Islamic Political System-its main contours (3)

                       

In this part of the article, we would deal with the third point to see what kind of state apparatus may be adopted to generate and implement majority opinion and at the same time to restrain it to the specified limits.

In part  (1) and part (2) of this article we have seen that decision-making in Islamic state has to be made on the basis of majority opinion but majority opinion must not run counter to what has been enshrined in Quran and Sunnah. In other words, majority opinion can choose out of the options which are in accordance with Quran and Sunnah but majority opinion is not allowed to hold right which has been held wrong by Quran and Sunnah; neither can majority opinion hold wrong which has been held right by Quran and Sunnah.

Based on foregoing discussion, we can suggest a state apparatus having following features to execute Islamic Political System in Pakistan.

i.             Decision-making in Islamic state has to be done on the basis of majority opinion. In other words, there is no room for selective electoral. The whole body of Muslims have the sanctity to participate in the process of decision-making directly or through their representatives. But that sanctity to majority opinion is given only if such majority opinion is in accordance to Quran and Sunnah. That sanctity does not mean all Muslims have equal levels of virtues. Surely all Muslims are not equal in respect of faith, piety, knowledge, experience, skill and vision. We have seen many Muslims remain wavered and keep nurturing doubts regarding many Islamic injunctions even after accepting Islam (plz see my articles “Individual’s Social Development” and “concept of Muslim”). But all these deficiencies and inequalities in terms of virtues, knowledge etc. found in body of Muslims have to be undone by providing  an appropriate political apparatus/ mechanism. 
         Quran says: "  And of the people is he who disputes about Allah (his words) without knowledge or guidance or an enlightening book [from Him]" (al-hajj-8). From this verse, it is inferred that in order to declare any thing from Allah ( to declare Allah's intention), the declaring person must be having knowledge; he must be rightly guided; and his opinion must be based on Quran and Sunnah. 
        Our nabi (saw) states " in a situation where you confront a matter of which no solution you find in Quran and Sunnah, refer such matter to pious and Allah's obedients among you, and it must be decided through consultation, and you must not decide it on the basis of a single person's opinion". 

It means if majority people reach at wrong decision, the people should not follow that wrong decision; rather it is the duty of most pious and learned people to correct such wrong decision. From the words 'it must be decided through consultation'', it may be inferred that  the decision made by the learned and pious people may be or may not be rejected by the majority people (majority may reject learned and pious people's decision/solution only if more than one Islamic solutions are available); but the majority cannot adopt what has been declared wrong by the learned and pious people.  

       From the above quoted authorities, we may infer that  in order to make up inequalities among Body of Muslims in terms of piety and knowledge, an institution (shura) may be raised consisting of most pious and scholar  persons, and such institution may have power/ authority to restrain and guide people to choose one of the right things only.

Similarly the same institution (shura) may have experts/professionals to make up people’s deficiency in experience/skill to restrain and guide people to choose from among the right things only. 

ii.           Decision-making on the basis of majority opinion may be institutionalized mainly in the form of existing Parliament and Provincial Assemblies in Pakistan. But in order to make parliament and assemblies more reflective of people’s majority opinion, proportional representation system may be adopted.

iii.          Internal election may be made mandatory to register/ renew registration of political parties.

iv.          In addition to existing parliament and assemblies, ‘shura’ may be established. ‘Shura’ would consist of shariah experts, legal experts, and professionals of high integrity. Every political party, based on secured percentage of votes in general election, would nominate calculated number of shariah experts, legal experts, and professionals as members of ‘shura’. Due representation of every religious grouping/fiqh, based on number of followers of the grouping/fiqh, must be ensured. 60% members of 'shura' should be shariah experts. Qualification for shariah experts, legal experts, and professionals to be member of ‘shura’ may be based on internationally recognized scholarly  work produced by them.

v.           ‘Shura’ should be capable and authorized to restraint and guide parliament/assemblies to make legislation/decisions according to Quran/Sunnah only. Therefore ‘shura’ should have power to undo un-Islamic legislation/ decisions made by the parliament/assemblies. Supreme Court judges should be ex-officio members of ‘shura’. Shura would act as highest judicial forum in Pakistan.

vi.          All judges in Higher Courts including Supreme Court should be appointed by ‘shura’.

vii.        Shura’s endorsement would be pre-requisite for election/nomination of every candidate competing for membership of parliament/assemblies so that only persons of high integrity may be got elected. In order to perform this function judiciously, shura would need services of Intelligence agencies as well. Therefore all chiefs of armed forces and heads of all intelligence agencies should be appointed by  shura and should be ex-officio members of shura. Similarly head of Accountability institutions and Auditor General Pakistan should be appointed by shura and should be ex-officio member of 'shura'.

viii.      Media should also be supervised by ‘shura’.
ix.    All agreements signed by the government should be ratified by 'shura'. 

This above described Model of Government has some features of Iranian Model, but it is essentially different from Iranian Model in many aspects (continued).