah Al-Imran, Ayah (159): «وَ شَاوِرْهُمْ فِي الْاَمْرِ ». Also, look at the commentary of Surah An-Naml, Ayah (32).

➎ { وَ مِمَّا رَزَقْنٰهُمْ يُنْفِقُوْنَ:} This is the third quality. For details, see the commentary of Surah Al-Baqarah, Ayah (3).

38. 1 That is, obedience to His command, following His Messenger, and refraining from disobeying His command.

38. 2 The observance of prayer and its establishment are specifically mentioned, because among acts of worship, it holds the greatest importance.

38. And those who respond to their Lord, establish prayer, conduct their affairs by mutual consultation [56], and spend out of what We have provided for them.

[56]
Consultation and Its Related Matters:

The noteworthy points regarding consultation are as follows:
(1) Consultation can be done in individual matters, as you consulted several Companions (may Allah be pleased with them) during the incident of Ifk, and also in collective matters, as is clear from this verse.
(2) Consultation should only be sought from one who is qualified to give advice. There is neither a need nor does anyone take advice from just anyone. In collective matters, the leader of the believers selects a consultative council and consults with it.
(3) Consultation can only be done in matters where there is no explicit command in the Book and Sunnah. Generally, it pertains to administrative matters. For example, you consulted the Companions regarding the captives of Badr, whether they should be killed, released for ransom, or, regarding the Battle of Uhud, whether the battle should be fought while staying in Madinah, i.e., only defending, or fought in the open field.
(4) The purpose of consultation is that all aspects of the issue under discussion come to light, and the aspect closest to the truth is chosen. In short, its purpose is the search for evidence.
(5) To achieve this purpose, it is necessary that every participant in the consultation is given complete freedom to express their opinion.
(6) Determining which aspect is closest to the truth is the responsibility of the head of the council. It does not depend on the majority or minority of opinions. Rather, even if the opinion of one or two people is closest to the truth, that should be adopted. As you ﷺ said on the occasion of the captives of Badr, if Sayyiduna Abu Bakr Siddiq ؓ and Sayyiduna Umar ؓ had agreed on one opinion, I would have acted accordingly. Or, regarding the Battle of Uhud, those who advised that the battle be fought in the open field were a few enthusiastic young Muslims, but despite their small number, you adopted their opinion.
(7) The final decision-making authority belongs to the head of the council, as stated: ﴿فَاِذَا عَزَمْتَ فَتَوَكَّلْ عَلَي اللّٰهِ﴾ [159:3]. When neither side has any evidence or both sides have equal evidence, then the decision can be made according to the majority opinion, and in such a case, the majority itself becomes an argument. In this way, the dispute is resolved, but in such a case, the clarity of the truth is not necessary. And its example is just like drawing lots.

The Election of the Caliph in Islam:

As for whether the selection of the leader is also through consultation or if this matter is outside consultation, most scholars believe that this matter is outside consultation. The first evidence for this is that this Surah is Makki, at a time when there was not even the concept of a Muslim state. The second evidence is that the first leader of the Muslims is the Prophet himself, and the question of his selection does not arise. The third evidence is that the selection of the Rightly Guided Caliphs did not occur through any one specific method. The first Caliph was selected only in a gathering of some Companions in Madinah. Sayyiduna Umar ؓ proposed the name and pledged allegiance, then everyone pledged allegiance. The second Caliph, Sayyiduna Umar ؓ, was nominated by Sayyiduna Abu Bakr Siddiq ؓ. The third Caliph, Sayyiduna Uthman ؓ, was selected by a six-member committee, and the fourth Caliph was forcibly nominated by the killers of Sayyiduna Uthman ؓ. From this, it is understood that it is not necessary for the Caliph or Amir al-Mu’minin to be selected by the consultation of all Muslims. Whichever way the leader of the Muslims comes, if he runs them according to the Book and Sunnah, then he is truly their leader; otherwise, he is not. [For further details, see my book 'Khilafat wa Jamhuriyat' (Caliphate and Democracy).]