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The Decision- Making Process Between Shura (Mutual Consultation) and the Malaysian Parliament: a Comparative Study

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The Decision- Making Process Between Shura (Mutual Consultation) and the Malaysian Parliament: a Comparative Study 7th International Conference on Humanities and Social Sciences “ASEAN 2015: Challenges and Opportunities” (Proceedings) The Decision- Making Process between Shura (Mutual Consultation) and the Malaysian Parliament: A Comparative Study 1. Mohd Kamarul Amree Bin Mohd Sarkam, Faculty of Defence Studies and Management,National Defence University of Malaysia,ungai Besi Camp, 57000 Kuala Lumpur,[email protected] 2. Burhanuddin Bin Jalal, Assoc Prof. Dr. Faculty of Defence Studies and Management,National Defence University of Malaysia, Sungai Besi Camp, 57000 Kuala Lumpur, [email protected] 3. Redwan Bin Yasin, Faculty of Defence Studies and Management, National Defence University of Malaysia, Sungai Besi Camp, 57000 Kuala Lumpur , [email protected] Abstract Decision-making process can be regarded as the cognitive progression among people in order to achieve good result. Every decision-making process produces a final option that may or may not prompt action. Thus, this conceptual paper will compare and analyze the decision-making process between two extraordinary political systems namely shura (mutual consultation) and the Malaysian Parliament. The practice of mutual consultation or shura formed an integral part of early Islamic governance since the days of the Prophet (s.a.w.). Given the fact that the practice of shura is mandated in the Qur’an and the Sunnah, Muslim leaders are under the irrefutable obligation to conduct state affairs through shura. Any Muslim government which has pledged itself to adhere to the principles of Islamic governance must consult with the acknowledged experts in their respective fields in order to arrive at the best possible solution to the matter of question. Meanwhile, The Malaysian Parliament constitutes a democratic political institution which synchronizes the aspirations of a united Malaysian people. It can be recognized as the institution that ensures that the government remains accountable to all citizens and answerable for its actions and inactions. However, the question that arises at this point is whether there are similarities and differences from both systems in the decision-making process. Are the leaders from both systems– after duly consulting with the respective members of their council– bound to follow the decision reached by consensus or not? Therefore, a systematic comparative study is highly needed in order to identify solutions to this matter which is based on two different fundamental perspectives. Hence, a comparative study between the two institutions in general and decision-making process in particular provides the basis for a subsequent evaluation of research findings with the aim to propose better solutions on this matter in the future. Keywords: Institution, democratic, shura, respective, evaluation Faculty of Liberal Arts, Prince of Songkla University, June 5-6, 2015 245 7th International Conference on Humanities and Social Sciences “ASEAN 2015: Challenges and Opportunities” (Proceedings) 1. Introduction Decision-making process can be defined as the process of choosing what to do by considering possible consequences of different choices (Brockman & Russel, 2009). It also can be defined as the process of identifying and choosing alternatives based on the values and preferences of the decision maker. Making a decision implies that there are alternative choices to be considered and to choose the one that best fits with the goals, objectives, desires, values and so on (Harris, 1980). In the political sphere, decision-making process is the essential tool to ponder a deliberate action for the people. Every decision-making process in the political arena produces a final option that may or may not prompt action. Thus, this conceptual paper will compare and analyze the decision-making process between two extraordinary political systems namely shura (mutual consultation) and the Malaysian Parliament as well as to provide best solutions over this matter in the future. 2. The Concept of Shura and its Fundamental Principles 2.1 . Definition of Shura The Arabic term shura has multiple meanings. Its many literal meanings vary from ‘to deploy honey from the wax disc’, ‘to scan the human body while buying’ to ‘to review oneself in the battlefield’. (Al-Khalidi, 1980). However, the nominal usage of the word shura is commonly understood to mean ‘mutual consultation’. Many terminological definitions of shura were proposed by classical Muslim scholars and later by contemporary Muslim scholars. Ibn ‘Arabi (1957) for instance defined it as “a group meeting on a matter whereby each member consults and seeks advice from the other”. According to Al-Tabarsi (1886) it means the act of “exchanging of opinions through dialogue in order to obtain the truth”. Among the more contemporary Muslim scholars are to be mentioned Isma‘il al-Badawi (1994) who defined shura as “to refer certain matters to a group of experts, so that they may share their ideas and thoughts, eventually bringing them