People’s Assembly: Shura Function and People’s Aspirations in the Khilafah
Dear readers, when we speak about governance systems in Islam, a misleading question often arises from those who have already adopted Western democratic standards: “If the Khilafah is not a democracy, then where is the people’s voice heard? How can the people oversee their leader?”
This question is born from a hidden assumption that the only way to channel people’s aspirations is through a democratic parliament — complete with political parties competing for seats, billion-rupiah campaigns, and representatives who after being elected are busy fighting for their party’s interests, not their constituents’ interests.
Yet Islam has a mechanism far more noble, more just, and more effective in listening to the people’s voice: the People’s Assembly (Majlis al-Ummah). This institution is not an imitation of Western parliaments, but an original institution sourced directly from the practice of the Messenger of Allah ﷺ and the Rightly Guided Caliphs.
In this comprehensive article, we will thoroughly explore what the People’s Assembly is, how the function of syura (consultation) is carried out, how it differs from Ahlul Halli wal ‘Aqdi, and why the Islamic mechanism is far superior to modern democratic parliaments. This discussion is based on the book Nizhamul Hukm fil Islam by Sheikh Taqiuddin An-Nabhani and other Hizbut Tahrir references.
Let us begin this scholarly journey.
1. Introduction: Why the People’s Voice Is Valuable in Islam
Many assume that in the Khilafah system, the people only play the role of passive spectators — accepting every decision of the Khalifah without being able to provide input. This assumption is very wrong and contrary to the reality of Islamic history.
In fact, Islam places the people as active subjects in governance. The Messenger of Allah ﷺ himself, as a Prophet receiving direct revelation from Allah ﷻ, still consulted with the companions in various worldly affairs — from war strategy to public policy.
Note the word of Allah ﷻ that becomes the main foundation of syura:
فَبِمَا رَحْمَةٍ مِنَ اللَّهِ لِنْتَ لَهُمْ ۖ وَلَوْ كُنْتَ فَظًّا غَلِيظَ الْقَلْبِ لَانْفَضُّوا مِنْ حَوْلِكَ ۖ فَاعْفُ عَنْهُمْ وَاسْتَغْفِرْ لَهُمْ وَشَاوِرْهُمْ فِي الْأَمْرِ ۖ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللَّهِ ۚ إِنَّ اللَّهَ يُحِبُّ الْمُتَوَكِّلِينَ
“So by mercy from Allah, [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter. Then when you have decided, then rely upon Allah. Indeed, Allah loves those who rely [upon Him].” (QS. Ali ‘Imran [3]: 159)
This verse was revealed after the Battle of Uhud — an event in which the Messenger of Allah ﷺ consulted with the companions about defense strategy. Although the personal opinion of the Messenger of Allah ﷺ was to remain inside the city of Madinah, he accepted the input of the majority of companions who wanted to go out to face the enemy. This verse affirms that consulting is not a weakness, but a direct command from Allah ﷻ.
And in another surah, Allah ﷻ makes syura a characteristic of believers:
وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنْفِقُونَ
“And those who have responded to their Lord and established prayer and whose affair is [determined by] consultation among themselves, and from what We have provided them, they spend.” (QS. Asy-Syura [42]: 38)
Note how noble the position of syura is — Allah ﷻ places it alongside prayer and spending in His path. This shows that consultation is not merely a decision-making technique, but a social worship reflecting faith.
In the Khilafah system, the people’s voice is not channeled through a ballot box once every five years and then forgotten. Instead, the people have a permanent forum — the People’s Assembly — where they can convey aspirations, give input, and oversee the government continuously.
