The objectives of the Islamic economic system can be classified as follows:

1) To satisfy the basic needs of each and every individual in the Islamic State completely,

2) To provide the citizens of the Islamic State with the means to satisfy their luxurious needs, and

3) To achieve the above two points through a naturally workable system with due incentives for economic activity and an equitable system of distribution.

Unlike the current world view as pushed by the Capitalist West, Islam considers that the main economic problem that mankind will ever have is that of distribution of wealth and not of production. In the eyes of the Capitalist West, there is relative scarcity of resources available in the world, and people’s demands for these resources are endless. Hence each nation and in fact, the world, should concentrate on more and more production. The higher the amount of wealth produced, the higher the number of people that will satisfy their demands through the process of economic activity, or so the theory goes.

Islam distinguishes between basic needs which include food, clothing and shelter, and luxurious wants which include all those things that are not necessities in life. It views that there are enough resources to satisfy the basic needs of all people all the time and to satisfy some of the luxurious wants of people, and that the economic problem is that of correct distribution of wealth and not merely involving increasing of production. There are enough resources to feed, clothe and house everybody in the world fully as can be seen by the food mountains of Europe and the excesses of the few rich in each country, including the Third World countries. In accordance with their Capitalist philosophy of maximising profit, we find governments paying farmers to produce less as in the EC countries, or even to destroy what has already been produced as happened in poor Latin America where in the past a huge amount of coffee was burnt to maintain a certain price level. Far more wealth leaves the poor countries of Africa for the rich west than vice versa due to unjust economic deals. Even at the height of the Ethiopian famine crisis in the late eighties, the country was exporting millions of dollars worth of resources to the West. Allah (swt) says in the Qur’an,

“It is Allah who created the heavens and the earth, and sent down from heaven water wherewith He brought forth fruits to be your sustenance. And He subjected to you the sea at His commandment; and He subjected to you the rivers and He subjected to you the sun and the moon constant upon their courses, and He subjected to you the night and the day, and gave you of all that you asked Him. If you count Allah’s bounty, you will never number it; surely man is sinful, unthankful.” [TMQ 14:32-34]. In another ayat He says,

“Verily, your Lord does provide sustenance in abundance for whom He pleases and He does straiten it, for He does know and regard all His creatures.” [TMQ 17:30].

These verses among many others show that Allah (swt) has pooled in this universe all the needs and beneficial things for man, and has provided sufficient resources to satisfy the material needs of man.

In Islam, a distinction is made between economic science, which is to do with the means of production, and the Economic System which is concerned with the problem of distribution of wealth, namely the rules by which wealth can be acquired, invested, used and disposed of. It is through the Economic System that is specific to Islam that wealth is distributed equitably, while economic science is not particularly specific to Islam as such but can be acquired from any other ideology or developed as seen fit.

In order to address the Economic System in Islam, we first of all need to clarify the position of Islam in relation to the quest for material well being. This is because the word dunya (life), which is associated with material wealth or worldly matters has become a dirty word for many Muslims.

The separation of deen from dunya (i.e. the manifestation of secularism) is a Western-Christian concept that has recently become widely internalised amongst Muslims. Consequently, seeking to increase in economic or worldly matters is frowned upon, while continuous engagement in prayer and other personal ibadat is regarded as rewardable. As such, many Muslims get confused and conduct a double life. On the one hand, money talks; it gives status and makes life comfortable, so they seek it vigorously. On the other, they feel guilty, thinking that their effort should be spent on ‘religious’ duties.

This is due to a misunderstanding of the position of the economic question in Islam. There is no doubt that Islam is opposed to monasticism and views the economic activities (based upon the Shari‘ah) of man as quite lawful and sometimes even obligatory and necessary. We find many injunctions in Islam that allude to this. For example, Allah (swt) says in the Qur’an: “Disperse through

“Disperse through the land and seek the bounty of Allah.” [TMQ 62:10]

He also says,

“Allah has permitted trade” [TMQ 2:275]

and even more directly, Allah (swt) says,

“Seek the other world by means of that which Allah has bestowed upon you, and do not be negligent about your share in this world.” [TMQ 28:77]

These are all in reference to economic activity.

