"It was not long after I became leader that I made a statement saying that all the Masajid are autonomous. That means that the local leaders are responsible to their congregations and not responsible to me. And that they lead their congregations with the support of their congregations.
They don't have to check with any other authority, whether it be another Masjid or whether it be their leader, Imam W. Deen Mohammed.
I won't accept to run their Masjid for them. That has been my position since the day I became leader. I regard all of the independent organizations in that same way."
*Special thanks to Imam Faheem Shuaibe for his contribution to the research on shuraa
Adapted from The Islamic Rules for Masjid Participation
*Special thanks to Imam Faheem Shuaibe for his contribution to the research on shuraa
THE OPERATION OF SHURAA
Shuraa should be viewed in light og the Qur’an and life example of Muhammad the Prophet for the correct understanding of its importance, function and placement within the structure of the corporation. Shuraa is basically a decision making process – consultative decision making, the denotes engaging in mutual consultation or mutual decisions regarding a particular matter, i.e. taking peoples opinion.
Daleel/Islamic Rationale for Shuraa
“Say: “O Allah! Lord of power and rule thou givest power to whom thou pleasest, and thou strippest off power from who thou pleasest; thou enduest with honor whom thou pleaseth, and thou bringest low who thou pleasest: in thy hand is all good. Verily, over all things thou hast power.” (Holy Qur’an 3:36)
“All power is Allah’s. The real source of sovereignty is the will of Allah as manifested in the ordinances of Shariah.” (The State and Government is Islam P.39)
“Then we put you on a straight path (Sharee’ah) in your affairs, so follow it and do not follow the desires of those who have no knowledge.” (Holy Qur’an 45:18)
1.) WHAT IS THE STATUS OF THE IMAM WITH REGUARD TO THE STRUCTURE OF AUTHORITY IN THE ISLAMIC COMMUNITY.
A. “When the Amir has been duly elected, he may be considered have received a pledge of allegiance (Bey’ah) from the whole community – this is, not only from the majority that had voted for him but also from the minority whose votes had been cast against him; for in all communal decisions not involving a breach on any shar’i law, the will of the majority is binding on every member of the community”. (The State and Government in Islam P. 69)
B. “The government or the ruler is the representative of the members and is chosen by them in any manner they approve, but he does not derive authority from them. He derives his authority from obedience to the law of Allah, to which both the ruler and the ruled are morally and legally bound to fulfill there obligations to Allah. The ruler is bound to administer the law of Allah, and the members are bound to support him and co-operate with him as long as he is observing the divine code. If the ruler deviates from the law of Allah he loses his right to support and co-operation from the members. If the members or any individual fails to give him such support and co-operation, they are committing an offence against the administration as well as against Allah”.(Encyclopedia of Seerah Vol 1. P735).
C: THE PROPHET SAID
i. If any sees in his amir something that displeases him, let him remain patient; for, behold, he who separates himself from the united community by even so much as a hands pan and dies thereupon, has died the death of the Time of Ignorance.” (Bukhari and Muslim on the authority of A’bdullah Ibn Amir)
ii. “The best of your leaders are those who you love and whom love you, those upon whom you invoke blessings and who invoke blessings upon you; the worst of your leaders are those whom you hate and they hate you, those whom you curse and who curse you.” We asked: “O Apostle of Allah! Should we not overthrow them. If such is the case?” He replied “No, so long as they uphold prayer among you.” (Muslim on the Authority if ‘Awf IBN Malik As-Ashjat).
2.) BY WHAT PRINCIPLE MUST THE ISLAMIC COMMUNITY BE GOVERNED?
A. “…And consult with them (ashuruhum) in affairs (of the moment). Then when thou has taken a decision, put thy trust in Allah. For Allah loves those who put their trust in him.” (Holy Qur’an 3:159).
B. “Ibn Kathir reports on the authority of Ali ibn Abi Talib that the Prophet (pbuh) was asked about “the decision” (al-azm) mentioned in the Qur’anic verse. “… and take counsel with them in all matters of public concern, then when you have decided upon a course of action place your trust in Allah..” (Ali-Imram: 159). The Prophet (pbuh) replied that it means “taking the counsel of those who are known form their good opinions and then following it.” (THE STATE AND POLITICS AD ISLAM P. 77).
C. “Mutual consultation in worldly matters may be on important issues, like the public policy of the state, marching of the arm, declaration of war, contraction of treaties and things like that. Mutual consultation need not be in everything including minor affairs and details. Because this is neither possible not reasonable. There is no need for it, no advantage in it nor any authority to support it”. (The Individual and The Sate P. 35-36).
