Hazara Islamicus (Dec 2016)
The Scope and Jurisdiction of "Shura" In Islamic Legislation = اسلامی قانون سازی میں شوریٰ کا مقام اوردائرہ کار
Abstract
This article is probing into the concept, and scope of Consultation-"Shura" in Islamic Law. Islam is a complete code of life and teaches us the principle of mutual consultation both in religious and every social issue. Allah Almighty gave special directions to His Holy Prophet in this regard and He complied with in letter and spirit. The life of Holy Prophet is full of such examples of consultative efforts. The Companions/"Sahaba" of Holy Prophet had also exercised this valuable and effective principle while they used to solve every social and legal issue. Through in this article, different dimensions and forms of "Shura"have been elaborated i.e.; optional, sovereign, private elected, selected, juristic and national level consultation or consultative councils / forums. It is also discussed that construction of "Shura"/ consultative council can be done by the method of election and selection or nomination discussing the merits and demerits of these methods. The jurisdiction of the Consultative Council/"Shura"is also an important area of this article concluded with; that "Shura" can only be held in the religious and social issues, for which there is no clear cut legislation already present in the fundamental sources of Islamic Law-Quran and Sunnah. Suggestions for construction of "Islamic Consultative Council of Islamic State have also presented in this article, apart from them we request to all Islamic intellectuals to step forward for further ideas and suggestions, so that we can improve this collective consultation process.
