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Islamic organizations

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have a few questions regarding the running of Islamic Organisations. Can you please tell me if the following clauses are legitimate in running Islamic Organisations.

(A) “Decision making at Mashwaras shall as far as possible be undertaken on the basis of unanimity of views. If this is not possible, due to difference of opinions, the decision shall lie with the majority view. In the event of equality of votes, the Faisals (decision makers) decision shall be the deliberating factor.

(B) Cessation of office of Shura members: Elected members including the Faisal shall cease to hold position if, beyond reasonable doubt, they are removed from responsibility by a two-third majority of the Shura Committee who shall not be obliged to give reasons thereof after having duly accorded an opportunity to the said member/s to state his/their case.“

Can you please look at these clauses and explain:

1) Are they permissible in Shariah regarding the running of Islamic organisations and Islamic institutions?

2) Can any of these clauses be found in running of different departments of Deen during Khulafa e Rashideen? I.e. Department of Finance, Department of Justice, Department of education, Department of propagation, Department of Defence, Department of Islamic rulings and Fatawa etc

3) Are there any rulings by eminent Fuqaha to support the clauses.

4) Constitutions also indicate that the Shurah Council shall appoint a Faisal (decision maker) from amongst the Shurah members but the Faisal is bound by the clause (A) above when decisions have to be made. Is this correct?

I have been told that Hazrat Umar (radhiyallahu anhu) used to have a named Shurah council (of senior Sahabah) and if his council were unanimous in their opinion about a certain matter then Hazrat Umar (radhiyallahu anhu) would not go against them.

5) I often hear brothers of certain organisations stating that having an Ameer is the only way to run an organisation independent of any named members of a consultative body, wouldn’t this be a dictatorship and against the principles set out by our Esteemed Khulafa e Rashideen And our Akabireen?

6) Finally, can you please let me know through Scholarly arguments and evidence based research, Can a Shurah Council run an Organisation without having a specific named Ameer? Deciding on matters by mutual consultation and having alternate decision makers during consultative meetings? is this ok in Shariah? as often many brothers are rejecting this notion. To my limited understanding, brothers are comparing organisations to a Khilafat and hence call for an Ameer. If they were to see the organisation as it is, a Department of Deen then they would not hold their view so strongly. But that’s just my view, I could be wrong. please shed some light on this issue. 

Bismillaah

A: Some of our madrasahs in India and Pakistan have these types of clauses as well. This is just an internal arrangement. The most important thing is honesty and the purity of heart. Without honesty and purity of heart and intervention, these things become empty hollow structures without any meaning and will lead eventually to more disputes, misunderstanding and trouble.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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