In the Sunnah, we find that one of the most commonly said du‘as that the Prophet (saw) taught us is: “Our Lord give us the good in this life and the good in the hereafter.”

But despite this, we find expressions in the Qur’an which state:

“The life of this world is but a delusion” [TMQ 3:185]

“The mutual rivalry for piling up the good things of this world diverts you from the more serious things” [TMQ 102:1]

and many others, stating that man has lust and greed for wealth [89:20] and that he is violent at this greed [100:8] and that he becomes boastful and proud [11:10] and so on (all references to the Qur‘an).

This apparently sounds like a contradiction in terms. But actually, what we are taught by Islam is that the real objective of our existence is to worship Allah (swt) through righteous conducts (i.e. obedience to the Shari‘ah) by living as humans in this world. So all those things that are necessary for this life become essential for man.

It is one thing to say that material well being is important and even compulsory but it is quite another to say that it is the ultimate goal and centre of thought and action in life. This is where the confusion arises about the Islamic economic question.

The fundamental difference between Islamic economics and all materialist (i.e. Capitalist/Communist) ones is precisely this. The materialists view that economic well being is the ultimate end of human life, while Islam says that these things may be necessary and indispensable, but cannot be the true purpose of life. Economic endeavours only become an allurement or delusion if man loses sight of his real purpose in their pursuit.

The right path to follow therefore is to fully engage into worldly economic life in the manner prescribed by Allah (swt) and His Prophet (saw), both at a societal and individual level. The Prophet (saw) said: “Work for your worldly life as if you were going to live forever, but work for the life to come as if you were going to die tomorrow.”

The desire for economic security is a fundamental aspect of human nature. In society, the distribution of resources and commodities is regulated by the governing authority, which runs affairs according to the particular ideology that the rulers have chosen for the purpose - in our case, Capitalism. Accordingly, the people are restricted and controlled by the systems which prevail over them, and must fulfil their economic needs within the framework of these systems.

The issue of our housing is an important aspect of the economic system that we are subject to. We all need a house to shelter from the elements, and as a base for our everyday activities. But, if you think for a moment about your own situation living in the West, housing throws up many problems....

The price of even modest accommodation is staggering. If you take a house suitable for an average family (like your own), the cost of buying it would range from about £50,000 to £100,000 or more, depending on its location. This figure of course, goes far beyond the actual cost of the materials and labour required to build it. In fact, it is usually artificially inflated to create a source of business for banks and building societies from people who have to deal with them in order to buy a house.

Consider yourself. You have to provide for your family - food, clothing, bills, education etc....After all these are taken care of, does your income put you in a position to afford to buy a house? Almost certainly not!

So what are the options available to you?

Renting : This will give you housing, but would you feel satisfied with living with your family in rented accommodation? Most people would not. After all this gives no security for your future - you may have to move from place to place, depending on the whims of a landlord. This affects your job, your children’s education and so on. The landlord may choose to raise the rent as he pleases.

As well, a large proportion of your income would go towards something for which you have no permanent possession. And since you do not actually own the place, you will have no incentive to spend on it to furnish and decorate it as you like - to turn the house into a home. In all, renting is unsatisfactory - you can never really see a rented home as your own home.

Mortgage : This option seems to be the only feasible alternative. In fact this is the system that most people use in your predicament. In theory, you own the house you live in, paying for it slowly as your income allows, and it appears to solve many of the problems with renting.

Unfortunately, the reality of mortgage does not match its theory. It is riddled with even more problems than renting.

