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!