وَأَمْرُهُمْ شُورَى بَيْنَهُمْ (38:42)

And their system is based on their consultation. (42:38)

The system of government of a state is based upon the above quoted verse. The extensive meaning this short verse encompasses and the guidance obtained from it about the political set-up envisaged by Islam need a detailed discussion, which follows.

The first word that occurs in the verse is أَمْر (amr). It has many meanings in Arabic. However, it is quite evident from the context and placement of this verse that here it means “system”. This meaning has been incorporated in it from the depth found in its general meaning “directive”. When the word “directive” becomes related to people, it prescribes certain limits for itself and establishes certain rules and regulations. In such cases, it implies the directives which emanate from political authority as well as the state system. A little deliberation shows that the English word “system” is used to convey the same meaning.

Since the Quran has not specified it by any other adjective except by appending it to a pronoun, all sub-systems which are part of the political system must be considered included in its connotation. In fact, all affairs of state like the municipal affairs, national and provincial affairs, political and social directives, rules of legislation, delegation and revocation of powers, dismissal and appointment of officials, interpretation of Islam for the collective affairs of life – all of them fall under the principle laid down in this verse. In other words, no area or department of a Muslim state can be beyond the jurisdiction of this principle.

Next comes the word شُورَى (shura). It is a verbal noun (masdar) of the category فُعْلى (fula) and means “to consult”. Owing to the fact that this word occurs as an enunciative (khabar) in the given verse, the meaning of the verse is not the same as of the verse: ٍفى الاَمْر فَاذَا عَزَمْتَ فَتَوَكَّلْ عَلَى الله شَاوِرْهُم (consult them in the affairs of the state and when you reach a decision, put your trust in Allah (3:159)), which is often quoted as its parallel. To convey the same meaning as this verse, the words should, perhaps, have been something like وَ فىِ الاَمْرِ هُمْ يُشَاوَرُوْن(and in the affairs [of state] they are consulted). In this case, it would have been necessary that in the whole society the rulers and the ruled be distinct. The ruler in such a case would have to be divinely appointed or be someone who had seized power by force or nominated by an innocent imam. Through whatever means he reached the position of head of state, he would have only been bound to consult people in matters of national interest before forming his own opinion. He would not have been bound to accept a consensus or a majority opinion. Acceptance or rejection of an opinion would have rested on his discretion. He would have all the right to accept a minority opinion and reject a majority one without any hesitation.

However, the style and pattern of the words أَمْرُهُمْ شُورَى بَيْنَهُمْ (their system is based on their consultation) demands that even the head of a state be appointed through consultation; the system itself be based on consultation; everyone should have an equal right in consultation; whatever is done through consultation should only be undone through consultation; everyone that is part of the system should have a say in its affairs, and in the absence of a consensus, the majority opinion should decide the matter.

The difference in meaning of the two verses can be appreciated if the following example is kept in mind. If it is said: “The ownership of this house shall be decided after consulting these ten brothers,” then it means that only the ten brothers have the authority to make decisions and the opinion of any one of them cannot prevail over the others. If all of them do not agree on the matter, a majority opinion would be decisive. But, if the above sentence is changed a little to: “In deciding the ownership of this house, these ten brothers shall be consulted,” then this sentence only means that someone else has the final say. It will be his opinion which will be regarded as final. The only thing he must do is to consult the ten brothers before forming his own opinion. Obviously, he cannot be forced to accept the consensus or majority opinion of the brothers.

Since, in the opinion of this writer, the collective system of the Muslims is based on أَمْرُهُمْ شُورَى بَيْنَهُمْ (their system is based on their consultation), the election of their ruler as well as their representatives must take place through consultation. Also, after assuming a position of authority, they will have no right to overrule a consensus or a majority opinion of the Muslims in all the collective affairs.

Mawlana Abu al-Ala Mawdudi comments on this verse in the following words:

The words أَمْرُهُمْ شُورَى بَيْنَهُمْ (their system is based on their consultation), by their nature and scope entail five things:

First, people whose interests and rights relate to the collective affairs should be given the freedom to express their opinion, and they should be kept totally aware of the actual way in which their affairs are being run; they should also have the right to object and to criticize if they see anything wrong in the way their affairs are being conducted by those in authority and the right to change these leaders if the faults are not rectified. It is outright dishonesty to forcibly silence people or to run affairs without taking them into confidence. No one can regard this attitude to be in accordance with this verse.

Second, the person who is entrusted to run the collective affairs of the people should be chosen through their absolute free consent. Consent obtained through force and intimidation, greed and gratification, deception and fraud is no consent at all. The ruler of a country is not one who obtains this position by hook or by crook; the real ruler is the person whom people choose freely without any compulsion.

Third, people chosen for consultation should enjoy the confidence of the majority. Consequently, those who are worthy of consultation can in no way be thought to enjoy the confidence of the people in the truest sense if they acquire this position through force, extortion, fraud or by leading people astray.

Fourth, people who are consulted must express their opinions in accordance with their knowledge, faith and conscience and should have the complete freedom for such expression. If because of fear, greed or some prejudice people are led to give opinions which are against their belief and conscience, then this is disloyalty and infidelity, and is a negation of the principle of consultation.

Fifth, a decision which is made through the consensus or majority opinion of the members of the shura or which has the mandate of the people behind it must always be accepted. Because if one person or group insists on an opinion, then consultation becomes useless. The Almighty has not said: “they are consulted in their affairs”; on the contrary, He has said: “their system is based on their consultation.” Merely consulting people does not fulfil this directive; it is necessary that a consensus or majority opinion be considered as decisive in running the affairs.[1]

Before his death, the Prophet (sws) clarified on the basis of this very principle that the Quraysh would be his successors and not the Ansar:

إِنَّ هَذَا الْأَمْرَ فِي قُرَيْشٍ لَا يُعَادِيهِمْ أَحَدٌ إِلَّا كَـبَّهُ اللَّهُ فِي النَّارِ عَلَى وَجْهِهِ مَا أَقَامُوا الدِّينَ.

Our political authority shall remain with the Quraysh. In this matter, whoever opposes them as long as they follow Islam, Allah shall cast him face down in Hell.[2]

The Prophet (sws) stated thus the reason for the decision he had declared:

النَّاسُ تَبَعٌ لِقُرَيْشٍ فِي هَذَا الشَّأْنِ مُسْلِمُهُمْ تَبَعٌ لِمُسْلِمِهِمْ وَكَافِرُهُمْ تَبَعٌ لِكَافِرِهِمْ

People in this matter follow the Quraysh. The believers of Arabia are the followers of their believers and the disbelievers of Arabia are the followers of their disbelievers.[3]

Thus, the Prophet (sws) made it very clear that since the majority of the Arabian Muslims professed confidence in the Quraysh, they were solely entitled to take charge as the rulers of Arabia in the light of the Quranic directive أَمْرُهُمْ شُورَى بَيْنَهُمْ (their system is based on their consultation), and that they would be passed on the political authority not because of any racial precedence or superiority, but only by virtue of this position.

(Javed Ahmed Ghamidi)

(Translated by Dr. Shehzad Saleem)

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[1]. Mawdudi, Tafhim al-Qur’an, vol. 4, 509-510.

[2]. Al-Bukhari, Al-Jami‘ al-sahih, 1229, (no. 7139).

[3]. Ibid., 588, (no. 3495).