2. Definition of the People’s Assembly: What and How
Linguistic and Terminological Meaning
Linguistically (lughaan), Majlis al-Ummah (مَجْلِسُ الْأُمَّةِ) consists of two words:
- Majlis (مَجْلِس): Sitting place, forum, council, or institution
- Al-Ummah (الْأُمَّة): Ummah, people, society
In Shariah terminology, the People’s Assembly is defined as:
مَجْلِسُ الْأُمَّةِ: هُوَ الْمُنْتَدَى الْعَامُّ الَّذِي يُمْثِّلُ الرَّعِيَّةَ فِي إِبْدَاءِ الرَّأْيِ وَالشَّكْوَى وَالْمَشُورَةِ
“The People’s Assembly is a public forum representing the subjects in expressing opinion, complaint, and consultation.”
Other Names
In fiqh siyasah literature, the People’s Assembly is also known by several names:
- Majlis asy-Syura (مَجْلِسُ الشُّورَى): Consultative Council
- Majlis at-Ta’awun (مَجْلِسُ التَّعَاوُن): Cooperation Council
- Majlis an-Nuwwab (مَجْلِسُ النُّوَّاب): Council of Representatives
Basic Functions
The People’s Assembly has three interrelated core functions:
First — Conveying People’s Aspirations: The people can convey their wishes, needs, and complaints to the leader directly through their representatives in the assembly.
Second — Consultation (Syura): Providing opinions and input to the Khalifah in various public policies, whether in the fields of economy, society, security, or foreign relations.
Third — Oversight (Hisabah and Riqabah): Overseeing government performance, reminding the Khalifah and officials if deviations occur, and performing enjoining good and forbidding evil.
Who Are Its Members?
Unlike Ahlul Halli wal ‘Aqdi which has strict criteria (to be discussed in a separate section), membership of the People’s Assembly is more inclusive. Every Muslim citizen who is adult and sane has the right to convey their aspirations through this assembly.
Non-Muslims (Ahlu Dhimmah) also have their own channels of aspiration for matters concerning their communities, although they do not enter the structure of the People’s Assembly discussing general state policy.
Table 1: Basic Profile of the People’s Assembly
| Aspect | Description |
|---|---|
| Official Name | Majlis al-Ummah (مَجْلِسُ الْأُمَّةِ) |
| Institutional Nature | Consultative (consultation, not binding) |
| Membership | All Muslim citizens (adult, sane) |
| Main Functions | Aspirations, consultation, oversight |
| Relationship with Khalifah | Provides input, does not compel |
| Main Basis | QS. Ali ‘Imran: 159, QS. Asy-Syura: 38 |
3. Shariah Basis: Evidences About Syura
The presence of the People’s Assembly and the practice of syura in the Khilafah are not merely the result of ijtihad, but are firmly rooted in textual evidences from the Qur’an and Sunnah. Let us examine them one by one.
First Evidence: The Command to Consult
Allah ﷻ commands the Messenger of Allah ﷺ — and automatically every Muslim leader after him — to consult with the people:
وَشَاوِرْهُمْ فِي الْأَمْرِ ۖ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللَّهِ
“…and consult them in the matter. Then when you have decided, then rely upon Allah…” (QS. Ali ‘Imran [3]: 159)
Scholars of usul fiqh affirm that commands to the Messenger of Allah ﷺ in matters of muamalah (not matters of revelation) also apply to leaders after him. So, this verse becomes the basis for the obligation of consultation in Islamic governance.
Second Evidence: Syura as a Characteristic of Believers
وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ
“And those who have responded to their Lord and established prayer and whose affair is [determined by] consultation among them…” (QS. Asy-Syura [42]: 38)
This verse describes consultation as a distinctive characteristic of the believing community — not an optional choice, but an inherent characteristic of the Muslim community.
