Majlis al Shura
Encyclopedia
Majlis al Shura is a transliteration
of the Arabic
مجلس الشورى
which means approximately "consultative council", although it has been co-opted as a term for Parliament or Advisory Council. Its pronunciation is approximately "majlis ash-shura".
The noun shura alone,
شورى
, means "consultation" and refers to (among other things) a topic in Islamic law or sharia
; see Shura
. Combined with the term Majlis
, مجلس, which refers to a council or legislature, it is meant to indicate a body of individuals who advise, consult or determine.
Islamic lawyers
agree that shura
, loosely translated as 'consultation of the people', is a function of the Caliphate
. The Majlis ash-Shura advise the caliph. The importance of this is premised by the following verses of the Qur'an:
The majlis
is also the means to elect a new caliph. Al-Mawardi has written that members of the majlis should satisfy three conditions: they must be just, they must have enough knowledge to distinguish a good caliph from a bad one, and must have sufficient wisdom and judgment to select the best caliph. Al-Mawardi also said in emergencies when there is no caliphate and no majlis, the people themselves should create a majlis, select a list of candidates for caliph, then the majlis should select from the list of candidates. Some modern interpretations of the role of the Majlis ash-Shura include those by Islamist author Sayyid Qutb
and by Taqiuddin al-Nabhani
, the founder of a transnational political movement devoted to the revival of the Caliphate. In an analysis of the shura chapter of the Qur'an, Qutb argued Islam requires only that the ruler consult with at least some of the ruled (usually the elite), within the general context of God-made laws that the ruler must execute. Taqiuddin al-Nabhani
, writes that Shura is important and part of "the ruling structure" of the Islamic caliphate, "but not one of its pillars," and may be neglected without the Caliphate's rule becoming unIslamic. Non-Muslims may serve in the majlis, though they may not vote or serve as an official.
or remove rulers in the Caliphate. This is usually when the rulers are not meeting public responsibilities obliged upon them under Islam.
Al-Mawardi said that if the rulers meet their Islamic responsibilities to the public, the people must obey their laws, but if they become either unjust or severely ineffective then the Caliph or ruler must be impeached via the Majlis al-Shura. Similarly Al-Baghdadi believed that if the rulers do not uphold justice
, the ummah via the majlis should give warning to them, and if unheeded then the Caliph can be impeached. Al-Juwayni
argued that Islam is the goal of the ummah, so any ruler that deviates from this goal must be impeached. Al-Ghazali believed that oppression
by a caliph is enough for impeachment. Rather than just relying on impeachment, Ibn Hajar al-Asqalani
obliged rebellion
upon the people if the caliph began to act with no regard for Islamic law. Ibn Hajar al-Asqalani said that to ignore such a situation is haraam
, and those who cannot revolt inside the caliphate should launch a struggle from outside. Al-Asqalani used two ayah
s from the Qur'an to justify this:
Islamic lawyers commented that when the rulers refuse to step down via successful impeachment through the Majlis, becoming dictators through the support of a corrupt army, if the majority agree they have the option to launch a revolution
against them. Many noted that this option is only exercised after factoring in the potential cost of life.
establishes the principle of rule of law
in relation to nepotism
and accountability
Various Islamic lawyers do however place multiple conditions, and stipulations e.g. the poor cannot be penalised for stealing out of poverty, before executing such a law, making it very difficult to reach such a stage. It is well known during a time of drought in the Rashidun caliphate
period, capital punishment
s were suspended until the effects of the drought passed.
Islamic jurists
later formulated the concept of the rule of law, the equal subjection of all classes to the ordinary law of the land, where no person is above the law and where official
s and private citizens are under a duty
to obey the same law. A Qadi
(Islamic judge) was also not allowed to discriminate on the grounds of religion
, race, colour
, kinship
or prejudice
. There were also a number of cases where Caliph
s had to appear before judges as they prepared to take their verdict.
