Majlis-i-Shūrā (The Rarliament)
According to the Qur’ānic injunction amruhum shūrā bainahum
(their affairs of state are run by their mutual consolation), the manner in
which the Muslim public shall participate in the state’s affair has been
prescribed by the Prophet (sws). It is based on the following two principles:
(1) Muslims shall be consulted in the affairs of state
through their leaders in whom they profess confidence. To quote the “Saheeh” of
Bukhari:
“When the Muslims at the Prophet’s behest consented to
free the prisoners of Hawaazin, the Prophet said: I could not know which of you
has shown his consent and which of you has not. Therefore, go back, and send
your leaders that they may inform us.” (Kitaab-ul-Ahkaam)
During the time of the Prophet (sws), the tribal chiefs
held this position of trust. The people of the tribe of Aus, Khazraj and Quraysh
professed confidence in every sense of the world in their respective leaders.
Indeed, these leaders were not elected to this position nor was an election
needed in the social conditions which existed at that time. It was in fact
because of their social status, intellect and experience that their people
turned to them in all the political and collective affairs. Before the advent of
Islam, it was their tribes’ complete faith in them which conferred this position
on them and the state continued even after they accepted Islam. However, before
accepting Islam, someone could say that they had seized power by force and not
be in a position to show his mistrust in them but after accepting faith everyone
from among the Muslim public could express infront of the Prophet (sws) his lack
of confidence in them. If they did so, no one from among the leaders could
remain on their positions.
During the Khilaafat-i-Raashidah also the position of
trust commanded by the leaders continued.
While narrating the proceedings of a shooraa during the
time of Hadhrat Umar’s rule, Qazi Abu Yusaf says:
“The people said: you should now seek formal consultation.
At this he consulted the early Mahaajireens and three existed a difference in
their opinions. Abdur Rehman Bin Auf maintained that their rights should be
distributed among them, while Hadhrat Usman, Ali, Talha and Hadhrat Ibni Umar,
were in agreement with Hadhrat Umar’s view. Then he called ten people from the
Ansaar: five from the Aus and five from the Khazraj.” (“Kitaab-ul-Khiraaj”,
Fasal fil Fai wal Kharaaj)
(2) Among the various groups present in an Islamic state
only that group shall assume its political authority which enjoys the confidence
of the majority of the Muslims. This principle has been derived from the
Prophet’s decision in which he expressed how the transfer of political power
should take place after him. Mua’wiyyah reports in Bukhari:
“I heard the Prophet (sws) saying: Our political authority
shall remain with the Quraysh. In this matter, whoever opposes them, Allah shall
cast him face down in hell until he remains on what he believes.” (Kitaab-ul-Ahkaam)
To quote “Tabraani”:
“In this matter bring forward the Quraysh and do not try
to supersede them.”
The Prophet (sws) stated thus the reason for the decision
he had declared:
“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.” (Muslim, Kitaab-ul-Imaarah)
Thus, the Prophet (sws) made it very clear that since the
majority of the Arabian Muslims profess confidence in the Quraysh, therefore, in
the light of the Qur’ānic Directive: amruhum shooraa bainahum they are solely
entitled to take charge as the rulers of Arabia, and that the Quraysh shall be
passed on the political authority not because of any racial superiority but only
by virtue of this position.
Those who have studied the history of the Arabs know that
before the advent of the Prophet (sws) the Quraysh were at the helm of the
state’s affairs and their leaders were considered as the leaders of the Arabs.
After the battles of Badr and Uhud, though several of their leaders had been
killed, yet in the capacity of a party they enjoyed the confidence of all the
Arabs. All their prominent people who had accepted faith were present in Medina
and many of them had distinguished themselves in the service of Islam. It were
these people who were there called the Muhaajireen and after the general
acceptance of faith by the Arabs had assumed the place of Utbah Bin Rabee’ah,
Shaibah Bin Rabee’ah, Abul Bukhtaree Bin Hishaam, Naufal Bin Khuwailud, Haarith
Bin Amir Bin Naufal, Tu’aimah Bin Adee Bin Naufal, Nazar Bin Al-Haarith, Zam’ah
Bin Al-Aswad, Abu Jahal Bin Hishaam, Umayyah Bin Khalf, Munabbih Bin Hajjaaj,
Suhail Bin Amr and Amr Bin Abdiwud. Now Abdur Rehman Bin Auf, Sa’ad Bin Abi
Waqqaas, Abu Ubaidah Bin Al-Jarrah, Zubair Bin Al-Awaam, Talha Bin Ubaidullah,
Ali, Uthman, Umar and Abu Bakr held the same position of general trust and
confidence as the leaders of the Quraysh did before the advent of Islam.
