Article 108
*Shura* (consultation) and *Mashwarah* (deliberation) is the taking of opinion in its absolute meaning, and it is not binding in legislation, definitions, and nor intellectual issues such as disclosing facts, nor technical and scientific issues; and it is binding when the *Khalifah* consults in any operational issue and the actions that do not require research and deep examination.
*Shura* is from the verb *shawara*, which is to seek opinion and consultation, and it is said I sought *Shura* from him – is to seek *Mashurah* for him.
*Shura* and *Mashurah* have the same meaning as *Mashwara*. In *Lisan Al-‘Arab* it mentioned: it is said So and so is good *Mashurah* and *Mashwarah*, in two dialects. Farraa’ said: *Al-Mashura* comes from *Mashwarah*, and then it became *Mashura* for the sake of ease. And Al-Layth said: *Al-Mashwara* is on the form *Mafa’la* derived from *Al-isharah*, and it is said: *Mashura*, which is *Shura* and *Mashura* and similarly *Mashwarah*, and you say ‘I did *Shura* with him in an issue, and I sought *Shura* from him’, and it is mentioned in *Mukhtar Al-Sihah*: *Al-Mashwarah* is *Al-Shura*, and also *Al-Mashurah*, we say from it ‘*Shaawarahu* (I did *Shura* with him) in an issue, and I sought *Shura* from him’, with the same meaning.
The origin of the legitimacy of *Al-Shura* is the order of Allah (swt) to His Messenger ﷺ to seek consultation with the Muslims when He (swt) said:
﴿ وَشَاوِرْهُمْ فِي الْأَمْرِ ﴾
“And consult them in the matter.” (TMQ 3:159), and this indicates a request, and the indication that came with this request, which are reported in the texts, indicates that this is a request for something recommended. These texts are:
1. Allah praises *Shura* through his praise of the believers, by making the issue of *Shura* linked to them:
﴿ وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ ﴾
“And whose affair is [determined by] consultation among themselves.” (TMQ 42:38).
2. The Messenger of Allah ﷺ would often consult (take *Shura*) from his companions in many issues, which indicates the extent of his ﷺ concern to do it and how he ﷺ considered it important and useful and to teach the Muslims after him ﷺ to be careful to undertake it. Al-Tirmidhi reported from Abu Hurayrah:
« \text{مَا رَأَيْتُ أَحَدًا أَكْثَرَ مَشُورَةً لِأَصْحَابِهِ مِنْ رَسُولِ اللَّهِ ﷺ} »
*“I did not see anyone who took Shura (Mashura) from his companions more than the Messenger of Allah ﷺ”.*
3. The order of Allah (swt) to His Messenger ﷺ to conduct *mashawara* (consultation) with the believers, when He (swt) ordered him ﷺ to be kind and remissive towards them, and to seek forgiveness for them, when He (swt) said:
﴿فِيمَا رَحْمَةٌ مِّنَ اللَّهِ لِبَنِيْ لُؤْئِمٍ وَلَوْ كُنتَ فَظًّا غَلِيظَ الْقَلْبِ لَا نَفَضُوا مِن حَوْلِكَ فَاعْفُ عَنْهُمْ وَاسْتَغْفِرْ لَهُمْ وَشَاوِرْهُمْ فِي الْأَمْرِ﴾
“So by mercy from Allah, [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter.” (TMQ 3:159).
Accordingly the origin of the rule of *Shura* (consultation) is that it is recommended.
However, when the *Khalifah* consults the *Ummah* Council, he must adhere to the opinion of the majority in practical affairs that do not require research and deep consideration, such as the internal affairs of the state linked to ruling, education, health, trade, industry, agriculture, and so on, and in the same manner when he is held accountable for actions which are being practically undertaken from these affairs and actions. This is derived from when the Messenger of Allah ﷺ left his ﷺ own opinion for the opinion of the majority in the issue of leaving Madinah to meet the army of the idol-worshippers in the battle of Uhud. This is despite the fact that the opinion of the Messenger ﷺ and the senior companions was to remain in Madinah and not to leave. It is also derived from his ﷺ words to Abu Bakr (ra) and Umar (ra)
﴿لَوْ اجْتَمَعْتُمْ فِي مَشْهُرَةٍ مَا خَالَفْتُمْ﴾
*“If the two of you agree on an issue I consult you on (Mashura) I will not differ with you”* (as reported by Ahmad with a *Hasan* chain from ‘Abd Al-Rahman Bin Ghanam Al-Ash’ari).
Whereas if the *Khalifah* consults the Council on anything else, such as consulting them on technical and conceptual issues that require research and deep consideration, or the affairs of war, insight and strategy, then the opinion of the majority is not binding and the *Khalifah* retains the right to make the decision. This is derived from the Messenger of Allah’s ﷺ acceptance of the opinion of Al-Hubab Bin Al-Munthir in specifying the place for the battle of Badr and not paying attention to the opinions of the companions; rather he ﷺ did not even consult them regarding it. And it is also based upon the rejection of the opinion of the companions by Abu Bakr (ra) in regards to not fighting the apostates and those who withheld their *Zakah* at the beginning of his *Khilafah*. In the same manner, when the Council holds the *Khalifah* accountable for an action that has already been practically carried out, the majority opinion is not binding.
Likewise, the opinion of the people is not sought regarding legislation, since the legislation is from Allah (swt) and not the people and consultation (*Shura*) in what Allah (swt) has legislated is only within the permitted (*Mubah*) issues, since in issues other than the *Mubah* there is no choice, rather it is compulsory to accept what is reported of obligations, recommended and disliked issues, or that which is prohibited. Therefore, the actions that there is consultation in are only those that fall under the permitted (*Mubah*) acts.