ISLAMIC CONSTITUTIONAL LAW

II: SL2102
 THE PRINCIPLE OF SHURA

Shura is an Arabic word which in English is translated as

“consultation”.
 It is one among the basic principles of Islamic governance. It is a
principle requiring the ones in authority to make consultation
whenever administering public affairs.
• Islam being the religion advocating for the peace and its rules
intend to prevent any kind of harm and to secure benefits/interests,
commands the ones in authority (head of state)obligation of
consulting others before making decision.
 SHURA IN THE QUR-AN

The Qur-an which is the holy book intended to provide guidance to

mankind contains verses relating to the principle of shura. Some of
them are;
“…and consult them in the affairs. Then when you have taken a
decision, put your trust in Allah, certainly, Allah loves those who
put their trust in Him.”(Al-Imran:159).
“…and they consult each other in their affairs…” (Ash-Shura:38).
 SHURA IN THE SUNNAH OF
THE PROPHET
The Messenger of Allah whose rulings are graded as the second
source of Shariah also did consult his companions in different
matters. Indeed he was the best one in making consultation.
 MAJLIS ASH-SHURA

The principle of consultation should be made in a systematic and

proper so as to reach the goal. Thus there must be specific people
to be consulted in order to obtain their views.
These people must be in form of council (Majlis ash-shura)
established by the state. They act as peoples’ representatives.
 ELECTION OF MEMBERS

Members of Majlis Shura may either be appointed by the head of

state or elected by the members of community depending on the
law regulating the council.
 In Qatar for instance, Majlis shura consists of 45 members. Some
members are appointed by the head of state whereas others are
elected through general election.
• In Saudi Arabia, the Council consists of 150 members appointed
by the King.
• The appointment as members of the council lasts for 4 years but
may be renewed.
 QUALIFICATIONS

The qualifications for membership in the Majlis Shura also depend

on the law establishing or regulating that consultative or
legislative council.
However, some of the common qualifications include;
• Puberty
• Sound mind
• Competence in Islamic law or other fields
• Good character
 MEMBERSHIP OF MAJLIS
SHURA IN QATAR
The Majlis Shura of Qatar is established by the Constitution of Qatar
of 2003 (article 61). Hence, its powers are also regulated by the
constitution.
The Constitution stipulates conditions for one to be eligible for
membership in the council. The conditions are laid down in article
80 as follow;
 Qatar nationality
 Not less than thirty years
 Efficiency in reading and writing Arabic
 Not being convicted by a competent court of law for an offence
involving moral turpitude or dishonesty unless rehabilitated
according to the law
 Eligible to vote as determined in the election law.
 FUNCTIONS
The establishment of Majlis Shura assists the state to comply with
the command of applying “shura” in the administration of state
affairs.
This Majlis Shura is also referred as legislative body performing
the following functions;
 Proposing new legislations
 Amending the existing legislations
 Providing advice to the head of state regarding essential affairs of
the state
 Formulating policies to be pursued by the government
 Discussing and approving the national budget
 Supervising and monitoring activities of the government