Suffering the Pains of the Mortgage Gamble :

1. 1. With a mortgage, you don’t really own your house. You have to give the regular monthly payments on time, and if you miss even one, you can be subject to repossession of your home. This is whether it is your initial payment, or your last!
2. 2. Your payments do not mainly contribute to the value of your house. Rather you are paying a large proportion towards the interest on the loan you have taken.
3. 3. The payments are subject to the whims of the mortgage company - they can increase or decrease the rates of interest at will, without any discussion with you.
4. 4. Most people never live to actually pay off their mortgage completely and thus really own their house. Thus, they never have anything to pass on to their children.
5. 5. House prices are subject to such fluctuation that the value of the house could drop within a matter of years to even as much as half of the value you bought it for! So you may be paying a debt which you could not recover even if you sold your house!

However, more important than any of these reasons, is Islam’s opinion on mortgage:

Getting a mortgage (based on interest) is definitely and clearly haram (forbidden) to Muslims. The paramount reasons being that,

1) The Muslim has to borrow money on interest. Allah (swt) and His Messenger (saw) have forbidden the taking and giving of interest on money. Allah (swt) says in the Qur’an,

“Those who benefit from interest shall be raised like those who have been driven to madness by the touch of the devil; this is because they say: ‘Trade is similar to interest’ while, Allah has permitted trade and forbidden interest.” [TMQ 2:275]

Allah (swt) also said,

“O believers, fear Allah and give up the interest that remains outstanding if you are believers. If you do not do so, then be sure of being at war with Allah and His Messenger. But if you repent, you can have your capital. Neither should you commit injustice nor should you be subjected to it.” [TMQ 2:278-279]

Jabir narrated, “The Prophet (saw) cursed the receiver and the payer of interest, the one who records it and the one who witnesses it and he said, ‘They are all alike’ .” (from Muslim, Tirmidhi and Ahmad). Abu Hurayrah narrated that the Prophet (saw) said, “Riba has seventy segments, the least serious being equivalent to a man committing adultery with his own mother.”

2) The contract of purchase does not satisfy a fundamental condition in Islam. In Islam, if you buy a house, you own the house. In the mortgage agreement, you do not actually own the house but the financial institution owns it until you pay all of your mortgage. You can be kicked out if you fail to keep up with your mortgage payments and all is lost! Thousands of people lost their homes in this way over the past few years, and thousands more will no doubt follow.

We can see therefore, that this simple issue of housing causes us many dilemmas. However, the Economic System of the Islamic State has solutions to these problems.

The Islamic Alternative

In the Khilafah, it is the right of every individual to have shelter. The Prophet (saw) said: “The son of Adam has no better right than that he would have a house wherein he may live and a piece of cloth whereby he may cover his nakedness and a piece of bread and some water.” It is therefore the responsibility of the State to ensure that everybody has accommodation to live in.

So, if you are unable to provide accommodation or sustenance for yourself or your family, the Islamic State will provide these for you free of charge, for as long as you remain in that position.

Because of this, the State would devise a deliberate policy to ensure that affordable accommodation is available through extensive home building both by the State and by private individuals who may want to build for profit. The State achieves this responsibility by the implementation of schemes that take full account of individual circumstances, needs and ability when deciding the type of help to give citizens. Thus, if you want to buy a house, the Islamic Economic System provides you with various mechanisms of helping you to do this. These include:

• Gift from the State: The Khaleefah can give land to you for private use which could include home building. By such grants, it makes it easier for you to provide shelter for you and your family. Such a grant was given to Bilal (ra) by the Prophet (saw) as the ruler of the Islamic State. The Khulafa‘a who followed the Prophet (saw) continued with such grants. The State can also give direct financial assistance to the poor and needy for housing purposes, and indeed it is compulsory for the State to provide this for them.
• Interest-free loans from the State: If you are able-bodied and working, the State can provide interest-free loans for housing. This is in response to the State’s responsibility for provision of shelter to all citizens.
• Payment by instalments: As an alternative to interest free loans, the State can offer to you accommodation for sale with affordable means of payment.

