The Shar‘i Status of the Consultative Council (Shūrā) and the Authority of the Caliph
Reference: Fatāwā Rashidiyyah, Page 515
❖ The Question
Discuss the matter of the Consultative Council (Majlis al-Shūrā).
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!
The Qur’an states:
﴿وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ﴾ (al-Shūrā: 38)
“Their affairs are decided by mutual consultation among them.”
This verse makes it clear that the Caliph is required to seek consultation in religious and worldly matters. However, it is not binding upon him to act strictly in accordance with the opinion given in consultation. The Caliph has the authority to decide according to his own discretion, but with certain conditions:
◈ The Caliph must be religiously observant and committed to Sharī‘ah.
◈ He should not be a follower of personal whims and desires.
◈ He should be able to convince the Shūrā with evidence regarding his opinion.
◈ He should not be one who seizes power by mere force and then deviates from Sharī‘ah.
The Qur’an further commands:
﴿وَشَاوِرْهُمْ فِى ٱلْأَمْرِ ۖ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى ٱللَّهِ ۚ إِنَّ ٱللَّهَ يُحِبُّ ٱلْمُتَوَكِّلِينَ﴾ (Āl ʿImrān: 159)
“Consult them in matters; then, when you have resolved upon a course of action, put your trust in Allah. Indeed, Allah loves those who rely upon Him.”
ھذا ما عندی، واللہ أعلم بالصواب
