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The Institutions of State in the Khilafah by Hizb ut-Tahrir

13.1 The right of shura

Shura is a right of all the Muslims which the Khalifah should fulfil. They are entitled to be consulted and the Khalifah should refer to them and consult them. Allah (S.W.T ) says:. "And do consult them in the matter, and if you decide (on an action/on an opinion) put your trust in Allah" [3:159].

Allah (S.W.T ) says also .

"And their matter is in consultation between them". [TMQ 42: 38] .

The Messenger of Allah (PBUH) used to refer to people and consult with them. .

He (PBUH) consulted them on the day of Badr about the location of the battlefield, and he consulted them on the day of Uhud about whether to fight inside or outside Medina. On the day of Badr he took the advice of Al- Habab Ibnu-l-Mundhir regarding a technical opinion voiced by an expert which he accepted. On the day of Uhud he accepted the opinion of the majority, despite the fact that his personal opinion was different. .

‘Umar IbnAl-Khattab consulted the Muslims regarding the land of Iraq, whether to divide it among the Muslims because it was booty or to leave it in the hands of its people with the condition that they paid it’s Kharaj with the land remaining the property of the Treasury. He then acted according to his own ijtihad and the majority of the Sahabah approved of it, so he left the land in the hands of its people and ordered them to pay the Kharaj. .

Reference: The Institutions of State in the Khilafah - Hizb ut-Tahrir

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