Third Evidence: Enjoining Good and Forbidding Evil
The command to oversee the government and remind those who deviate is also a Shariah basis for the oversight function of the People’s Assembly:
وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ ۚ وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ
“And let there be [arising] from you a nation inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful.” (QS. Ali ‘Imran [3]: 104)
كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ وَتُؤْمِنُونَ بِاللَّهِ
“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah…” (QS. Ali ‘Imran [3]: 110)
Fourth Evidence: The Obligation to Advise Leaders
From Tamim ad-Dari (may Allah be pleased with him), the Messenger of Allah ﷺ said:
الدِّينُ النَّصِيحَةُ. قُلْنَا: لِمَنْ؟ قَالَ: لِلَّهِ وَلِكِتَابِهِ وَلِرَسُولِهِ وَلِأَئِمَّةِ الْمُسْلِمِينَ وَعَامَّتِهِمْ
“Religion is sincere advice. We asked: To whom? The Messenger of Allah ﷺ replied: To Allah, to His Book, to His Messenger, to the leaders of the Muslims, and to their common people.” (HR. Muslim no. 55)
This hadith is very important because it shows that advising leaders is part of religion itself. The People’s Assembly is a structured venue to carry out this advice collectively.
Fifth Evidence: Warning for Leaders Who Do Not Listen to the People
The Messenger of Allah ﷺ gave a stern warning to leaders who close themselves off from the people’s aspirations:
مَا مِنْ أَمِيرٍ يَلِي أَمْرَ الْمُسْلِمِينَ ثُمَّ لَا يَجْهَدُ لَهُمْ وَيَنْصَحُ إِلَّا لَمْ يَدْخُلِ الْجَنَّةَ مَعَهُمْ
“There is no leader who is put in charge of the affairs of the Muslims, then he does not strive for them and advise them, except he will not enter Paradise with them.” (HR. Muslim no. 142)
مَا مِنْ رَاعٍ يَرْعَى رَعِيَّةً ثُمَّ يَغُشُّهُمْ إِلَّا حَرَّمَ اللَّهُ عَلَيْهِ الْجَنَّةَ
“There is no shepherd who tends his flock, then he deceives them, except Allah forbids Paradise for him.” (HR. Bukhari no. 7151 and Muslim no. 142)
Sixth Evidence: The Command to Render Trusts to Those Entitled
إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا ۖ وَإِذَا حَكَمْتُمْ بَيْنَ النَّاسِ أَنْ تَحْكُمُوا بِالْعَدْلِ ۚ إِنَّ اللَّهَ نِعِمَّا يَعِظُكُمْ بِهِ ۗ إِنَّ اللَّهَ كَانَ سَمِيعًا بَصِيرًا
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” (QS. An-Nisa’ [4]: 58)
This verse becomes the basis that every government affair must be managed with trustworthiness and justice — and listening to the people’s voice is part of fulfilling that trust.
Table 2: Recapitulation of Syura Evidences
| No | Evidence | Source | Main Content |
|---|---|---|---|
| 1 | ”Consult them in the matter” | QS. Ali ‘Imran: 159 | Command to consult for leaders |
| 2 | ”Their affair is determined by consultation” | QS. Asy-Syura: 38 | Syura as a characteristic of believers |
| 3 | ”Enjoin good, forbid evil” | QS. Ali ‘Imran: 104 | Basis of oversight function |
| 4 | ”Best nation” | QS. Ali ‘Imran: 110 | Collective obligation to control policy |
| 5 | ”Religion is advice… for leaders” | HR. Muslim no. 55 | Advising leaders = part of religion |
| 6 | ”Leader who deceives the people” | HR. Bukhari no. 7151 | Warning for untrustworthy leaders |
| 7 | ”Render trusts to those entitled” | QS. An-Nisa’: 58 | Justice and transparency in governance |
4. Difference Between the People’s Assembly and Ahlul Halli wal ‘Aqdi
This is a point that often confuses. Many people assume the People’s Assembly and Ahlul Halli wal ‘Aqdi are the same institution. In fact, they have fundamental differences in scope, function, membership criteria, and the legal strength of their decisions.
