_____________________________________________ M. A. Muqtedar Khan | Associate Professor, University of Delaware
This article was published on Ijtihad in January 2002.
See http://www.ijtihad.org/shura.htm
Many Western scholars have shura as desirable. Remember the first
maintained that the singular reason why verse directly addressed a particular the Muslim World remains undemocratic decision of the Prophet and spoke to him is Islam. It is quite amusing how these directly, but the second verse is more in scholars assume that Muslims actually the form of a general principle. Perhaps live by Islamic values? But a recent book this is the reason why, traditional Islamic by John Esposito and John Voll, Islam scholars have never considered and Democracy (London: Oxford consultation as a necessary and as a University Press, 1996), argued that Islam legitimizing element of decision making. and Democracy were indeed compatible What is remarkable is that the and the reasons for the perpetuation of search for direct verses as proofs, and its authoritarianism in the Muslim World in eminent absence, has prevented Islamic general and the Arab World in particular, scholars from reaching a decisive lay elsewhere. The book has fired up the conclusion that shura is obligatory. So far debate over the compatibility of Islam the scholars are still debating the issue. and democracy. Many of those who There are those who suggest that the claim that Islam contains democratic Prophet (pbuh) always consulted before principles have singled out the principle making his decisions. But consider the of shura to illustrate their point. In this decision to sign the Sulah Hudaybiyah, discussion I would like to examine the the Prophet (pbuh) consulted his similarities and dissimilarities between companions but chose to act shura and democracy while reserving my independently, clearly illustrating that judgment on whether Islam and consultation is non-binding. Actually democracy are compatible. there are very few instances on record Shura is basically a decision when the Prophet has consulted his making process consultative decision- companions and acted upon their advise making that is considered either against his own wisdom. The decision to obligatory or desirable by Islamic step out of Medina to engage the Meccan scholars. Those scholars who choose to army is one such instance. emphasize the Quranic verse: ..and Thus we remain in a limbo. There consult with them on the matter (3:159) is no doubt that shura is the Islamic way consider shura as obligatory, but those of making decisions. But is it necessary scholars who emphasize the verse and obligatory? Will an organization or a wherein those who conduct their affairs government that does not implement a by counsel (43:38) are praised, consider consultative process become illegitimate? We do not have a decisive answer to that democratic process and laws are binding issue. One thing is clear though, that and can only be reversed through a more and more Muslim intellectuals are democratic process and not by unilateral agreeing that consultative and consensual and oligopolistic processes. governance is the best way to govern. Jurists, however, remain either 3) The way shura is discussed in Islamic conservative or ambivalent on the topic. discourses, it seems to me that it is Many of them depend on non- something that the leader/ruler initiates consultative bodies for their livelihood and is expected to do. Shura is the leader and even their religious prestige and they consulting some people, it is not clearly are in no hurry to deprive themselves of whom, scholars, relatives, or the entire the privileges that non-consultative adult Ummah. Will women be consulted governments extend to them. Thus in a too? How about gays and lesbians and way they are implicated in the delay in non-Muslims. Maybe people of these the public recognition that governments types can be labeled as legal and in Muslim societies must consult to retain illegal aliens, as millions are in the US, their legitimacy. and legitimately excluded from the But assuming that shura becomes Shura. This issue needs to be explored the norm for Islamic institutions, and clarified. In a democracy on the movements and governments, does that other hand is people consulting among automatically imply that democratization themselves about who will govern and will follow? I am hopeful but skeptical. I how. Notice how shura is top-down and do not believe that shura and democracy democracy bottom-up. are the same kinds of institutions. It is my sense that shura and democracy differ in three basic ways: Finally I would like to say that shura like democracy is a deeply contested notion, It is the successful and just practice and institutionalization of 1) Unlike shura democracy allows these ideas that counts rather than modification of foundational texts. You theoretical finessing. Unfortunately we can amend the constitution but not the do not to reflect on these issues seriously. Quran or the Sunnah. While on the face Moreover we must include more and of it this does not seem like a problem, more Muslims in the process to make this since Muslims are by definition supposed theoretical reflection itself a shuratic to accept the primary sources of Islam. In process. We must however be careful not practice one is not dealing with the to use the debate between the similarities sources but the medieval interpretations and dissimilarities of shura and of these sources and shura is for all democracy as a surrogate for concluding purposes subordinated to the past if democracy and Islam are compatible or understanding of Islamic texts. not. There is more in Islam than shura when it comes to reflecting over the 2) Shura remains non-binding while nature of good governance and best polities. But we shall reserve that discussion for another occasion. It is possible for us to have a global conference involving all representative scholars to have an ijma on the nature of shura. The principle of maslaha public interest can be invoked to declare shura as binding and legitimizing standard for Islamic governance. But to organize such a conference requires vision. Perhaps American Muslims can provide such a vision in the near future.
Dr. Muqtedar Khan is Associate Professor
in the Department of Political Science and International Relations at the University of Delaware.