Discussion Committee:
Dr. Abdullah Jameel Abu Wahdan/supervisor
Dr. Shafeeq Ayyash/external examiner
Dr. Sayel Emarah/internal examiner
Supervisors:
Dr. Abdullah Jameel Abu Wahdan/supervisor
Authors:
Sondos Jamal Rafiq Sheikhali
Abstract:
This study aims to show the importance of Shura and its effective role when being taken in the right way in a state.
Shura,therefore, encircles the state with a protective fence from the enemies'deceit. I did my best to clarify this role showing the characteristics and its related meanings, and to support it, I presented the evidence recommending it from "QURAN and SONNA" so that the rules on which the Shura takes can be extrapolated. Shura,thus, leads to infallibility and then to the nation's progress. I ,then, turned to talk about the Shura folks (the consultatives) presenting the difference happening among them, and I found that after comparing between the views that each Muslim has the right to give his opinion even if not asked except in some matters where opinion is limited to righteous and experienced people.
I also clarified the qualities that must be provided in the Shura consultatives and the opinions of the scholars about some qualities of dispute, where the results of this display was that the responsible Imam has the right to put the conditions he wants as they achieve the public benefit without giving any compulsory mood as based on benefits change by the change of time and place. I then turned to talk about the mechanisms of Shura and they can be carried out, therefore I presented how Shura was implemented at the time of Prophet (peace be upon him) and at the time of the righteous caliphs (ALLAH pleased with them), I found that they considered it as a principle and a fixed asset. I also presented the mechanismsof Shura in the modern time, I also showed the scholar's opinions about it and the arguments among them and I then concluded in the end that the legitimacy of the mechanisms of Shura is to be derived from the purposes of the law and its fundamental rules.
Finally, I find myself obliged to convey my message to the ruler and I ended my research showing how compulsory Shura is and that the Shura is binding to the ruler, so I showed the views of scholars about this issue and that the chosen opinion was that Shura is binding to the ruler as well as a duty, to prevent tyranny and injustice from the governor. As for the conclusion, it has the main results that I reached and to recommendations to implement the principle of Shura in an integrated way without defect or deficiency.