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The Shura principle in Islam (2)

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Next comes the concept of khilafah, which means God's delegation of authority to the ummah to maintain peace, justice and prosperity on earth. The concept is universal in that every individual member of the ummah is legally obligated to ensure the proper execution of the delegated authority. Representative governance, through which alone this collective obligation can be properly fulfilled, thus becomes constitutionally mandatory in Islam.

Absolute, cosmic sovereignty belongs to God, but sovereignty on earth He has delegated to the ummah, the people, through the mandate of istikhlaf. By collectively enjoining the right and forbidding the wrong, the ummah would move ahead, achieving unprecedented heights in human development.

Third is the precept of bay'ah, basically a form of electing or confirming the khalifa, or the chief executive. It is comprised of two steps. The first step is called bay'ah khassah, and it is tantamount to a nomination process through private consultation. The second step is called bay'ah a'mmah, that is popular acceptance of the nominee. Since acceptance was expressed by handshaking with the khalifa-designate, those dissenting were free to withhold the handshake. Thus dissent is recognized as a political right.

We now come to the fourth and central constitutional principle of shura. It is important to make two observations here. The first is that the etymological form of shura, derived from the root shawr, or advice, means mutual consultation in its widest scope  a collective deliberation in which all parties are exchanging counsel. The term Shura, as such, is to be distinguished from the term, Istisharah, which means one side seeking counsel from another, and from the term tashawur, which means mutual consultation but on a lesser scale than that envisioned in shura as a nationwide participatory political exercise. For instance, in my country, Oman, the present assembly was first named al majlis al istishari, and only several years later renamed as majlis al Shura, thereby claiming a more democratic posture.

The second point to observe is that, in the context in which the term has been used in the Qur'an, Shura consultation is predicated on equality among those consulting in order to arrive at a collective decision. This clear Qur'anic depiction of the shura as essentially a decision-making process among equals has to be distinguished from the notion that depicts shura as merely an optional exercise in the seeking of non-binding counsel by the ruler, acting from a superior position, from those of his subjects with whom he may choose to consult. This rather disparate version of shura, claimed by the rulers and conceded by the clergy has historically co-opted real shura, thereby condemning Muslim and Arab political life to centuries of despotic rule. However, current Islamic scholarship is showing increasing inclination to restoring shura to its full-fledged legitimacy in the Muslim public life.
A fifth precept is that of wikalah, which means representation, basically a legal construct according to which one may appoint a deputy for acting on one's behalf concerning matters in which representation is valid. In the constitutional context, it can mean electing deputies to represent the electorate in the affairs of governance.

Rules of Political Representation in Islam
Furthermore, there are the two legal rules of kifayeh and wajib which further define the principle of political representation in Islam. According to the rule of kifayeh, human obligations are classified in two broad categories: personal and collective. Personal obligations that cannot be delegated to another person, such as paying zakat (obligatory charity) are referred to as fard-ayn. Collective religious and social obligations that can be delegated, are termed fard-kifayeh. Political representation belongs to this second category, and as such becomes an Islamic obligation.

The rule of wajib, that is, obligation, in essence means that any measure or device necessary to the fulfillment of enjoined Islamic obligations becomes itself a religious obligation, provided, of course, that such a measure of implementation itself is legally correct. Since government by mutual consultation is an obligation in Islam, and since it is practically impossible for the entire populace to attend directly to the daily affairs of the state in order to fulfill this obligation, the creation of a permanent representative body on behalf of the members of the ummah becomes an Islamic requirement.

The ideas of constitutionalism and representative governance are well rooted within the Islamic socio-political perspective
There is finally the right of exercising civil disobedience when the ruler is found to be in violation of some basic precept of Islam. In the constitutional context, where peacefully possible, this calls for abrogation of the bay'ah, a measure that is tantamount to impeachment and dismissal from office. This right was expressly affirmed by the first Khalifa, Abu Bakr Al Siddiq, upon being confirmed by consensus as successor to the Prophet. He said, addressing the community present in the Madinah Mosque: "I have been given authority over you, but I am not the best among you. Obey me so long as I obey God in the administration of your affairs. Where I disobey God, you owe me no obedience."
Upholding this very principle, the second Khalifa Omar said: Where I do right, assist me; where I do wrong correct me.

Thus, the ideas of constitutionalism and representative governance are well rooted within the Islamic socio-political perspective. They have their basis not only in Islam's ethical imperatives of justice, equality, and the dignity of the human being, but also in its well-established legal precepts. Granted that these precepts have traditionally been narrowly defined, and historically hardly ever applied after the first four khalifas, they have never been openly challenged or denied by either the ruling regimes or the traditional schools.

Recent Islamic scholarship has tended toward a broader understanding of these precepts and in some cases has in fact offered broader constructions. For example, since Muhammad Abdou, Rashid Ridha and others expounded their reformist ideas in Egypt a century ago, not only has the authenticity of shura come to be more widely recognized, but the scope of its application has come to be viewed as essentially at par with that of modern democratic systems, incorporating all the main elements thereof, such as people's sovereignty, popular elections, separation of powers with built-in checks and balances, political pluralism, legal opposition, and freedom of speech.

Islam and Democratic Governance
Let me now pose the question: Must Muslims look for a specifically Islamic basis for adopting democratic governance?
In my considered judgment, the answer may well be yes, for at least two reasons.

The first reason is that, for Muslims, the religious dimension of existence extends to encompass the whole of life. As such, all issues of social, economic or political significance must ultimately be related to the basic Islamic conceptions and shown to be in accord therewith in order to gain unreserved public acceptance and support.
Conversely, the most damning thing that can be said about a proposed policy or direction is that it is in contradiction with Islam. When the Islamic outlook on science in the earlier part of this century was still generally negative, Muslim reformers moved to prove from the Qur'an that all knowledge was essentially from God, and that science was a faculty that God required Muslims to achieve. When modern education was suspect, particularly for girls, the reformers authentically reminded the recalcitrant of the Prophet's injunction: "Learning is an obligation for every Muslim, male or female."

Islamic egalitarian principles have been frequently invoked in protest against tyranny, corruption, exploitation and greed
More recently, through proper ijtihad, that is, scholarly deliberation, significant legislative reform has been enacted in some Muslim societies concerning personal and family law, an area where reform has historically been very difficult to achieve. In the political and economic fields, in the absence of established constitutional constraints, Islamic egalitarian principles have been frequently invoked in protest against tyranny, corruption, exploitation and greed.

Sadek Jawad Sulaimanis the former Ambassador of Oman to the United States. He has spoken about Shura to a number of audiences including at Al-Hewar Center, The School of Islamic and Social Studies, and American University

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