According to Noah Feldman, a law professor at Harvard University
, the legal scholars and jurists who once upheld the rule of law
were replaced by a law governed by the state due to the codification of Sharia by the Ottoman Empire
in the early 19th century:
Transliteration
Transliteration is a subset of the science of hermeneutics. It is a form of translation, and is the practice of converting a text from one script into another...
of the Arabic
مجلس الشورى
which means approximately "consultative council", although it has been co-opted as a term for Parliament or Advisory Council. Its pronunciation is approximately "majlis ash-shura".
The noun shura alone,
شورى
, means "consultation" and refers to (among other things) a topic in Islamic law or sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
; see Shura
Shura
Shura is an Arabic word for "consultation". The Quran and Muhammad encourage Muslims to decide their affairs in consultation with those who will be affected by that decision....
. Combined with the term Majlis
Majlis
' , is an Arabic term meaning "a place of sitting", used in the context of "council", to describe various types of special gatherings among common interest groups be it administrative, social or religious in countries with linguistic or cultural connections to Islamic countries...
, مجلس, which refers to a council or legislature, it is meant to indicate a body of individuals who advise, consult or determine.
Political
Majlis al Shura is a commonly used term for elected or co-opted assemblies with advisory or legislative powers in Arabic-speaking or Islamic-majority countries. In countries with bicameral national legislatures, the appellation is given to either the full legislative body or to the upper house; in the case where the government doesn't function on a democratic basis, the legislature's powers are often restricted exclusively to consultation.- The expression Shura Council -- a partial translation of "majlis al shura", but capitalized—is the conventional English rendering of the name of the upper house of the Egyptian parliament; see Shura CouncilShura CouncilThe Shura Council is the upper house of Egyptian bicameral Parliament. Its name roughly translates into English as "the Consultative Council". The lower house of parliament is the People's Assembly....
.
- It is the official Arabic name of the Consultative Assembly of Saudi ArabiaConsultative Assembly of Saudi ArabiaThe Consultative Assembly of Saudi Arabia also known as Majlis as-Shura or Shura Council is the formal advisory body of Saudi Arabia, which is an absolute monarchy. It cannot pass or enforce laws, a power reserved for the King. The Consultative Assembly has limited powers in government, including...
(the closest thing Saudi ArabiaSaudi ArabiaThe Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
has to a legislature); also the quasi-legislatureConsultative Assembly of OmanThe Consultative Assembly has 83 elected members and it's the legislature of Oman. However, the monarch makes final selections and can negate election results. Oman doesn't allow political parties. Only non-partisans have been elected...
of OmanOmanOman , officially called the Sultanate of Oman , is an Arab state in southwest Asia on the southeast coast of the Arabian Peninsula. It is bordered by the United Arab Emirates to the northwest, Saudi Arabia to the west, and Yemen to the southwest. The coast is formed by the Arabian Sea on the...
and thatConsultative Assembly of QatarThe Consultative Assembly is the consultative body to the Monarchy of Qatar, with 35 members.In 2006 it was announced that legislative elections would take place in 2007; according to a 1 April statement by then-First Deputy Premier and Foreign Minister Hamad bin Jassim bin Jaber Al Thani, who...
of QatarQatarQatar , also known as the State of Qatar or locally Dawlat Qaṭar, is a sovereign Arab state, located in the Middle East, occupying the small Qatar Peninsula on the northeasterly coast of the much larger Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its...
.
- The name of the full legislative bodyMajlis-e-ShooraThe Parliament of Pakistan, officially termed the Majlis-e-Shoora ; is the federal and supreme legislative body of Pakistan. It is a bicameral federal legislature that consists of the Senate and the National Assembly, the upper and lower houses, respectively...
of PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
.
- The name of the upper houseConsultative Council of BahrainThe Consultative Council is the name given to the upper house of the National Assembly, the main legislative body of Bahrain....
of parliamentNational Assembly of BahrainThe National Assembly is the name of both chambers of the Bahraini parliament when sitting in joint session, as laid out in the Constitution of 2002....
in BahrainBahrain' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
.
