The article discusses “Governance structure in Islam. CSS. Governance structure in Islam shura legislation sources of Islamic law. Governance structure in Islam.”
Governance Structure in Islam
Governance means the action or manner of governing a state or an organization. It is actually a complete process or a system through which a state is governed. In Islam the structure of governance is that devised by Allah in Quran and His Messenger (PBUH) through Sunnah. Some of the basic pillars of governance structure in Islam have been discussed in below paragraphs.
Shura – Consultation is one of the most important functions of a state in Islamic political system. The idea of a pure democracy is the hallmark of Shura in Islamic state structure. The term Shura is akin to parliament in modern political science. Aatir Rizvi in his book Muslim Law and Jurisprudence has defined Shura as “a body consisting of representatives of Muslim community, who assemble for consultation with each other, to reach on decision for running the government.” These representatives are supposed to be guided by the injunctions of Quran and Sunnah.
Mutual consultation is the central idea behind Shura, as the Holy Qura’n states
“Who obey their Lord, attend to their prayers and conduct their affairs with mutual consultation.” Holy Quran (Ash Shura)
Legislation – Legislation means a law or it is the process of making it. The legislative powers of an Islamic state are subject to rules embodied in Quran and Sunnah. Legislatures in an Islamic state can only derive rules present in Holy Quran and Sunnah. They cannot make it by themselves.
Sources of Islamic law – There are many sources from which Islam law derives its authority. Muslim scholars have divided them into three categories. These are
- Primary Sources – Quran and Sunnah
- Secondary Sources – Ijma, Ijtihad, Qiyas
- Subsidiary Sources – Taqleed, Istihsan, Istidlal, Istislah, Maslaha Mursala and Fatawa
Muslim scholars and legislatures in case of new law derivation consult the primary source first and then move to secondary and subsidiary.