Constitution of the Caliphate State/ Ummah Council
- Category: Ummah Council §105-111
Article 105: The individuals who represent the Muslims’ views to the Khalifah are the Ummah Council, and the individuals who represent the people in the provinces are the Provincial Councils. It is permitted for non-Muslims to be members in the Shura council for the sake of raising any complaints against any oppression by the rulers or misapplication of the laws of Islam.
This is a Council formed by individuals representing the opinion of the Muslims at large, to which the Khalifah can refer to, in order to consult on various issues. They in turn are the representatives of the Ummah in holding the rulers accountable. This is deduced from the Messenger of Allah’s consultation with some men from the Ansar and the emigrants who represented their people. It is also derived from the Messenger’s assigning some of his companions for consultation (Shura). He used to refer to them more than others for seeking opinion, such as Abu Bakr (ra), Umar (ra), Hamza (ra), ‘Ali (ra), Salman Al-Farisi (ra), Hudhayfah (ra)….
It is also deduced from the fact that Abu Bakr (ra) designated some men from the Muhajir and the Ansar for seeking their opinion when something happened. The people of the consultation (Shura) at the time of Abu Bakr (ra) were the scholars and the people capable of giving legal edicts. Ibn Sa’ad reported from Al-Qasim:
«أن أبا بكر الصديق كان إذا نزل به أمر يريد مشاورة أهل الرأي وأهل الفقه فيه، دعا رجالاً من المهاجرين والأنصار، دعا عمر، وعثمان، وعلياً، وعبد الرحمن بن عوف، ومعاذ بن جبل، وأُبَيّ بن كعب، وزيد بن ثابت، وكل هؤلاء كان يُفْتي في خلافة أبي بكر، وإنما تصير فتوى الناس إلى هؤلاء، فمضى أبو بكر على ذلك، ثم وَلِيَ عمرُ فكان يدعو هؤلاء النَّفَرَ»
“when something happened and Abu Bakr wanted to consult the people of opinion and the people of jurisprudence, he called from the emigrants and the Ansar. Umar, ‘Uthman, ‘Ali, ‘Abd Al-Rahman b. ‘Awf, Mu’adh b Jabal, ‘Ubay b. Ka‘b and Zayd Bin Thabit. They all used to give their opinion during the Khilafah of Abu Bakr. People would also take their legal edicts (fatwa) from them. When Umar became Khalifah, he also called these people”. There are also evidences that call upon the Muslims to account the rulers. Muslims exercised such accounting as happened at the time of the Righteous Khulafaa’. As the Ummah is allowed to be represented in consultation (Shura), she is also allowed to be represented in accounting. All of this indicates that it is allowed to have a special council that represents the Ummah in accounting and in the consultation that is established by the text of the Quran and Sunnah. It is called the Ummah Council because it represents the Ummah in consultation and accounting.
It is permitted for non-Muslim citizens to be members of the Council, in order to file complaints against any injustice perpetrated against them by the rulers or against any misimplementation of Islam upon them or the lack of services to them or the like.