The Institution of Shūrā: Views of the Early Fuqaha'And the Practices of the Rashidun Khulafa'

Abstract

"Shūrā (Consultation) is one of the basic principles of Shari 'ah and is the foremost rule of law in the Islamic System of political administration. The rulings of the Qur'an and Sunnah, regarding shūrā, are very clear and of legally binding nature. The rashidūn khulafa (rightly guided Caliphs) therefore, followed these rulings in letter and spirit. The fuqaha (jurists) of the second and third century hijrah looked at the period of the rashidün as a model and derived several social, legal and political principles from the precedents they observed in the practices and decisions of the rashidün khulafä. This paper attempts to make a analytical study of the views of the early fuqaha' and practices of the rashidūn khulafa. An attempt has also been made to show that how keanly the fuqaha', observed the rashidūn's period and were influenced by their views and decisions. The fuqaha considered decisions and practices of the rashidün khulafa relating to statecraft and institution making, as a source of political and constitutional law of Islam."