Due to these reasons, the fact, that the Quraysh enjoyed
the confidence of the general Muslims of Arabia and no other group which could
challenge their position existed in Arabia, was an undisputable reality, which
did not require the confirmation of a general election.
There is no doubt that as far as Medina was concerned, the
Ansaar under Sa’ad Bin Abaadh and Saad Bin Muaaz the respective leaders of Aus
and Khazraj, had more influence among the local population. They were no less
than the Muhaajireen as regards the services they had done in the cause of
Islam. They had offered their unconditional support and help to the Muhaajireen
when the latter and migrated to Medina. Together with them they fought gallantly
in the battles of badr, Uhad, Ahzaab and Hunain. The relationship of brotherhood
and fraternity they had established with them was an exceptional one.
Particularly, the way they had offered them monetary assistance---just to please
the Almighty of course---bears no parallel in history. If the Islamic State had
been confined only to Medina, it can be said with certainty that after the
Prophet (sws) they would have assumed the political authority. But after the
conquest of Mecca, when a large number of Arabs of other territories accepted
Islam, the political scene change drastically. The extent of confidence
commanded by the Muhahireen of Quraysh our-proportioned that of the Ansaar.
However, there was still a chance that under the perfectly
natural emotions of tribal affiliation and the spirit of outdoing each other in
serving Islam, they might have come out and challenged the Quraysh.
Particularly, the fact that they commanded more influence locally in Medina
might have caused them to put an undue trust in their strength. If such a
situation, God forbid, arose the Munaafiqeen (hypocrites) would have certainly
tried to benefit from it, and keeping in view the social conditions which
prevailed at that time only a war could have settled their dissension.
Therefore, the Prophet (sws) sensing that this untoward
situation might develop, decided once and for all the fate of this matter in his
own life in the presence of Saad Bin Ubaadah, the leader of the Ansaar. He is
said to have said: ‘After me the leadership (imaamat) shall be transferred to
the Quraysh.’
In the Saqeefah of Bani Saaida when the leaders of Ansaar
were delivering stirring speeches to prove their entitlement to the leadership (khilaafat)
of the Arabs, Hadhrat Abu Bakr reminded them of the Prophet’s above mentioned
decision in the following words:
“O Saad! You know very well that the Prophet (sws) had
said in your presence that the Quraysh shall be given the khilaafat because the
noble among the Arabs follow their nobles and the their unrighteous follow their
unrighteous. Saad replied: What you say is correct, we are your advisers and you
are our leaders.” (“Musnad Ahmad Bin Hambal”)
After this verification by Saad Bin Ubaadah it became
clear to those present that they had strayed from the right course in the heat
of the discussion and that the right course was only to elect their leader from
the group which had the majority in the public, that whoever would be elected
would be the khaleefah of the Muslims and it would be obligatory to obey him,
that this course had been outlined by the Prophet (sws) himself and they should
not in any case adopt a different one.