closest to the truth”. In the context of this research, shura is understood as a tool of deliberate action to protect public interests and resolve public issues. In this sense, shura serves a similar function of that of the Malaysian Parliament as a representative forum for debates over matters of public interest. Faculty of Liberal Arts, Prince of Songkla University, June 5-6, 2015 246 7th International Conference on Humanities and Social Sciences “ASEAN 2015: Challenges and Opportunities” (Proceedings) 2.2 . Legal Basis or Evidence on Shura The practice of mutual consultation can be referred to in two Qur’anic verses which address the practice of mutual consultation referred to as shura. The first mention is made in Al ‘Imran verse 159: “It is part of the Mercy of Allah that thou dost deal gently with them wart thou severe or harsh-hearted, they would have broken away from about thee: so pass over (their faults), and ask for Allah’s forgiveness for them; and consult them in affairs (of moment). Then, when thou have taken a decision put thy trust in Allah. Verily, Allah loves those who put their trust (in Him)”. The containing verse was reportedly revealed after the crushing Muslim defeat at Uhud after which Allah commanded the Prophet (s.a.w.) to forgive those of his companions who were responsible for it. Before the battle the Prophet (s.a.w.) had consulted his companions over the battle strategy. It had been the Prophet’s own view to remain in Medinah while most of the companions suggested to seek battle outside the city. Needless to say that this was a case of shura and that the Prophet (s.a.w.) himself respected it (Al-Ansari, 1996). The second Quranic verse that addressed shura directly is contained in a surah commonly referred to al-Shura verse 38 and referring to its practice as one of the characteristics of a righteous community: “Those who hearken to their Lord, and establish regular prayer; who conduct their affairs by mutual consultation; who spend out of what we bestow on them for sustenance”. This verse was revealed to the Ansar community in Madinah who had embraced the Prophet’s mission wholeheartedly and transformed their society to become a model society (Al-Zuhaili, 2005). Thus, these two Qur’anic verses are evidence that shura or mutual consultation constitutes the most respectable and effective means of achieving consensus in a community and ensuring that once a decision is agreed upon, it will be supported by all because it is the end result of a combined effort of fruitful discussion and debate. Faculty of Liberal Arts, Prince of Songkla University, June 5-6, 2015 247 7th International Conference on Humanities and Social Sciences “ASEAN 2015: Challenges and Opportunities” (Proceedings) The Prophetic Sunnah constitutes the second source of Islamic law. Among the Prophet’s sayings related to matters of mutual consultation is in the following Hadith narrated by Ibn ‘Umar (r.a.): “Whoever wanted to solve the matters, do a consultation!, Perhaps there is an emergence of assistance to solve the matters” (Al-Alusi, 1926). The Prophet Muhammad (s.a.w.) urged his followers to adhere to the practice of shura in any arising matter of communal concern. He also explained the reason and the benefit of doing so, namely “the emergence of assistance” by which he meant that shared ideas and open discussion would allow them to arrive at the best possible solution together. Another hadith was narrated by Abu Hurayrah (r.a.) according to which the Prophet (s.a.w.) was reported to have said: “Mutual consultation is reliable” (Sunan Abu Dawud, 1965). In other words, the practice of mutual consultation brings about results which are to be trusted in terms of their correctness and efficiency. 2.3 . The Importance of Shura The practice of mutual consultation as a valid form of reaching consensus over matters pertaining to the affairs of the community is explicitly referred to in two Qur’anic verses (Al-‘Imran: 159, As- Shura: 38) as mentioned earlier. Furthermore, it is also stated in the Qur’an chapter al-Baqarah verse 30: “Behold, thy Lord said to the angels: “I will create a vicegerent on earth”. They said: “wilt thou place therein one who will make mischief therein and shed blood? whilst we do celebrate Thy praises and glorify Thy holy (name). He said: “I know what ye know not”. Allah consulted with the angels when appointing man as His vicegerent on Earth (khalifah). Prominent commentators like al-Zamakhshari, al-Razi, and al-Baidawi asserted in this respect that “here, Allah the Exalted wanted to teach man the importance of conducting mushawarah and submitted the task to conduct shura to the experts and leaders” (Al-Khatib, 1985). The practice of shura allows the community to regulate its affairs peacefully and arrive at a consensus acceptable to all individuals or groups involved in the decision- making process. A matter of public interest is put up for discussion and debate among a Faculty of Liberal Arts, Prince of Songkla University, June 5-6, 2015 248 7th International Conference on Humanities and Social Sciences “ASEAN 2015: Challenges and Opportunities” (Proceedings) selected body of experts who are given the opportunity to share their respective insights and suggestions.
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