Fatwa ID: 05515

Answered by: Alimah Sofia Mirza

Question:

I had an individual tell me that in the running of a religious institute/movement the concept of having an Ameer and shuraa is closer to the sunnah than having a shuraa in which a responsible brother to decide is selected during each mashwarah. Please could you clarify if this blanket judgement/conclusion is correct to make consideringQuraan and Hadith?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

The concept of shuraa is a significant part of Islam and has been mentioned in the Quran in the verse “and who respond to [the call of] their Sustainer and are constant in prayer; and whose rule [in all matters of common concern] is consultation among themselves” [1], Ibn Kathīr has mentioned that consultation in the important affairs of the state is compulsory and we as Muslims are ordained to consult wise and far-sighted people for taking action in important matters [2]. In direct response to your question, the shuraa and Amir both correspond with each other as the Amir will also consult with the shuraa before deciding a matter and he himself has been selected by the collective opinion of a group of Muslims and hence his decisions will not be his single opinion only and both scenarios you have mentioned are one and the same.

The evidence of such has been mentioned below:

Khatib Baghdadi has narrated the following statement of Hadhrat Ali “I asked the Prophet that if after you we face a situation about which neither the Quran has specific ruling, nor have you given any direction how we should proceed?” the Holy Prophet replied by saying: “In such a case assemble the Aa’bideen (the worshipping people) of my Ummah and decide the matter by mutual consultation; do not take the decision of any individual’s single opinion.”

Bayhaqi has narrated in Shu’abul-ul-Iman from Ibn Umar that the Holy Prophet has said: “Anyone who intends to do something, and he takes that action after consultation, Allah would guide him towards the best possible option” It means that he will turn that person’s direction towards an opinion that results in his betterment. [3]

Hence the shuraa which includes the Amir will be the best method of making important decisions and not a single individual’s opinion which may contradict the opinion of the shuraa.

Only Allah knows best

Written by Alimah Sofia Mirza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Quraan 42:36,

وَٱلَّذِينَ ٱسْتَجَابُوا۟ لِرَبِّهِمْ وَأَقَامُوا۟ ٱلصَّلَوٰةَ وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ وَمِمَّا رَزَقْنَـٰهُمْ يُنفِقُونَ

[2] Maariful Quran,Maktabah Darul Uloom Karachi, Vol 7, Pg.697-699.

[3] Ibid.