The above are actions that the Khaleefah can undertake to provide housing as a matter of duty to citizens of the Khilafah whether Muslim or non-Muslim. In addition to these, there are other means through which you may get a source of funding for housing. The Khaleefah would encourage these private sector sources in order to facilitate its responsibility. These include:

• Qurd hassan from the public: These are interest-free loans from the rich. You could approach wealthy people in the State like businessmen, to secure such a loan. The rich would be encouraged to provide interest-free loans for housing.
• Deferred payment: Owners of existing properties can sell them to you for a fixed price in the future. The price can either be the same, more or less than the current price, and you could delay payment to such a time when you are able to pay.
• Awqaf: These are philanthropic institutions set up by individuals to provide housing and other schemes. They give these up for the benefit of the public, for the sake of Allah (swt). You could apply to these institutions for housing.

There is no concept of repossession of property in the Islamic State. In any of the above means of funding for buying a house, as soon as the contract is agreed, the house becomes entirely your own property. You are free to sell it or keep it as you like, and no one is permitted to take it from you. All that you are responsible for is your debt to the creditor.

Thus, the Islamic State provides a comprehensive Economic System which solves the problem of buying a house.

Islam has a unique system of taxation where there is no taxation of the poor. There are only three types of regular taxes levied from those people who are able to pay:

1. 1. Jizyah - Is a tax on mature male non-Muslim citizens who are able to pay it. This is much less than any tax on Muslim citizens.
2. 2. Ushr - Is a tax levied on unconquered land under the jurisdiction of the State, at the rate of one tenth of the produce if the land is irrigated by rain, or one twentieth if it is artificially irrigated.
3. 3. Kharaj - Is a tax levied on conquered land, whose rate is fixed by the Khaleefah.

There are no income taxes.

There is no Value Added Tax (VAT).

There are no Death Duties.

There is no Road Tax.

All these examples are included among the taxes in the West where it is the poor that suffer the most.

The Khaleefah ‘Umar ibn Abdul Aziz at one stage could not find a poor person to give zakat to during his rule (7th Century CE).

In the entire history of Spain, it was economically at its most prosperous during the period of Islamic rule. Never before or since has it been so successful.

Under Islam, Africa sent food to relieve famine in Madinah. The Khaleefah - ‘Umar ibn al-Khattab sent the following letter to Amr ibn al-‘A’as, the governor of Egypt regarding the means of transporting the supplies :

“Arrange to dig the canal from the River Nile up to the Sea even if you have to spend the entire treasury of Egypt in the undertaking.”

Zakat is not part of the Islamic economic system.

Public resources such as sources of water like rivers and lakes, sources of energy like electricity, and public utilities like parks, roads and railways cannot be privatised according to the wishes of the government. They remain public property as originally classified by Islam according to their nature. They will always remain public and cannot be owned by individuals who may charge excessively and prevent the vital requirements of the people getting to them, as happens in the West.

It is compulsory on the husband to work to earn nafaqah (provision) for his family, but if he cannot do so for any genuine reason, it is the responsibility of the State to provide tangible basic needs of food, clothing, shelter; and intangible needs of education, health and security.

Hoarding of wealth is prohibited, even if you are willing to pay zakat on it. This makes it available for the markets, boosting the economy and preventing the wealth from merely making a circuit amongst the rich.

Currency in the Khilafah can only be based on gold and silver. Thus it will be of real value itself, providing stability in the economy. It cannot be reproduced or destroyed, which would cause devaluation and inflation.

The Islamic system has 5 types of company structure : anan, abdan, mudharaba, mufawadha and wojooh.

1. 1. Anan (Company of Equals) - Partnership between two people, both contributing capital and effort.
2. 2. Abdan (Company of Bodies) - Company in which two or more persons participate by their effort only, without their capital.
3. 3. Mudharaba (Company of Capital and Effort) - A company in which one part provides the capital while the other provides the effort.
4. 4. Wojooh (Company of Faces) - A company involving two or more parties who provide the effort with another party who guarantees the financial support.
5. 5. Mufawadha - This is a company which combines any of the other 4 types of company structures permitted by Islam.

Stocks and share companies (Plc’s) are not allowed in Islam as they do not fall into any of the permitted categories, having an incorrect company structure, and so are invalid.

