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.