Brief Definition of Ahlul Halli wal ‘Aqdi
Before comparing, let us first understand what Ahlul Halli wal ‘Aqdi is. Linguistically:
- Ahlul (أَهْل): People, group
- Al-Hall (الْحَل): Releasing, canceling, resolving
- Al-‘Aqd (الْعَقْد): Binding, making a contract
So Ahlul Halli wal ‘Aqdi are people who have the capacity to bind and release decisions — in the context of the state, they are representatives of the Ummah who choose the Khalifah, oversee his performance, and can dismiss him if necessary.
Comprehensive Comparison
Table 3: Comparison of People’s Assembly vs. Ahlul Halli wal ‘Aqdi
| Differentiating Aspect | People’s Assembly | Ahlul Halli wal ‘Aqdi |
|---|---|---|
| Membership Scope | All Muslim citizens (inclusive) | Chosen representatives (exclusive) |
| Member Criteria | Muslim, adult, sane | Muslim, just, knowledgeable, capable of ijtihad, representing a group |
| Institution Size | Large (all people) | Small (chosen representatives) |
| Main Function | Aspirations, syura, hisbah | Choosing the Khalifah, overseeing, dismissing |
| Strength of Decision | Consultative (not binding) | Binding (bay’ah in’iqad) |
| When They Play a Role | Continuously, at all times | Mainly during selection and dismissal of the Khalifah |
| Relationship with Khalifah | Provides input, does not compel | Can compel in matters of bay’ah and dismissal |
Analogy 1: People’s Assembly and Ahlul Halli wal ‘Aqdi Like a Town Hall and Advisory Board
Imagine a large city wanting to build a new bridge.
The People’s Assembly is like an open town hall — all city residents can attend and express their opinions: “This bridge is needed there,” “The cost is too high,” “There is another alternative.” All opinions are heard, recorded, and considered. But the final decision remains with the mayor.
Ahlul Halli wal ‘Aqdi is like a core advisory board — consisting of engineering experts, senior economists, and the most trusted community figures. When the mayor dies, they are the ones who choose a successor. If the mayor is proven corrupt, they are the ones authorized to dismiss him. Their decisions are binding.
Both institutions complement each other. The town hall (People’s Assembly) absorbs aspirations from below, while the advisory board (Ahlul Halli wal ‘Aqdi) makes strategic decisions based on those aspirations.
Why Are Both Institutions Needed?
Because they serve different needs:
-
The People’s Assembly ensures that every citizen’s voice is heard — farmers in villages, factory workers, school teachers, market traders. No one feels marginalized because they have no channel to speak.
-
Ahlul Halli wal ‘Aqdi ensures that crucial decisions (such as choosing the Khalifah) are made by truly competent people — not by masses easily swayed by emotion or political persuasion.
The combination of both produces a system that is inclusive in listening to aspirations, yet selective in making strategic decisions.
Table 4: Example Cases of Each Institution’s Role
| Situation | Role of People’s Assembly | Role of Ahlul Halli wal ‘Aqdi |
|---|---|---|
| Fuel price increase | Absorbs people’s complaints, conveys to the Khalifah | Evaluates whether the Khalifah’s policy conforms to Shariah |
| Election of new Khalifah | People convey bay’ah (approval) | Chooses candidates, processes bay’ah in’iqad |
| Khalifah proven unjust | Conveys people’s dissatisfaction | Dismisses the Khalifah through Mahkamah Mazhalim |
| Foreign policy | Conveys opinions about treaties | Oversees whether treaties benefit the Ummah |
5. Functions of the People’s Assembly: Five Main Pillars
The People’s Assembly is not merely a ceremonial institution. It has concrete functions that are the backbone of the relationship between the people and the government in the Khilafah. Let us dissect its five main functions.
First Function: Conveying People’s Aspirations (At-Ta’abir ‘an Ar-Ra’iyyah)
This is the most basic function. The People’s Assembly becomes a communication bridge between the people and the Khalifah. People who have complaints about public service, economic policy, or social issues can convey them through the assembly.