E. “Government by consultation is a basic Islamic requirement so much so that a chief executive or head of tha state, if he unfetters himself from the need for consultation or takes counsel from those who are not fit to give him counsel from the point of view of the Shari’ah of Islam, has to be removed of necessity.” (Ma’Ariful Qur’an, Volume 2, P. 235.)
F. “By making consultation mandatory, the blessings that would benefit the Islamic state and its citizens could be measured by what the Holy Prophet said about consultation. Ibn Adi and Al-Bahaihaqi have reported from Sayyidina Ibn Abbas that when this verse was revealed, the Holy Prophet said: Allah and His Messenger do not need this consultation, but Allah Almighty has certainly made it a source of mercy form my community (Bidyan Al=Qur’an.” Ma’Ariful Qur’an Volume 2, P. 235.)
3.) HOW IS THE MUTUAL CONSULTATION TO BE CONDUCTED?
A.) “The authentic precedents in the traditions of the Prophet (pbuh) indicate that the people to be consulted can sometimes be the general masses, as in the case of consultation by the prophet about leaving medina for Uhad, and sometimes they can be all the Muslims present at the time of consultation and concerned with the topic like the question of the booty of Hawuzin. Sometimes, they can be the leaders of their people as in the case of Ghatfan, because Sa’ad Ibn Ubadah and Sa’ad Ibn Mu’adan were among the chiefs of the leaders of the Ansars. Some other times the people to be consulted can be some of the Muslims as in the case of the captives of Badr. In light of these precedents, we can say that the people who are to be consulted by the head of the state differ depending on the topic of consultation. If it is a matter of great public importance related to all people, it will be his duty to consult the whole community or consult only the representatives of the community. If it be a problem requiring some sort of knowledge and sound opinion, then he will consult only the specialist”. The Islamic law has not formed a defined mechanism for the mutual consultation. This is one of its merits and a safeguard for the future because the realization of shura in practice will differ according to the difference in time and place. Leaving it to the community to organize it according to the needs and circumstance, is the most stable method for shuraa.” (The Individual and The State P.36-39> 4.) WHAT IS THE OPERATING PRECEDURE OF THE MAJLIS ASH-SHURA?
A. Whenever the interest of the community call for a legislative enactment, the Majlis must first look into the context of the Shari’ah for a guiding general principle of law bearing on the problem under consideration. If such a principle is forth coming, it falls within the scope of the legislature to draw up an enactment in consonance with the established shar’t principle. But very often the Majlis will be confronted with problems on which the Shar’I is silent: problems, that is, for which neither detailed rulings nor even a general principle have been formulated in the Nusus. In such instances it is for the Majlis to devise the requisite legislation taking only the spirit of Islam and the community’s welfare into consideration. All this presupposes, of course, of a good working knowledge of the nusus of the Qur’an and the observes practice (sunnah) of the Prophet (pbuh), but are also people of understanding and insight (Uhu’l-Albab), alive to the sociological requirements of the community and worldly affairs in general: in other words, education and maturity are indispensable qualification for elected to the Majlis Ash-Shara.
5.) HOW DID THE PROPHET (PBUH) IMPLEMENT SHURAA?
A. “The Prophet (pbuh) always consulted his companions on matters of state, though it was his prerogative, accorded to him by the Qur’an (3:159), either to accept or reject the counsel given by his advisers.”
B. How many did he consult with?
i. At Badr he only consulted close companions and the leaders of the Muhajirs and the leaders of the Ansars.
ii.At Uhad he consulted the general Ummah
iii.At the execution of an instigator of war against the Muslims he consulted only the elders of the Ansar
iv.At the battle of the Trench he consulted 4 companions about how to proceed and conclude the war
v.At the appointment of the emissary to the Treaty of Hudaibiyah he only consulted Omar (ra)
vi.On the strategy for the campaign at Khaybar he accepted toe advice of Abu Bakr (ra)
vii.On the decision to send and expedition to Al-Jinab consulted only Abu-Bakr and Omar (ra)
viii.In the matter of the slander of Aisha he consulted his close companions on several occasions but did not accept their advice.
