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Surah 'Al - Imran 3:159
Excerpt from the Tafseer "Ma'ariful Qur'an" by Mufti Shafi Usmani
Excerpt from the Tafseer "Ma'ariful Qur'an" by Mufti Shafi Usmani
1. The Meaning of amr: Matter and mashwarah: Consultation.
The word amr is applied for several shades of meaning in the Arabic language. In common usage, it refers to any saying or doing which is of great importance. It is also used to mean an injunction, order, command, rule or authority, the last one being what is meant in the Qur'anic expression (uli l'amr). Then, the word is also applied to mean a particular attribute of Allah Almighty which finds mention in several verses of the Holy Qur'an, such as (Beware, for Him alone is the creation and the command - 7:54) (To Him, the whole matter shall be returned - 11:123), (The whole thing belongs to Allah 3:154) (His matter is upto Allah - 2:275) and according to authentic scholars, the use of the word, amr, in (Say: "The spirit is by a command of my Lord" [17:58]) carries the same meaning as identified in the verses appearing immediately above.
As far as the meaning of the word, amr, in the Qur'anic verses (And consult them in the matter - 3:159) and (And a matter of there is (settled) by a consultation between themselves - 42:38) is concerned, it can be said that there is the possibility to assign both the first as well as the second. If it is said that the word has been used in the first sense while the second meaning is inclusive therein, that would not be something far-fetched since affairs relating to command and authority are all very important. Therefore, the word, amr, as used in the verses quoted immediately above means every matter or affair which is particularly important irrespective of whether it belongs to the area of authority or mutual dealings.
The Arabic words, shura (counsel), mashwarah (consultation) and mushwarat (mutual consultation), means the soliciting of advice and counsel in something that needs deliberation. Therefore, the expression [. . .] in the present verse means that the Holy Prophet (sallahu alayhi wa sallam) has been commanded here to consult with or seek the advice of his noble Companions in matters that need deliberation, which include those of authority and government.
Similarly, the verse from Surah al-Shura cited above [. . .] means that in every important matter (which) needs deliberation, whether it belongs to the field of authority and government or to something important other than these, the customary practice of true Muslims is that they work through mutual consultation.
2. The Status of Consultation in Islamic Law
From the statements of the Holy Qur'an cited above and from related ahadith of the Holy Prophet (sallahu alahyi wa sallam), it becomes clear that mutual consultation in a matter likely to have more than one opinion, whether it be related to the concern of authority or to an issue other than that, is a sunnah of the Holy Prophet (sallahu alayhi wa sallam) and the noble Companions (radhi allahu anhum) and is a source of blessings in the mortal world and in the eternal life of the Hereafter. This view has the support of the Holy Qur'an and the Hadith. As far as matters which relate to people, such as the affairs of authority and government, are concerned seeking consultation in them is obligatory. (Ibn Kathir)
In his Shu'bul-'Iman, al-Baihaqi has reported from Sayyidna 'Abdullah ibn 'Umar (radhi allahu anhu) that the Prophet (sallahu alayhi wa sallam) has said: 'A person who intends to do something, then goes in consultation and comes up with a decision to do or not to do that, he gets from Allah Almighty guidance towards an option which is correct and beneficial.'
It appears in ahadith: "When your rulers are from the best among you and your rich people are generous and your affairs are decided through mutual consultation, then, to live on the surface of the earth is better for you. And should your rulers be the worst among you and your rich people be close-fisted and your affairs be entrusted to women, then, to be buried under the earth shall be better than your continuing to live.'
It means that, when the worship of desires overpowers you, so much so that you, ignoring all concerns of the good and bad, the harmful and the beneficial, simply to seek the goodwill of a woman, entrusting your affairs in her hands, then, for you, death is better than living through those times. Otherwise, seeking the opinion of a woman as well while making consultation is no taboo, and certainly not prohibited. This is proved by the consistent practice of the Holy Prophet (sallahu alayhi wa sallam) and his blessed Companions. In the verse from Surah al-Baqarah (2:233) cited a little earlier, the Holy Qur'an has said: 'Now, if they want to wean, by mutual consent, and consultation, there is no sin on them.' Since this matter here concerns the woman, therefore, consultation with the woman has been specially made binding on the man.
In a hadith, the Holy Prophet (sallahu alayhi wa sallam) has been reported to have said: "The person whose counsel is sought is a trustee. When he counsels, then, he must counsel with what he would propose to his own self (to do otherwise is a breach of trust." This hadith has been reported with good authority from Sayyidna 'Ali by al-Tabarani in al-Mu'jam al-Awsat, (see al-Mazhari).
At this point, it is necessary to bear in mind that consultation is an act of Sunnah only in situations were some clear and categorical injunction from the Qur'an or Hadith does not exist. Otherwise, in the presence of a clear and categorical injunction of the Shari'ah, no consultation with anybody is needed. This is not permissible either. For example, if somebody went about consulting in - 'should I make my salah or should I not?' 'Should I pay my zakah or should I not?' or 'Should I perform my Hajj or should I not?' - then, this would be absurd. These are not things you consult about. They are absolutely mandatory under the Shari'ah of Islam. However, the option of making consultation about how to go for Hajj is open and one can seek advice on questions like - should he go this year, or next; should he go by sea, or by air; should he go by land, or by some other method.
The same holds true with zakah. One can consult about where and on whom it has to be spent, for the Shari'ah has left these on the choice of the payer.
In a hadith, the Holy Prophet (sallahu alayhi wa sallam) has been reported to have explained this himself. Sayyidna 'Ali (radhi allahu anhu) says that he asked the Holy Prophet (sallahu alayhi wa sallam): 'If, after you, we are confronted by a situation the injunction for which has not been explicitly revealed in the Qur'an, and about which we have heard nothing from you as well, what are we supposed to do?' The Holy Prophet (sallahu alayhi wa sallam) said: 'For a matter like this, get together from among you pious men who are consistently devoted to the worship of their Lord and who have deep and extensive understanding of the Faith (fuqaha') and decide the matter following their mutual counsel. Do not decide on the basis of someone's solitary opinion.'
The first, out of the two things that we learn from this hadith is that consultation is not restricted to worldly affairs. Instead, the fact is that mutual consultation in situations where clear nusus (plural of nass meaning textual authority) from the Qur'an and Hadith in matters governed by the injunctions of Shari'ah do not exist is an act of Sunnah. We can say that mutual consultation will be an act of Sunnah if made in situations where textual authority from the Qur'an and Sunnah is not available. The second rule we learn is that advice should be taken from people who are known for their understanding of the Faith and devotion to their obligations to Allah [From "Ruh al-Ma'ani"] Al-Khatib al-Baghdadi, to whom the deduction given above is credited has reported another hadith from Sayyidna Abu Hurairah (radhi allahu anhu) which says (Seek counsel from the wise person and do not act against it, otherwise you will regret.
By putting the above two ahadith together, we learn that two qualities are necessary for the members of the consultative council. Firstly, they should be wise, perceptive and advice-worthy, and secondly, they should be pious and devoted to 'ibadah. In other words, they should be deserving of giving advice and should be God-fearing in their conduct. If the matter to be discussed involves problems relating to Islamic Law, it is incumbent that they be faqih (juriconsult: expert in Islamic Law and Jurisprudence) as well.