Mechanism of conveying aspirations:
| Source of Aspirations | Method of Conveying | Example |
|---|---|---|
| Individuals | Coming directly to the assembly session | Complaint about damaged roads in the neighborhood |
| Professional groups | Through association representatives | Traders’ union demanding fair tax policy |
| Regions | Through regional representatives | Village delegation reporting clean water shortage |
| Civil society organizations | Official forums | Educational institutions requesting attention to curriculum |
Second Function: Consultation (Asy-Syura)
When the Khalifah faces public policy of an ijtihadi nature (not law already clear from text), he consults with the People’s Assembly. This covers:
- Economic policy and state budget
- Infrastructure development strategy
- Crisis handling (natural disasters, disease outbreaks)
- Diplomatic relations with other countries
- Defense and security strategy
Important to understand: The results of the People’s Assembly’s consultation are consultative, not binding. The Khalifah has the right to accept, reject, or modify input from the assembly. However, a wise Khalifah will certainly listen to the people’s aspirations because it reflects an attitude of tawakkal and humility.
Third Function: Government Oversight (Ar-Riqabah ‘ala Al-Hukm)
The People’s Assembly is tasked with overseeing government performance — including the Khalifah, the Mu’awin (assistants), Wali (governors), and all state officials. This oversight covers:
| Field of Oversight | What Is Overseen | Action If There Is Deviation |
|---|---|---|
| Government performance | Effectiveness of public service | Conveying public reprimand |
| State finances (Baitul Mal) | Budget transparency, distribution of common wealth | Requesting audit and open reports |
| Policy | Conformity with Islamic Shariah | Openly opposing if contradicting Shariah |
| Officials’ morals | Behavior of the Khalifah and officials | Public advice, can escalate to Mahkamah Mazhalim |
Fourth Function: Enjoining Good and Forbidding Evil (الامر بالمعروف والنهي عن المنكر)
This is a moral-religious function. The People’s Assembly not only oversees policy, but also enforces moral standards in governance. If the government tends toward unjust, corrupt, or deviant policies from Islamic teachings, the People’s Assembly is obligated to remind — even openly oppose.
Allah ﷻ says:
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَقُولُوا قَوْلًا سَدِيدًا يُصْلِحْ لَكُمْ أَعْمَالَكُمْ وَيَغْفِرْ لَكُمْ ذُنُوبَكُمْ ۗ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ فَقَدْ فَازَ فَوْزًا عَظِيمًا
“O you who have believed, fear Allah and speak words of appropriate justice, He will [then] amend for you your deeds and forgive you your sins. And whoever obeys Allah and His Messenger has certainly attained a great attainment.” (QS. Al-Ahzab [33]: 70-71)
The Messenger of Allah ﷺ also said about the obligation to correct leaders:
سَيِّدُ الشُّهَدَاءِ حَمْزَةُ بْنُ عَبْدِ الْمُطَّلِبِ، وَرَجُلٌ قَامَ إِلَى إِمَامٍ جَائِرٍ فَأَمَرَهُ وَنَهَاهُ فَقَتَلَهُ
“The master of the martyrs is Hamzah bin Abdul Muththalib, and a man who stood before a tyrannical ruler, commanded him good and forbade him evil, and the ruler killed him.” (HR. Ahmad no. 2795 and Abu Dawud no. 4344)
Fifth Function: Resolving Social Problems (Hallu Al-Masyakil Al-Ijtima’iyyah)
The People’s Assembly also plays a role as a mediator in resolving social conflicts in society. When disputes occur between groups, tribes, or regions, the People’s Assembly can be a mediation forum to seek peaceful resolution.