The Islamic economy focuses on ensuring the effective distribution of created wealth and resources, rather than amassing these in useless stockpiles. Thus the satisfaction of the basic necessities of food, clothing and shelter for all citizens be they Muslims or non-Muslims is the priority.

If you find derelict land anywhere you may make use of it without anyone’s permission.

In the 8th and 9th century, Iraq under Islam had a population of 30 million (compared to 18 million today). 80% were farmers with modern irrigation systems from the rivers Tigris and Euphrates. The ratio of yield of seed for wheat in the Muslim world was 10:1 at this time compared to only 2.5:1 in Europe.

The situation of those in authority is of utmost importance for the people of any society. This is because every decision they make and every rule they implement has repercussions which affect the whole population. So, when those in authority have failings, the whole society becomes characterised by these failings.

Today, the whole world is subject to man-made laws. Man who is limited in his knowledge, prone to errors and subject to prejudice and greed. As a result of this, the rules which govern the world reflect these aspects of man’s character - leading to oppression of the weak, injustice and corruption. People in one part of the world are allowed to starve, while in another, surplus produce is burnt or dumped in the sea. We are subject to taxes we do not want and cannot afford to pay. And we are told what we can and cannot do by a handful of politicians who are no better than and usually much worse than ourselves.

The Islamic ruling system is the only one which gives a way out from these problems. Instead of being subject to man-made laws, where one person is made to bow before another, our lives and society are governed by the law of Allah (swt) the Supreme.

Here, it is the people who have authority to ensure that the ruler implements Allah’s law, solely and in its entirety, and that he never follows his own whims and desires, so becoming a dictator.

It is the job of the Ruling System of the State to make sure that all the administrative matters within its boundaries run smoothly and facilitate the easy living of the subjects, whether Muslim or not, within the Islamic framework.

As well, the State will be the effective means of delivering the call of Islam to all the nations of the world. It has a powerful army to facilitate this task, and also to defend its frontiers from the likes of the aggressors who currently plague the Muslim world; the problems in Bosnia, India and Israel will be no more than a painful, but distant memory.

All the systems of Islam that are collected here are tied together to form a perfectly balanced and co-ordinated whole. Each is dependent for its functioning on the others, and none would be complete if considered on its own. You can see therefore how the Ruling System of Islam ties them all together to give a way of life that is unsurpassed in the history of humanity.

Majlis al-Ummah (Council of the Ummah)

The Majlis al-Ummah is part of the ruling structure of Islam. It deals with matters which are mubah and do not require an expert to arrive at the correct conclusion. These decisions of the Majlis al-Ummah are termed as ‘mashura’. The majority’s opinion is the binding opinion, in this case, since there is no set right or wrong in the mubah matters. The Khaleefah is therefore obliged to uphold the opinions of the Majlis al- Ummah, as long as the opinions are in the legal area of opinion for the Majlis al-Ummah. This is substantiated by the hadith of the Prophet (saw) : “If both of you (referring to ‘Umar and Abu Bakr) agree on a mashura, I would not go against it..”

Structure and Functionality of Majlis al-Ummah

The persons who represent the Muslims in voicing their opinions to the head of the State are called to the Majlis al-Ummah. It is allowed for the non-Muslims to be in certain sessions of the Majlis, for the purpose of presenting complaints about oppression by the hand of the ruling apparatus or to complain about any problems, which they encounter with regards to the implementation of Islam upon them.

The members of the Majlis al-Ummah are elected by the people, and there is no gender distinction in who can be a member. As long as the candidate carries the citizenship, is sane and is in his/her post-puberty years, then he or she qualifies.

Pertaining to the structure of the Majlis al-Ummah, there can be two main committees. One to oversee the central government and one for the provincial government. Within these main committees exist subcommittees which are assigned specific tasks based on the ability of the individuals.