The khilaafat-i-Raashidah was also founded on the basis of
this decision declared by the Prophet (sws). When the leaders of the Ansaar
submitted to it, Hadhrat Umar proclaimed the khilaafat of Hadhrat Abu Bakr being
sure of the fact that the leaders of the Quraysh shall not differ with him and
in fact endorse his step, considering of the delicacy of the situation which had
arisen in the Saqeefah. Later, he himself stated this reason for his step and
warned the people that no one should dare present it as a violation of the
Qur’ānic principle: amrahum shooraa bainahum:
“No one among you should have the misconception that the
oath of allegiance to Abu Bakr took place suddenly. No doubt, this oath was
pledged in the this way, but the Almighty protected the Muslims from its evil
consequences [which may have arisen] and remember! There is none among you like
Abu Bakr whose greatness cannot be surpassed. Now if a person pledges an oath of
allegiance to someone, without the opinion of the believers, no one should
pledge allegiance to him as well as to whom he [himself] pledged allegiance
because by this both of them shall present themselves for execution.” (Bukhari,
Kitaab-ul-Hudood)
At the time of the death of Abu Bakr also, the general
confidence enjoyed by the Muhajireen of the Quraysh persisted. Since no other
tribe of the Arabs including the Ansaar had challenged this position, they
continued to hold their position of authority, and there was no need to turn to
the general public in this regard. Therefore, the leaders of the Muhajireen of
the Quraysh nominated Hadhrat Umar as the new Ameer-ul-Momineen, and both the
Ansaar and Muhajireen---the two big tribes of the Muslims---accepted the
appointment. Consequently, without any difference of opinion, Hadhrat Umar, in
direct accordance with the Islamic constitution, assumed the position of
khilaafat. Ibni Saad reports:
“When ill-health overtook Abu Bakr and the time of his
death approached, he summoned Hadhrat Abdur Rehman Bin Auf and said: ‘Tell me
about Umar Bin Khattaab’. Abdur Rehman replied: ‘You are asking me about
something of which you know better’. Abu Bakr said: ‘Although [this is corrcet
yet I want your opinion]’. Abdur Rehman answered: ‘By God! he is even better
than the opinion you hold about him’. Then he [Abu Bakr] called Uthman Bin
Affaan and asked him: ‘Tell me about Umar Bin Khattaab’. Hadhrat Uthman replied:
‘You know him better than us’. Abu Bakr said: ‘Still! O Abu Abdullah! [I want
your opinion]’. [At this] Hadhrat Uthman answered: ‘Indeed, in my opinion his
innerself is better than his outer and no one among us can parallel him.” (At-Tabaqaat-ul-Kubraa,
Vol 3, Pg 199)
Ibni Sa’ad mentions that Abu Bakr besides these two
consulted all the big leaders of the Ansaar and Muhajireen:
“And he, besides these two, consulted Abul Awar Saeed Bin
Zaid and Aseed Bin Al-Hudhair as well as other big leaders of the Ansaar and the
Muhajireen, so Aseed said: ‘Indeed after you O Abu Bakr! I consider him the
best. His inside is better than his outside. No one is more suited to bear the
burden of this khilaafat’.” (“At-Tabaqaat-ul-Kubraa”, Vol 3, Pg 199)
After this Ibni Saad reports that some people differed
from Abu Bakr’s opinion but he satisfied them. He then called Hadhrat Uthman and
said:
“Write: In the name of Allah the Most Gracious, the Ever
Merciful. This is the will of Abu Bakr Bin Abee Qahaafa which he made at the end
of his worldly life, when he is about to leave it and at the beginning of his
next life when he is about to enter it, at a time when disbelievers accept
faith, the wicked express belief and liars speak the truth. I make Umar Bin
Khattaab your khaleefah. Therefore, listen and obey him.” (“At-Tabaqaat-ul-Kubraa”,
Vol 3, Pg 200)
This letter was sealed. According to Hadhrat Abu Bakr’s
directive, Umar Bin Khattaab and Aseed Bin Saeed accompanied Hadhrat Uthman
while he took the letter out to the people and said:
“Will you pledge allegiance to the person in whose favour
a will has been made in this letter. The people said: Yes.” (“At-Tabaqaat-ul-Kubraa”,
Vol 3, Pg 200)
Ibni Saad reports:
“All accepted and agreed to pledge allegiance to Hadhrat
Umar. Then Abu Bakr called Umar in solitude and gave him whatever advice he
wanted to.” (“At-Tabaqaat-ul-Kubraa”, Vol 3, Pg 200)
When Hadhrat Umar was severely wounded and his death
looked imminent the political situation was still unchanged. The Muhajireen of
Quraysh still enjoyed the majority mandate of the Muslims. Therefore, according
to the Islamic constitution only an election of a leader by the majority group
was required. The people who held responsible positions asked Hadhrat Umar, as
reported by Ibni Saad:
“Will you not leave a will for us? Will you not appoint
khaleefah for us? (“At-Tabaqaat-ul-Kubraa”, Vol 3, Pg 343)
Hadhrat Umar, however, adopted another way: Instead of
appointing a khaleefah by consulting the shooraa members as done by Hadhrat Abu
Bakr, he entrusted the matter to six big leaders:
“I have deliberated on the matter of Imaamat-i-Aamah (khilaafat)
and have reached the conclusion, that there is no difference among the people in
this affair as far as it is one of you. If there is any difference, it is within
you.