Allah ﷻ says:
وَإِنْ طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا
“And if two factions among the believers should fight, then make settlement between the two…” (QS. Al-Hujurat [49]: 9)
Table 5: Summary of Five Functions of the People’s Assembly
| No | Function | Brief Description | Supporting Evidence |
|---|---|---|---|
| 1 | Conveying Aspirations | Bridge between people and Khalifah | HR. Muslim no. 55 (advice for leaders) |
| 2 | Consultation | Providing policy input | QS. Ali ‘Imran: 159 |
| 3 | Government Oversight | Controlling performance and finances | HR. Bukhari no. 7151 |
| 4 | Enjoining Good and Forbidding Evil | Upholding moral standards | QS. Ali ‘Imran: 104 |
| 5 | Resolving Conflicts | Social mediation | QS. Al-Hujurat: 9 |
6. Stories of the Messenger of Allah’s ﷺ Consultation: Exemplars from the Sirah
To understand how syura works in practice, there is no better source than the life of the Messenger of Allah ﷺ himself. Although he received revelation, Allah ﷻ still commanded him to consult — and he carried it out very well.
Let us explore three monumental events showing how deeply the Messenger of Allah ﷺ valued the opinions of his companions.
First Story: Battle of Badr — Troop Position on the Battlefield
Background: Year 2 Hijriyah. The Muslim army of about 313 men moved toward Badr to intercept a Quraysh trade caravan led by Abu Sufyan. However, the caravan escaped and Quraysh of Makkah sent a war force of about 1,000 men.
Moment of Consultation: When arriving near the wells of Badr, the Messenger of Allah ﷺ chose a certain position for the army’s camp. One companion named Al-Hubab bin Al-Mundhir (RA) asked:
“O Messenger of Allah, is this position you have taken a place commanded by Allah ﷻ — so we may not advance or retreat? Or is this your own opinion in war strategy?”
The Messenger of Allah ﷺ replied with an open heart: “This is my opinion in war strategy.”
Al-Hubab then said: “O Messenger of Allah, this position is not the right choice. Let us move to the well closest to the enemy, we take control of the water there, then we close the other wells. That way, the enemy will have no water, while we can drink as much as we want.”
The Messenger of Allah ﷺ immediately accepted this suggestion and ordered the troops to relocate.
Important Lessons:
- The Messenger of Allah ﷺ was not offended when asked whether his position was a command from Allah or personal opinion
- An ordinary companion (not a major figure) could provide strategic input that was accepted
- Consultation in worldly affairs (war strategy) is very different from matters of revelation
- The result of consultation can be better than the leader’s own opinion
Second Story: Battle of Khandaq (Ahzab) — An Idea from a Persian
Background: Year 5 Hijriyah. A large confederacy from various Quraysh tribes and Jews of Bani Nadir — numbering about 10,000 troops — moved to attack Madinah. The Muslims, numbering only 3,000, had to face a very serious threat.
Moment of Consultation: The Messenger of Allah ﷺ called the companions to consult about defense strategy. In that gathering, a companion named Salman Al-Farisi (RA) — a Persian who had recently embraced Islam and was formerly a slave — proposed an idea never known to the Arabs:
“O Messenger of Allah, when we were in Persia, if we feared being attacked by the enemy, we dug a trench around the city. Perhaps we could do the same here?”
The Messenger of Allah ﷺ immediately accepted this idea. He himself participated in digging the trench alongside the companions — a symbol of leadership that is humble and down-to-earth.
Important Lessons:
- The best ideas can come from anyone — including a foreigner (Persian) and a former slave
- Islam is not discriminatory against ethnic background or social status
- Consultation can produce innovative solutions not previously thought of
- A good leader humbles himself to listen to input from anyone
Third Story: Treaty of Hudaybiyyah — An Unpopular But Wise Decision
Background: Year 6 Hijriyah. The Messenger of Allah ﷺ along with about 1,400 companions departed from Madinah toward Makkah with the intention of umrah — not to fight. They wore ihram and brought sacrificial animals. However, Quraysh of Makkah prevented them from entering.
