One of the principles of the Islamic ruling system, and a mark of a rightly guided caliphate is shura (شُورَىٰ).

In Arabic “The pivotal meaning [of shura] is to extract what something contains of goodness or suitable, strong effect. Like honey in the waqba[1] or the hive, it is extracted from it, and like camels containing fat and the appearance of that fat on them, and like the well containing water to water the crops so they grow, and like feeding the fire with fuel so its flame rises and appears. This rise and appearance is from the door of exit.”[2]

Umar bin Al-Khattab informed the senior sahaba in a khutbah (sermon) during his caliphate:

فَمَنْ بَايَعَ رَجُلاً عَلَى غَيْرِ مَشُورَةٍ مِنَ الْمُسْلِمِينَ فَلاَ يُتَابَعُ هُوَ وَلاَ الَّذِي بَايَعَهُ تَغِرَّةً أَنْ يُقْتَلاَ‏‏

“So, if any person gives the bay’ah to somebody without consulting (shura) the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed[3].”[4]

Muhammad Haykal comments on this hadith, “The sahaba listened to this speech and none spoke out against what was said. Consequently, it represented and Ijmaa’ (consensus) upon what was mentioned in terms of the obligation to take the opinion of the Muslims in respect to whom is chosen to be a Khalifah over them.”[5]

Shura as a ruling principle existed throughout the Islamic caliphate but was confined to the ruling class, wazirs, tribal leaders and ‘ulema who made up the Ahlul hali wal-aqd. With regards to the bay’ah, the predominant opinion adopted by the ‘ulema gave the caliph the authority to designate his successor, and the ummah’s political representatives (Ahlul hali wal-aqd) consented to this. Therefore, the bay’ah was legal convened from a contractual viewpoint although we can say it was misapplied since the correct opinion is bay’ah must be through shura as Umar ibn Al-Khattab mentioned. This is the way of all the Rightly Guided Caliphs and those caliphs who followed in their footsteps like Umar ibn Abdul-Aziz.

Notes

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[1] Al-Waqba is a small cave at the top of the mountain where bees put honey, which is the most delicious and expensive type of honey. He said: Abu Dhuayb Al-Hudhali He headed to a dome in the top of a mountain, below the setting sun, with an elegant harvest.

[2] Muhammad Hassan Hassan Jabal, Op.cit., https://tafsir.app/ishtiqaqi/%D8%B4%D9%88%D8%B1

[3] Ibn Hajar comments on this: “In respect to his statement: “lest both of them should be killed” it means: A warning to beware of being killed. The meaning of the term used here is تغرة (Taghirratan) which is derived from أغررته تغريرا ‘That the one does that has deceived himself and his companion and exposed them both to being killed.’” [Fath ul-Bari’ 12/144]

[4] Saheeh Al-Bukhari 6830, https://sunnah.com/bukhari:6830

[5] Muhammad Khayr Haykal, ‘Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya,’ vol.1, The Eighth Study, Qitaal Mughtasib As-Sultah (Fighting the usurper of the authority)