- As Majles-e Shura-ye Eslami, the full name of the unicameral parliamentMajlis of IranThe National Consultative Assembly of Iran , also called The Iranian Parliament or People's House, is the national legislative body of Iran...
of IranIranIran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
.
- A quasi-legislative body within the al-QaedaAl-QaedaAl-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
militant organization.
Caliphate
Traditional SunniSunni Islam
Sunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
Islamic lawyers
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...
agree that shura
Shura
Shura is an Arabic word for "consultation". The Quran and Muhammad encourage Muslims to decide their affairs in consultation with those who will be affected by that decision....
, loosely translated as 'consultation of the people', is a function of the Caliphate
Caliphate
The term caliphate, "dominion of a caliph " , refers to the first system of government established in Islam and represented the political unity of the Muslim Ummah...
. The Majlis ash-Shura advise the caliph. The importance of this is premised by the following verses of the Qur'an:
The majlis
Majlis
' , is an Arabic term meaning "a place of sitting", used in the context of "council", to describe various types of special gatherings among common interest groups be it administrative, social or religious in countries with linguistic or cultural connections to Islamic countries...
is also the means to elect a new caliph. Al-Mawardi has written that members of the majlis should satisfy three conditions: they must be just, they must have enough knowledge to distinguish a good caliph from a bad one, and must have sufficient wisdom and judgment to select the best caliph. Al-Mawardi also said in emergencies when there is no caliphate and no majlis, the people themselves should create a majlis, select a list of candidates for caliph, then the majlis should select from the list of candidates. Some modern interpretations of the role of the Majlis ash-Shura include those by Islamist author Sayyid Qutb
Sayyid Qutb
Sayyid Qutb was an Egyptian author, educator, Islamist theorist, poet, and the leading member of the Egyptian Muslim Brotherhood in the 1950s and '60s....
and by Taqiuddin al-Nabhani
Taqiuddin al-Nabhani
Taqiuddin al-Nabhani was the founder of the Islamic political party Hizb ut-Tahrir.He died aged 68 in 1977.- Philosophy and Theology :Nabhani in his books 'Thought' and 'System of Islam' placed...
, the founder of a transnational political movement devoted to the revival of the Caliphate. In an analysis of the shura chapter of the Qur'an, Qutb argued Islam requires only that the ruler consult with at least some of the ruled (usually the elite), within the general context of God-made laws that the ruler must execute. Taqiuddin al-Nabhani
Taqiuddin al-Nabhani
Taqiuddin al-Nabhani was the founder of the Islamic political party Hizb ut-Tahrir.He died aged 68 in 1977.- Philosophy and Theology :Nabhani in his books 'Thought' and 'System of Islam' placed...
, writes that Shura is important and part of "the ruling structure" of the Islamic caliphate, "but not one of its pillars," and may be neglected without the Caliphate's rule becoming unIslamic. Non-Muslims may serve in the majlis, though they may not vote or serve as an official.
Accountability of rulers
Sunni Islamic lawyers have commented on when it is permissible to disobey, impeachImpeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
or remove rulers in the Caliphate. This is usually when the rulers are not meeting public responsibilities obliged upon them under Islam.
Al-Mawardi said that if the rulers meet their Islamic responsibilities to the public, the people must obey their laws, but if they become either unjust or severely ineffective then the Caliph or ruler must be impeached via the Majlis al-Shura. Similarly Al-Baghdadi believed that if the rulers do not uphold justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
, the ummah via the majlis should give warning to them, and if unheeded then the Caliph can be impeached. Al-Juwayni
Al-Juwayni
Imam al-Haramayn Dhia' ul-Din Abd al-Malik ibn Yusuf al-Juwayni al-Shafi'i was a Sunni Shafi'i hadith and Kalam scholar...
argued that Islam is the goal of the ummah, so any ruler that deviates from this goal must be impeached. Al-Ghazali believed that oppression
Oppression
Oppression is the exercise of authority or power in a burdensome, cruel, or unjust manner. It can also be defined as an act or instance of oppressing, the state of being oppressed, and the feeling of being heavily burdened, mentally or physically, by troubles, adverse conditions, and...