Checks and Balances

The nature of Islam is to preserve justice and societal harmony, and to uproot and eliminate institutional oppression if and when it presents itself. Sovereignty belongs to Islam’s legislative sources, and the aim of Islam’s legislative sources is to secure and uphold the societal ideals, while satisfying the individual needs of each human being in the society. Islam granted the people the authority to implement the Shari‘ah rules whereby these aims and objectives would be maintained. The people in turn appoint one person (The Khaleefah) to rule them by Islam, and they are permitted to use force to remove the Khaleefah, in case he clearly went against the Shari‘ah.

One of the branches of the judicial system is called Mahkamat al Madhaalim (Court of Unjust Acts). The primary role or function of this judicial branch is to settle disputes between the people and the Khaleefah. The order or finding of a judge in the judicial branch cannot be stayed, but rather it must be implemented, even if the order was to remove the Khaleefah himself, or anyone that he has deputised. Failure to implement the order or finding of a judge in Mahkamat al Madhaalim, provides a license to the people to remove the Khaleefah, even by force if necessary.

One of the functions of the Majlis al-Ummah is to create a platform whereby the people can voice either their satisfaction or their dissatisfaction and complaints to the government. The Mahkamat al Madhaalim would be presented with the complaints from the Majlis al- Ummah or the individual in the State could take his complaint to Mahkamat al Madhaalim directly. Everyone is subject to Islam’s legislative sources and as such there is no elite class in the Islamic society, and anyone who is under the jurisdiction of the Islamic State, be they Muslim or non-Muslim, must have their rights protected. Therefore, Islam’s method of preserving justice and social harmony, and uprooting and eliminating oppression is realistic and practical.

Another method of establishing ‘checks and balances’ on the government is the process of nominating the Khaleefah. The Khaleefah, as one option, may be elected from the choices presented by the Majlis al-Ummah. Thus, the Majlis al-Ummah makes sure that the individual elected to the post of the Khaleefah is a practising Muslim who fulfils the requirements. Consequently, an individual looking to serve his own interests cannot become the Khaleefah.

Furthermore, another element that is an integral part of establishing a mechanism of checks and balances within the system is taqwa (fear of Allah). The ruler carries out every action based on the concept of being questioned by Allah (swt) on the Day of Judgement. Thus, the ruler would make sure that he fulfils his part of the contract as ruler of the Muslim Ummah so that he may face Allah (swt) without fearing His (swt) punishment, due to negligence or serving his own interests.

Thus, we can see that Islam provides a system of government which is just, because it implements only Allahs (swt) laws rather than manmade laws. It is only when Muslims understand the mechanisms of ruling which Islam provides that they will have confidence in it, and realise the flaws and weaknesses of other systems. May Allah (swt) help us in our duty to establish it!

The administrative system consists of that body of people which executes the Islamic State’s orders upon the citizens and manages the Islamic State’s affairs. Since the Islamic State must implement the Shari‘ah upon all of its citizens, it becomes necessary to have an administrative system to accomplish this. Many rules in Islam compel the Islamic State to have an administrative body for their implementation. As such, the rule for collection of zakat, which necessitates the Islamic State to employ personnel for its proper implementation, is one example. Any style or tactic used would be permissible, as long as it accords with the Shari‘ah. But, the important point is that ‘the job gets done’. Therefore, it is incumbent upon the Islamic State to use the most efficient style to implement the rule of Islam, as long as they fall within the bounds of the Shari‘ah.

We know that the Prophet (saw) managed the affairs of the Ummah, during his period in Madinah. He (saw) appointed many administrators to carry out various functions so that the Islamic State would run efficiently. As an example, he appointed ‘Ali ibn Abi Talib (ra) as a scribe for treaties which the Prophet (saw) concluded with other nations.

The Prophet (saw) gave the management of his seal (the one he used to imprint his signature on official documents of the State) to Al- Harith ibn Auf al-Mazi. Ibn Abi Fatimah was designated to compile the statistics of the ghanima (spoils of war). Hudhayfa ibn al-Yaman was the writer for the numbers of cultivated fruits in the Hijaz area of the Arabian peninsula. ‘Abdullah ibn Arqam was appointed to calculate the number of people in the tribes and was further assigned the task of management of water in the Islamic State. In the twentieth year of the Hijrah, ‘Umar ibn al-Khattab, as the second Khaleefah, initiated the deewan (a type of record) as a list of names of soldiers and other essential facts. This method of keeping a deewan was borrowed from the Persians who had adopted this style for keeping records of their soldiers, battle gear, and other essential information. A similar technique was employed by ‘Umar (ra), since it was a mubah (permissible) means.

Regarding the appointments to these administrative departments, it is permitted to have any citizen of the Islamic State, male or female, Muslim or non-Muslim, as long as he or she is suitably competent to be a part of this administrative system. It would be important to have a suitable management structure to run the administrative system.

We may recall here that the Khaleefah has an entourage of assistants which carry out administrative functions. As discussed previously, they are the Executive Assistants (Mu‘awin Tanfeedh). The difference between the general administrative body and the Executive Assistants is that the latter is a caretaker of the Khaleefah’s administrative tasks, while the former is dealing with administration of the larger Islamic State. Accordingly, it is necessary that the Executive Assistants be Muslims, whereas the general administrators may be Muslims or non- Muslims.

We now have a general idea of the functions of the administrative body of the Islamic State. Its task is to execute the rulers command in a competent and efficient manner. It aids the Islamic State in applying the laws of Allah (swt) upon this earth. Of course, one can only theorise on paper the advantages of an administrative system when there is no Islamic State.

Shura

It is of utmost necessity to comprehend the concept of shura (consultation), as used in Islam, and what it actually means before indulging in a detailed discussion on Majlis al-Ummah, which is the main body that participates in shura. Allah (swt) states in the Qur’an:

“Pardon them and ask forgiveness for them and consult with them upon the conduct of affairs, and when you have decided (upon a course of action), place your trust in Allah.” [TMQ 3:159]

“And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel.” [TMQ 42:38]

The two ayat (verses of Qur’an) mentioned above are directly related to the issue of consultation. Shura denotes engaging in mutual consultation or mutual discussions regarding a particular matter i.e. taking people’s opinion. Taking opinions occurs on the part of the Khaleefah or any Amir or responsible person be it a ruler or a leader. As for the declaration of the opinion to the person in charge, be it a ruler or a leader, it is just a naseeha (advice).

Before addressing the application of shura, as taken by the Messenger of Allah (saw) in relation to our affairs nowadays, we need to study the idea of taking an opinion, and remove any ambiguity existing in the minds of the Muslims. Realistically, an opinion can be taken regarding :

1. 1. Matters of Shari‘ah (legislative matters).
2. 2. Matters of Intellect or Technicalities.
3. 3. Opinions which directly lead to actions in mubah issues.

1. 1. Matters of Shari‘ah (legislative matters) : As for matters of Shari‘ah, there is no shura at all. In order to reach the Islamic opinion in any Shari‘ah matter, proper ijtihad must be conducted, meaning no one’s opinion should be taken in matters related to wahi (the revelation), i.e. haram and halal. This can be seen in the action of the Messenger (saw) in the Treaty of Hudaybiyah. In that incident he (saw) did not consult the companions and refused to listen to their complaints regarding the terms of the treaty, saying, “...and I will not disobey His (swt) commands.”
2. 2. Matters of Intellect or Technicalities: For matters of intellect or technicalities only those with the knowledge of that specific field would be consulted. For example, in the Battle of Ahzab, the Prophet (saw) received news of a dangerous confederacy, consisting of 10,000 people, aiming to besiege Madinah. The Muslims in Madinah decided to fight against the invading enemy from inside their town, and they manned all the buildings surrounding Madinah. However, there was one area left open, where Salman al-Faresi suggested that a trench be dug in that place, as the Persians used to do in similar situations. The Prophet (saw) accepted the advice, and he himself took part in digging that trench.
3. 3. Opinions which directly lead to actions in the Mubah issues : Finally, opinions which directly lead to actions in the mubah affairs of Islam where no expertise is required to arrive at a conclusion, and are apart from the commands of Qur’an and Sunnah, may have the Ummah’s input. This is the domain of the Majlis al-Ummah. In this case, the Ummah’s wishes would be sought so that the Ummah’s involvement remains active. Allah (swt) states in the Qur’an:

“Pardon them and ask forgiveness for them and consult with them upon the conduct of affairs, and when you have decided (upon a course of action), place your trust in Allah.” [TMQ 3:159]

This final area, in which shura may be sought, is the area in which the Majlis al-Ummah plays an active role, i.e. in the mubah issues. At this point, when this opinion is sought, it becomes mashura. Thus, mashura means taking the opinion of the majority in Majlis al-Ummah concerning mubah matters, which becomes binding upon the ruling apparatus to implement. An example in which the Majlis al-Ummah would play a role could be choosing the place of where a school or hospital should be built in a community.

The judicial system in Islam is solely based on the Shari‘ah. We must be mindful of the fact that justice cannot be fully served until and unless Islam is applied in its totality. To do otherwise, would mean leaving parts of Allah’s commandments and accepting the rule of man as better able to cope with the issue at hand. This not only leads to the disruption of the society’s well-being but is also an acknowledgement that Allah (swt) is not truly the Sovereign. We find in the Qur’an, Allah (swt) says to the Prophet (saw) :

“But no by your Lord they can have no (real) faith until they make you judge in all disputes between them and in their souls find no resistance against your decisions but accept them with the fullest conviction.” [TMQ 4:65]

The details of the Islamic judicial system are discussed elsewhere (see the Judicial System), but it is useful to discuss here the relationship of the ruling system with the courts.

The Judge of the Court for Unjust Acts (Qadi al-Madhaalim)

This category of judges within the ruling system of Islam consists of judges who settle disputes arising among the people and the State. This judge has jurisdiction within a court called Mahkamat al-Madhaalim (the Court of Unjust Acts) in the Islamic State. In essence, this judge of the Court of Unjust Acts is appointed to remove all unjust acts within the Islamic State, whether they are committed by the Khaleefah, governors, or any other official of the State. In cases of disputes between the people and the officials of the Islamic State, the judge of this court has the right to dismiss the official of the State once his negligence of the Shari‘ah or injustice committed upon the people is established.

As examples, this court may investigate all matters executed by the Islamic State involving discrimination upon citizens, improper application of the Shari‘ah, improper interpretation of the Shari‘ah or the Constitution of the Islamic State, negligence by the Khaleefah of the opinions given to him, forcing a tax unduly upon the citizens of the Islamic State, etc.

An interesting situation arises when a case is studied involving the Khaleefah’s negligence of the Shari‘ah. The Qadi al-Madhaalim will have to either pass a judgement in favour of the actions of the Khaleefah or against him. If it is in favour of the Khaleefah, then the Khaleefah’s mandate will remain, and will, in fact, render the case as being proper and not negligence. If, on the other hand, the judge decides against the Khaleefah, which entails negligence of the Shari‘ah, the Khaleefah must abide by the judgement of the judge. If he fails to do so, the judge will be authorised to remove the Khaleefah from his position on the grounds of negligence of Shari‘ah.

4. The Industry

Preparation for the foreign policy will require a strongly equipped army. Therefore, the Islamic State will endeavour to obtain the latest technology in warfare, including nuclear capability, space programmes and computer technology, to be ready to fight the enemy in a like way as she is fought. The economy and industry in the Islamic State will be similarly geared towards sustaining the army and the effort of Jihad.

The department of industry directs all affairs connected with industry, including heavy industry, such as the production of motors engines and car bodies; metallurgical industries, electronics and light industries; and factories of private and public ownership connected with the military industry. All factories of whatever type should be established on the basis of complementing the military policy.

It is under the guidance of the department of the Amir of Jihad that the Islamic State will implement its foreign policy and propagate the deen of Islam to the rest of mankind. By these means, and the help of Allah (swt), the State will be able to achieve the dominance of the word of Allah (swt) throughout the world.