Regarding the Directive relating to "Consultation"
Question
Title: Regarding the Directive relating to "Consultation" Question: Verse 42:38 And their system is based on their consultation. It is said that the system of an Islamic community runs according to the opinion of the majority. This verse among the many verses reinforces this view but I was just wondering that it isn't always that the majority is right. Considering Pakistan's condition, more than half of its population is illiterate so when these people choose someone, can their choice be trusted? My real question is that during the process of forming laws who really is to be consulted, the leaders chosen mostly by the illiterate masses (often through intimidation or false promises) or those that are well versed in Islamic laws and able to perform Ijtihad etc. Is Pakistan's political system then in corroboration with the Islamic laws? I really am very very sorry for including more than one question but the next one was just compatible with the first one so I ventured to put it forward. Thanks beforehand and may God bless you for the incredible work you are doing. Wassalam Hira Javaid Pakistan Answer: Just as an individual can err, the majority can as well. However, it must be appreciated that the reason of prescribing a "consultation-based" system is not because it is deemed flawless, but because it is the only known method of practically resolving differences of opinions in a civilized manner and in the shortest possible time. You write: Considering Pakistan's condition, more than half of its population is illiterate so when these people choose someone, can their choice be trusted. From your statement, it seems as if some group besides "these people" themselves, are to benefit by the good decisions made by these people and to face the consequences for the bad ones. Obviously, this is not the case. It is ultimately the collectivity of "these people" who would reap all the benefits and bear all the costs of their decisions. It is, thus, a duty of the collectivity as a whole to improve the decision-making capabilities of its members. A collectivity which consistently fails to even recognize the need for improving the standards of its members is bound to face the consequences of the poor decisions made by its members. You write: ... during the process of forming laws who really is to be consulted, the leaders chosen mostly by the illiterate masses (often through intimidation or false promises) or those that are well versed in Islamic laws and able to perform Ijtihad etc. According to the referred directive of the Qur'an, it is the former and not the latter. This may, at first sight, seem to be rather strange. Yet, at close consideration, you shall see that the former option in itself entails the practical possibility for the latter: That is, if those that are well versed in Islamic laws enjoy the confidence of the majority, they shall be brought to power through a majority vote. Nevertheless, if the latter option is implemented without the majority vote, then the very reason for which the Qur'an has given the said directive shall be completely ignored. In such a situation, it would have to be decided that who would determine whether or not a particular person should be considered "well versed" in Islamic laws or not; what shall be the criteria of this decision? What would be the position of those who differ from these criteria? How, if at all, could these criteria be altered? I am sure if you consider all these questions in depth, you shall see that they shall lead to unending debates and political compromises regarding even the interpretation and understanding of the Shari`ah . The Qur'an has recommended the principle of majority rule because it is the only practical system of government where each individual can be granted all his basic rights without risking the whole system to fall apart. All other systems, however attractive they may seem philosophically, can only maintain their existence by limiting the basic rights of the individual members constituting it. I hope this helps. Fond regards, Moiz Amjad April 28, 2003
Answer
Title: Regarding the Directive relating to "Consultation" Question: Verse 42:38 And their system is based on their consultation. It is said that the system of an Islamic community runs according to the opinion of the majority. This verse among the many verses reinforces this view but I was just wondering that it isn't always that the majority is right. Considering Pakistan's condition, more than half of its population is illiterate so when these people choose someone, can their choice be trusted? My real question is that during the process of forming laws who really is to be consulted, the leaders chosen mostly by the illiterate masses (often through intimidation or false promises) or those that are well versed in Islamic laws and able to perform Ijtihad etc. Is Pakistan's political system then in corroboration with the Islamic laws? I really am very very sorry for including more than one question but the next one was just compatible with the first one so I ventured to put it forward. Thanks beforehand and may God bless you for the incredible work you are doing. Wassalam Hira Javaid Pakistan Answer: Just as an individual can err, the majority can as well. However, it must be appreciated that the reason of prescribing a "consultation-based" system is not because it is deemed flawless, but because it is the only known method of practically resolving differences of opinions in a civilized manner and in the shortest possible time. You write: Considering Pakistan's condition, more than half of its population is illiterate so when these people choose someone, can their choice be trusted. From your statement, it seems as if some group besides "these people" themselves, are to benefit by the good decisions made by these people and to face the consequences for the bad ones. Obviously, this is not the case. It is ultimately the collectivity of "these people" who would reap all the benefits and bear all the costs of their decisions. It is, thus, a duty of the collectivity as a whole to improve the decision-making capabilities of its members. A collectivity which consistently fails to even recognize the need for improving the standards of its members is bound to face the consequences of the poor decisions made by its members. You write: ... during the process of forming laws who really is to be consulted, the leaders chosen mostly by the illiterate masses (often through intimidation or false promises) or those that are well versed in Islamic laws and able to perform Ijtihad etc. According to the referred directive of the Qur'an, it is the former and not the latter. This may, at first sight, seem to be rather strange. Yet, at close consideration, you shall see that the former option in itself entails the practical possibility for the latter: That is, if those that are well versed in Islamic laws enjoy the confidence of the majority, they shall be brought to power through a majority vote. Nevertheless, if the latter option is implemented without the majority vote, then the very reason for which the Qur'an has given the said directive shall be completely ignored. In such a situation, it would have to be decided that who would determine whether or not a particular person should be considered "well versed" in Islamic laws or not; what shall be the criteria of this decision? What would be the position of those who differ from these criteria? How, if at all, could these criteria be altered? I am sure if you consider all these questions in depth, you shall see that they shall lead to unending debates and political compromises regarding even the interpretation and understanding of the Shari`ah . The Qur'an has recommended the principle of majority rule because it is the only practical system of government where each individual can be granted all his basic rights without risking the whole system to fall apart. All other systems, however attractive they may seem philosophically, can only maintain their existence by limiting the basic rights of the individual members constituting it. I hope this helps. Fond regards, Moiz Amjad April 28, 2003
Ask a follow-up
A follow-up appears here only after an editor approves it.