Deciding on the basis of majority
Question:-
The Aalame-e-Shoora faction of the Tabligh Jamaat advocates a system of having a Shoora without a permanent Ameer to manage the affairs of their works. Also, they have a system of rotation for the decision-maker (faisal) at their (top-level/worldwide/international) Mashwarahs. It is also mentioned in their documents that decisions will be taken according to the majority view of those present at a Mashwarah. In the light of the sunnah, is this system valid for an Islamic Organization? If yes, some references would be greatly appreciated.
Answer:-
Allah Ta’ala states in the Quraan Sharif:
وَشَاوِرْهُمْ فِي الأَمْرِ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللّهِ إِنَّ اللّهَ يُحِبُّ الْمُتَوَكِّلِينَ
(O Nabi) consult with them (the Sahaabah) in (certain) matters. When you have taken a firm decision (whether it conforms to the opinion of the Sahaabah or not) then place your trust in Allah (and carry out your work). Verily Allah Ta’ala loves those who place their trust in Him. [Surah Aale Imraan Verse 159]
Meaning that, Rasulullah Salallahu Alaihi Wasallam should make Mashwera with the Sahaabah (in his matters) but the decision lies with him, and not with the majority. It does not matter whether the opinion of the majority concur with Nabi Sallallahu Alaihi Wasallam’s decision, or goes against his decision. Hakimul Ummah Maulana Ashraf Ali Thanvi Rahimahullah states that, from here it is proven that reaching a decision based on the view of the majority is Baatil. [Re:- Mawaa’iz-e-Darde Muhabbat Pg.20 – Islami Mamlakat ki Qadr Wa-Qeemat]
اور اس سے معلوم ہوا کہ امور انتظامیہ متعلقہ بالرائے والمشورة میں کثرت رائے کا ضابطہ محض بے اصل ہے ورنہ یہاں عزم میں یہ قید ہوتی کہ بشرطیکہ آپ کا عزم کثرت رائے کے خلاف نہ ہو (بیان القران ص۲۸۸ ج۱)
Hadrat Mufti Mahmood Saheb Rahimahullah has stated in Fataawa Mahmoodiyyah after quoting the above-mentioned verse of Surah Aale Imraan that, it is also proven that the Ameer reserves the right of rejecting the Mashwera of the entire committee (Shoora) and acting on the view that is correct according to him.
The concept of deciding according to the view of majority is not found anywhere in Islam; no person with sound intelligence can imagine any good in it; deciding on a matter according to the view of the majority is the way of the ignorant. [Re:- Fataawa Mahmoodiyyah Pg.415/416 Vol.20 – Meerut print]
As far as rotating the “decision-maker” is concerned, we understand that the stipulated “decision-maker” is actually the Ameer for that particular Mashwera hence, this seems to be in order. However, the concept of ruling according to the decision of the majority is Baatil.
After researching various Kitaabs of our Akaabireen, we found that some Muftis are in favour of deciding on a matter based on the view of the majority. They state that the rule of the Fuqaha in many matters is, “Majority takes the ruling of all.”
للاكثر حكم الكل
Further, they state that Hadrat Umar Radiallahu left the selection of the next Ameer (after him) on the view of the majority. In other words, the Ameer will be selected based on the opinion of the majority. If the constitution of an institute states that the view of the majority will be upheld in concluding a matter, then the view of the majority will have to be taken by the Ameer.
They also state that the decision of the Ameer, or the chairman, can contradict the majority if the constitution states that his decision can go against the majority. The proof that they use is, Hadrat Abu Bakr Radiallahu Anhu went against the ‘people of opinion’ by waging war against those that refused to discharge Zakaat. Similarly, he went against them by dispatching the army of Usaama Radiallahu Anhu. A question can arise here that, Hadrat Abu Bakr Radiallahu personally decided with regard to the Murtads (apostates) and the army of Usaamah Radiallahu Anhu. We do not know of him seeking an opinion from Sahaabah in the matter.
However, Rasulullah Salallahu Alaihi Wasallam made Mashwera with the Sahaabah in regard to pursuing the caravan of Abu Sufyaan on the occasion of Badr, and they responded by saying, ‘We are with you.’ He made Mashwera with the Sahaabah regarding the place of erecting their camps on the plains of Badr, and acted accordingly. On Uhud and the battle of the trenches, he made Mashwera with the Sahaabah and acted according to their Mashwera. On the occasion of the battle of the trenches, he made Mashwera with regard to giving one third of the dates to the Ahzaab, but the Sahaabah disliked it, so he acted accordingly. In other words, in all these instances, he accepted the view of the Sahaabah which was the majority. Ibn Katheer Rahimahullah has written these incidents under the verse of Aale-Imraan wherein Rasulullah Salallahu Alaihi Wasallam is instructed to make Mashwera with the Sahaabah in certain matters. They interpret the following verse as follows:
وَشَاوِرْهُمْ فِي الأَمْرِ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللّهِ إِنَّ اللّهَ يُحِبُّ الْمُتَوَكِّلِينَ
(O Nabi) consult with them (the Sahaabah) in (certain) matters. When you have taken a firm decision (whether it conforms to the opinion of the Sahaabah or not) then place your trust in Allah (and carry out your work). Verily Allah Ta’ala loves those who place their trust in Him. [Surah Aale Imraan Verse 159]
When you have taken your decision based on the view of the majority, then place your trust in Allah Ta’ala and move forward. It could also mean that, in implementing the outcome of your Mashwera, place your trust upon Allah and not on the Mashwera. The Tafseer of Hadrat Ali Radiallahu Anhu regarding the words, “When you have taken a firm decision”, means, mutually consulting with the people of opinion, and then their followers. [Re: Ibn Katheer Pg.454 Vol.1]
Furthermore, they state that if nothing is written in the constitution, but the Ameer is on one side, and majority of the Shoora are on the other side, then the view of the majority should be taken.
Although our view concurs with the view of Hadrat Maulana Thanvi Rahimahullah (which was discussed in our previous Fatwa), there are Ulama that hold a contradicting view, and even have proofs to support their view. Hence, their view should also be respected.
Finally, the Ulama that hold the above view are also inclined towards running the matters of the institute according to the constitution of their organization, as can be clearly understood from the above text. Hence, according to them, it will be acceptable to have a rotating Ameer if this is what the constitution states, and they will only make changes once all members agree to it and the Ameer will be bound to the laws of the constitution, etc. We hope that this clarifies the matter.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 19 Shabaan 1444 / 12 March 2023