by a caliph is enough for impeachment. Rather than just relying on impeachment, Ibn Hajar al-Asqalani
Ibn Hajar al-Asqalani
Al-Haafidh Shihabuddin Abu'l-Fadl Ahmad ibn Ali ibn Muhammad, better known as Ibn Hajar due to the fame of his forefathers, al-Asqalani due to his family origin , was a medieval Shafiite Sunni scholar of Islam who represents the entire realm of the Sunni world in the field of Hadith...
obliged rebellion
Rebellion
Rebellion, uprising or insurrection, is a refusal of obedience or order. It may, therefore, be seen as encompassing a range of behaviors aimed at destroying or replacing an established authority such as a government or a head of state...
upon the people if the caliph began to act with no regard for Islamic law. Ibn Hajar al-Asqalani said that to ignore such a situation is haraam
Haraam
Haraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...
, and those who cannot revolt inside the caliphate should launch a struggle from outside. Al-Asqalani used two ayah
Ayah
Ayah or Aayah is the Arabic word for sign or proof:"These are the Ayat of Allah, which We recite to you with truth...
s from the Qur'an to justify this:
Islamic lawyers commented that when the rulers refuse to step down via successful impeachment through the Majlis, becoming dictators through the support of a corrupt army, if the majority agree they have the option to launch a revolution
Revolution
A revolution is a fundamental change in power or organizational structures that takes place in a relatively short period of time.Aristotle described two types of political revolution:...
against them. Many noted that this option is only exercised after factoring in the potential cost of life.
Rule of Law
The following hadithHadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
establishes the principle of rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
in relation to nepotism
Nepotism
Nepotism is favoritism granted to relatives regardless of merit. The word nepotism is from the Latin word nepos, nepotis , from which modern Romanian nepot and Italian nipote, "nephew" or "grandchild" are also descended....
and accountability
Various Islamic lawyers do however place multiple conditions, and stipulations e.g. the poor cannot be penalised for stealing out of poverty, before executing such a law, making it very difficult to reach such a stage. It is well known during a time of drought in the Rashidun caliphate
Rashidun Empire
The Rashidun Caliphate , comprising the first four caliphs in Islam's history, was founded after Muhammad's death in 632, Year 10 A.H.. At its height, the Caliphate extended from the Arabian Peninsula, to the Levant, Caucasus and North Africa in the west, to the Iranian highlands and Central Asia...
period, capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
s were suspended until the effects of the drought passed.
Islamic jurists
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...
later formulated the concept of the rule of law, the equal subjection of all classes to the ordinary law of the land, where no person is above the law and where official
Official
An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...
s and private citizens are under a duty
Duty
Duty is a term that conveys a sense of moral commitment to someone or something. The moral commitment is the sort that results in action and it is not a matter of passive feeling or mere recognition...
to obey the same law. A Qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
(Islamic judge) was also not allowed to discriminate on the grounds of religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, race, colour
Human skin color
Human skin color is primarily due to the presence of melanin in the skin. Skin color ranges from almost black to white with a pinkish tinge due to blood vessels underneath. Variation in natural skin color is mainly due to genetics, although the evolutionary causes are not completely certain...
, kinship
Kinship
Kinship is a relationship between any entities that share a genealogical origin, through either biological, cultural, or historical descent. And descent groups, lineages, etc. are treated in their own subsections....
or prejudice
Prejudice
Prejudice is making a judgment or assumption about someone or something before having enough knowledge to be able to do so with guaranteed accuracy, or "judging a book by its cover"...
. There were also a number of cases where Caliph
Caliph
The Caliph is the head of state in a Caliphate, and the title for the ruler of the Islamic Ummah, an Islamic community ruled by the Shari'ah. It is a transcribed version of the Arabic word which means "successor" or "representative"...
s had to appear before judges as they prepared to take their verdict.
According to Noah Feldman, a law professor at Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
, the legal scholars and jurists who once upheld the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
were replaced by a law governed by the state due to the codification of Sharia by the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
in the early 19th century: