Amīr and Majlis-e-Shūrā: Appointment, Consultation, and Resolving Differences
Source: Aḥkām wa Masāʾil, Issues of Jihād & Leadership, Vol. 1, Page 452
❖ Question
Is the amīr free to consult whomever he wishes, or is the appointment of members of the shūrā (consultative council) established? Should these members be chosen by the public through general election, or by the nomination of the amīr?
In case of difference of opinion within the shūrā, how should the decision be made?
- By unanimous agreement?
- By majority opinion?
- Or does the amīr have the final authority?
Please provide the answer in light of the Qur’an, Sunnah, and the practice of the Khulafāʾ al-Rāshidīn.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
◈ The Principle of Shūrā and Consultation
Allah Almighty says in the Qur’an:
﴿وَشَاوِرۡهُمۡ فِي ٱلۡأَمۡرِۖ﴾
(“And consult them in the matter.” – Āl ʿImrān: 159)
And in another verse:
﴿وَأَمۡرُهُمۡ شُورَىٰ بَيۡنَهُمۡ﴾
(“And their affairs are decided by mutual consultation among them.” – Al-Shūrā: 38)
From these verses it is clear that:
✿ Consultation is an important principle of Islām.
✿ Matters must be decided after consulting the people of sound opinion.
✿ Collective decisions should be made through shūrā.
◈ Regarding Members of Shūrā
In the Qur’an and Sunnah there is no explicit mention of what we know today as an institutionalized “Majlis-e-Shūrā.”
Therefore:
- The number of members,
- The method of their appointment,
- Whether they are chosen by public election or by nomination from the amīr—
all these are later developed details and not directly specified in the foundational texts.
◈ Resolving Differences of Opinion in Shūrā
The final decision must always be in light of Qur’an and Sunnah.
✔ The amīr has the authority to adopt whichever opinion he deems to be closest to Qur’an and Sunnah.
✔ This could be the view of the majority or even of the minority.
Thus:
- The decision is not based solely on unanimous agreement.
- It is not bound only to majority rule.
- Rather, the amīr must determine which opinion is more aligned with the Qur’an and Sunnah, and act upon that.
ھٰذَا مَا عِنْدِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
