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Sunday, October 14, 2012

Shura is an important pillar in constitutional law.

Q. What is the silent features of Islamic system of Shura?
Q. Shura is an important organ of an Islamic State.Define and dicuss its role under the Islamic Constitutional Law. (Annual.2001)
Q. Discuss the importance and role of Surha in an Islamic state in the light of Quranic verses. Support your answer with the practice of the Holy Prophet (PBUH) and Kuhlafa Rashideen.(Supply.2001)
Q. Discuss the importance and role of Surha in an Islamic state in the light of Quranic verses. (2001, 2003/A)
Q. Discuss the characteristics of Islamic system of Shura. (1994, 1996, 1997, 1998, 2005/S)
Q. Discuss the role of Shura in Islamic state. (2005/A)
Q. Shura plays an important role in an Islamic state discuss in detail (2006/S)
1. Introduction

Islam has given a method to hold consultation among the Muslims for administrating their affairs of Govt. there is place and a very important one, for shura or counsel in the Quranic state. Shura is one of the most important institution of Islam and regarded as source of expression of public opinion.
2. Meaning of Shura
“Shura is a body of representatives of Muslims community, who assemble for consultation with each other to reach on a decision for running the business of Govt.”
3. Importance of Shura in Islamic state
(I) According to Quran

Following verses of Holy Quran shows the importance of Shura system.
“And consult with them upon the conduct of affairs.”
“The affairs of state are run by their mutual consultation.”
(II) According to Ahadiths
“Hazrat Abu Hurairah narrated the practice of the Holy Prophet (Peace be Upon Him) “I have not seen anybody who could excel the prophet in consultation from companinons.”
Hazrat Ayesha (R. A) says:
“ I have not seen a person consulting the people more than Holy Prophet (Peace be Upon Him). If Abu Bakar (R.A) and Umar (R.A) got together on an opinion. He would not go against that.”
4. Types of Shura
During the period of Caliph Umar (R. A) there were two types of Shura.
(I) Shura Aam
It was consisted of the people from the general public.
(II) Shura Khas
It was consisted of eminent companions.
5. Person who may be elected as Shura members
Following persons may be elected as members of Majlis-e-Shura.
(i) Persons who enjoy the masses.
(ii) Whose sincerity, ability and loyalty is above reproach in the eyes of the public.
(iii) Whose participation in the major decisions of the state would itself reflect that free and willing cooperation of the masses is available to the state.
(iv) Whose character is distinguished in the state.
Quran says:

“The most honoured of you in the sight of God the most pious among you.” (Surah-Al-Nisa: 83)
6. Duty of Majlis-E-Shura
It is the duty of the members of the Shura to give best opinion according to their wisdom Holy Prophet (Peace be Upon Him) says:
“The man who gives counsel to his brother knowing fully well that is not right does most surely betray his trust.”
7. Characteristics of Shura
Following are the important characteristic of Shura system.
(I) Will of God
Shura is subject to the will of God.
(II) Compulsory
Principle of Shura is compulsory and is required by sharaih. An Islamic state must consult its subjects in all important affairs.
(III) Freedom of opinion
Freedom of opinion is an essential characteristics of Shura system. Everybody in the Shura should be free to express his opinion. The Holy Prophet (Peace be Upon Him) always left the companions to speak freely and express their opinions on the matters of concern.
(IV) Rule of Majority opinion
It is also suggested that the minority should follow the opinion of majority. In Shura Uhad, the compains differed with one another and the Holy Prophet (Peace be Upon Him) followed the majority opinion.
(V) Principle of vicegerency
In Shura, that people are only vicegerents of Allah, they have no juristiction to override any provision of the Shariat.
(VI) Binding authority
Once Shura is reached on a decision. It should be enforced and it has binding authority.
Quran says:
‘Once you determine, then trust in Allah.”
8. Important Shura meetings in Islam
The following are the most important Shura’s in Islamic history
(I) Shura Iahad
At occasion of Ahad, Holy Prophet (Peace be Upon Him) was that they should fight the enemy by remaining inside the city of Madina but majority wanted the battle outside the city. Thus the opinion of majority was honoured.
(II) Shurai Badr
Shuria Badr was held by Prophet (Peace be Upon Him) to consider whether they should meet the enemy at Badr or not. The companions unanimously agreed to meet the enemy at Badr.
(III) Nomination of Hazrat Umar (R.A)
Hazrat Abu Bakr (R.A) Proposed the name of Hazrat Umar (R.A) as Caliph after him. All the members of Shura agreed and approval was given to it.
9. Comparison of Shura with parliamentary from of Govt.
The concept of Shura propounded by Islam is much earlier than the present concept of parliamentary system. According to Hamid Ullah Ansari, Islam gave the concept of parliamentary system nearly one thousand years earlier than the western concept of parliament. Following are the factors which make the shura superior to the parliamentary system.
(I) As to well
In Shura will of Allah is Supreme whereas parliamentary system the public opinion is treated supreme.
(II) Dual personality
In Shura, the members are responsible and answerable to the people and the Allah.
Where as a parliamentary system, the members are answerable only to the people.
(III) Freedom of opinion
In Shura, every member is free to give his opinion whereas in parliamentary system, the members are not as free to express their opinions as they are elected on party basis.
(IV) Jurisdiction
In Shura, the de jure jurisdiction extends to the whole world, whereas in parliamentary system, it extends to the geographical boundaries.
(V) As to religion
In Sura religion of the state is Islam. In western parliamentary from of Government religion is not so important.
(VI) As to source of law
In Sura sources are Quran and Sunnah whereas in parliamentary from of Government sources of law are man made laws.
10. Conclusion
 To conclude, I can say, that the Islamic concept of Shura is the modal for the whole world. The Shura develops the Islamic concepts and theories. It is in conformity to the ethics of Ijma. The body makes the decision or legal, political matters in the light of the present social order and norms. In Pakistan’s constitutions of 1973, the parliament has been give the name of Majlis-e-Shura by virtue of Article 50 which is the true spirit of Islam.

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