“In view of these facts it is reasonably safe to assume that in other cases two consultations were generally held, notwithstanding the fact that the final decision was the prerogative of the Prophet.” (P. 214-220) – (Organization of Government Under the Prophet.) C.What happens when opinions differ on a certain matter? i. “From the Holy Qur’an and Hadith and from the constant practice of the noble prophet and his companions, it cannot be proved that the Amir of Muslims, their head of state is hopelessly bound by the decision of the majority. On the contrary, some hints from the Qur’an and clarifications from the Hadith and practice of the Companions make it very evident that the Amir can, in the event of a difference of opinion, use discretion and go by any of the several courses of action, irrespective of the fact that it comes from the majority or the minority. There is no doubt that the Amir will do his best to look into other opinions as well to satisfy himself fully, but should the majority come to agree on one opinion, this could, at times, become a source of satisfaction to him. (Ma’Ariful Qur’an Volume 2, P.
Response to the Objection – “But the Resident Imam of the Masjid is not the Prophet!
On 12-21-97 addressing “Imam effectiveness” Imam W. Deen Mohammed said –
“Brother Imams we who are in the position of Imams are supposed to be serving the office of the Muhammad (pbuh), he was the first Imam for us and we are suppose to be serving the office of the Prophet (pbuh). So to know what our role is in that office we have to study the Word of G-d, the Qur’an, and Prophet Muhammad’s life to know what our role is. Imam doesn’t men rabbi, preacher, priest of minister. Imam means a leader following the office of Muhammad the Prophet.”
“Lexically, (uli’l-amr) (translated here are those who are charged with authority) refers to those in whose hands lies the management and administration of something. Therefore, Sadiyinnah Ibn Abbas, Mujahid and Hasan al-Basri the earliest commentators of the Qur’an, may Allah be pleased with the, have said that Uli’l-amr fittingly applies to scholars and jurist since, they are the succeeding deputies of the Holy Prophet(pbuh) and the proper regulation of religion are in their hands.” (Ma’Riful Qur’an pp. 475)
6.) HOW WAS SHURA IMPLEMETED BY THE SUCCESSORS OF THE PROPHET (PBUH).
A.) Hadrat Abu Bakr
“Hadrat Abu Bakr (ra) … On every occasion he decided matters after due consultation with eminent companions. “… There was a special (Council of Advisors) for this purpose. Although the selection or the election of such council did not take place after public voting, but the prominent figure included in the “Shura” were the most popular persons in the public. “…The membership of the “shura” was not based upon color, race wealth or worldly power; it was based upon services rendered to Islam, closeness to Allah and his Prophet (or course closeness to Allah was based on closeness to the Prophet)…”
“Ibn-ISA’d has recorded that whenever Hadrat Abu Bakr faced a problem, he called eminent Muhajir and Ansar and the following people (i.e., The following people were the prominent members of the “shura”): Hadrat Umar, Uthman, ‘Ali, “Abdur-Rahman bin Thabit (ra). On special occasions common consultation tool place in which all prominent Muhajir an Ansar (i.e., Companions were called besides to above mentioned personalities. But generally only the above mentioned companions) were called for consultation.” (The Pious Caliphs P. 58).
B.) Hadrat Umar (ra)
The Prophet (pbuh) said ‘among the nations before your time there has been inspired people (who were not prophets), and if there is one among my people he is “Umar”. (Bukhari and Muslim).
“with ‘Umat (ra) there were three main types of “shura” the first consisted of very prominent companions like. Hadrat Uthman, ‘Ali, Abdur-Rahman Ibn ‘Auf, Mu’adh bin Jabal, Ubayy bin Ka’ab, Zaid bin Thabit, Talha and Zubair (ra). They were permanent members of the “shura”. All the important matters were decided in consultation with these persons. This “shura” could be named as the Higher Advisory Council. The second shura was the general advisory council which consisted of many companions from amongst the Ansar and Muhajirin (ra). The companions who participated in the battle of Badr were given priority in the “shura”. In this “shura” wew also included the chiefs of various clans and tribes.
C.) “The third type of “shura” ranked in between the higher and the general advisory councils. It consisted of some selected companions among the Muhajirani and Ansar. Matters of specials interest were put before this “shura”. Since the special “shura” (very prominent and popular companions) comprised only few members there was no special way to call it. The way to call the general council of advisors was that a man used to call the following words loudly: “As-Salatu Jamiah,” in the Prophet’s mosq from a high place. Hearing this call the people would know that a meeting of the “shura” has been called and assembled in the mosque. Hadrat Umar (ra) first of all offered two raka’at nafl (optional) salat and them put the matter before the “shura”. Every person was allowed to give his opinion. Decisions were usually taken on the basis of unanimity or sometimes by majority. But the Khalifah was not bound to accept the decision of the majority. In the interest of Islam and The Muslims he could use the power of veto if he considered it proper. (The Pious Caliphs p. 100-101).