Therefore, this matter is entrusted to the six of you---Abdur Rehman, Uthman,
Ali, Zubair, Talha and Saad.” (“At-Tabaqaat-ul-Kubraa”, Vol 3, Pg 344)
He further said:
“Rise, and make anyone amongst yourselves as the Ameer.”
(“At-Tabaqaat-ul-Kubraa”, Vol 3, Pg 344)
However, since there was a chance that some miscreants
might create disorder or that these six might prolong matters, Hadhrat Umar
appointed Ansaar as the custodians over the six because, being a majority group,
they were not a party to the whole affair.
Ibni Saad narrates through Ans Bin Malik:
“Umer Bin Khattaab just before his death summoned Abu
Talha Ansaari. When he arrived Hadhrat Umar said: Abu Talha take fifty men from
your tribe Ansaar and go ye to these people of the shooraa. I reckon they will
be gathered at the house of someone amongst themselves. Stand at their dooe with
your comrades and let no one go inside and do not give them more than three days
for electing a leader.” (“At-Tabaqaat-ul-Kubraa”, Vol 3, Pg 364)
Ibni Saad reports that when all of them had assembled,
Abdul Rehman Bin Auf opined that three of them should withdraw themselves in
favour of three others. Consequently, Zubair withdrew in favour of Uthman and
Abdur Rehman Bin Auf respectively. Then he asked Uthman and Ali to give him the
right to decide: When both agreed, he said to Ali:
“You have the honour of being among the earliest who
accepted Islam as well as being a relation of the Prophet of Allah. By God! If
you are entrusted with khilaafat promise that you will rule with justice and if
Uthman is made the khaleefah you shall listen and obey him.” (“At-Tabaqaat-ul-Kubraa”,
Vol 3, Pg 339)
After Hadhrat Ali agreed he turned to Hadhrat Uthman and
repeated what he had said; When both showed their assent he said:
“O Uthman! extend your hand!” when he did Hadhrat Ali and
others pledged their oath of allegiance.” (At-Tabaqaat-ul-Kubraa”, Vol 3, Pg
339)
There can be two opinions about the khilaafat of Hadhrat
Ali. This difference however, is not about any basic principle, but in the fact
that whether the Muhaajireen of Quraysh elected their leader with freedom or
were they forced to do so. This discussion is irrelevant to our topic.
Therefore, even if it is left out the fact remains that throughout the period of
the Rightly Guided Caliphate power remained with those who commanded the
majority support of the Muslims ie the Muhaajireen of Quraysh and that their
prominent leaders elected the Ameer. This also is a reality that all the four
Caliphs were elected basically by the same principle. They were elected from the
leaders of the majority group and all the leaders of the other groups were also
consulted in this election. The only difference is that when they agreed on
Hadhrat Umar, Hadhrat Abu Bakr himself enforced this decision and Hadhrat Umar,
when he found that their difference was about six big leaders, entrusted the
responsibility of electing one from among the six on the six person themselves.
From this discussion it is evident that:
(1) In an Islamic state the existence of political parties
is perfectly legal and in fact they are an important constituent of its
political system.
(2) I today elections are held to ascertain which party
enjoys general support, then it will be totally in accordance with Islam.
(3) The president of an Islamic State should not be
elected directly by the general masses, instead his election should take place
in the parliament through their representatives (the dignatories of the
society).
Translated from Ghamidi’s “Meezaan”)
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