Moment of Consultation: After negotiations, the Treaty of Hudaybiyyah was reached with several conditions that appeared disadvantageous to the Muslims:
- The Muslims had to return to Madinah without umrah this year
- If a person from Quraysh embraced Islam and migrated to Madinah, they must be returned to Makkah
- If a Muslim from Madinah returned to Quraysh, they need not be returned
The companions — including Umar bin Al-Khaththab (RA) — felt very objectionable to these conditions. They asked the Messenger of Allah ﷺ: “Are we not upon truth and they upon falsehood? Why must we submit like this?”
The Messenger of Allah ﷺ explained the wisdom behind this treaty. Although some companions were still not satisfied, they eventually accepted his decision.
Surprising Result: Allah ﷻ Himself called this treaty a clear victory:
إِنَّا فَتَحْنَا لَكَ فَتْحًا مُبِينًا
“Indeed, We have given you a clear conquest.” (QS. Al-Fath [48]: 1)
And it turned out, within two years after Hudaybiyyah:
- Islamic da’wah spread widely due to peaceful conditions
- The number of people embracing Islam multiplied
- The following year, the Messenger of Allah ﷺ could perform umrah peacefully (Umratul Qadha’)
- Two years later, Fathu Makkah (Conquest of Makkah) occurred
Important Lessons:
- Sometimes the result of consultation is not popular in the eyes of the people
- A wise leader sees the long term, not just immediate reactions
- The people must trust a leader proven trustworthy
- However, the leader is also obligated to explain his reasons so the people do not suspect
Table 6: Three Stories of the Messenger of Allah’s ﷺ Consultation
| Event | Topic of Consultation | Idea Proposer | Result | Key Lesson |
|---|---|---|---|---|
| Battle of Badr | Troop position on the battlefield | Al-Hubab bin Al-Mundhir | Moved to the nearest well | Strategy input from anyone can be better |
| Battle of Khandaq | Defense strategy for Madinah | Salman Al-Farisi | Dug a trench around Madinah | Innovative ideas from foreigners accepted with an open heart |
| Hudaybiyyah | Peace treaty with Quraysh | Messenger of Allah ﷺ | Treaty accepted, became a victory | Unpopular decisions can be best in the long term |
7. Comparison of the People’s Assembly with Democratic Parliaments
This is a very important section — because many people automatically equate the People’s Assembly with democratic parliaments (DPR, Congress, European Parliament, etc.). Yet they have fundamental differences stemming from different ideological foundations.
Let us dissect the differences in detail.
Difference in Philosophical Foundation
Democratic parliaments stand on the foundation of popular sovereignty — meaning, the people are the highest holders of power and have the right to make any law according to their will. If the majority of people want something, then that is the law, regardless of whether it conforms to or contradicts religious teachings.
The People’s Assembly, on the other hand, stands on the foundation of sovereignty of Shariah (siyadah asy-syari’ah). The people do not have the right to make law contradicting the Qur’an and Sunnah. The function of consultation here is limited to ijtihadiyyah matters — that is, matters that have no clear text from the Qur’an and Sunnah.
Table 7: In-Depth Comparison of People’s Assembly vs. Democratic Parliament
| Differentiating Aspect | People’s Assembly (Khilafah) | Democratic Parliament (DPR, Congress, etc.) |
|---|---|---|
| Philosophical Foundation | Sovereignty of Shariah (Allah ﷻ as Lawmaker) | Sovereignty of the People (humans as Lawmakers) |
| Source of Law | Qur’an, Sunnah, Ijma’ of Companions, Qiyas | Man-made constitution, amendments, voting |
| Authority | Consultative (not binding) | Legislative (makes binding laws) |
| Membership | All Muslim citizens can convey aspirations | Members elected through elections (political parties) |
| Party System | No political parties (all Ummah united) | Based on competing parties |
| Election Cost | None (no campaigning or elections) | Very expensive (billions to trillions of rupiah) |
| Member Salary | None (worship and responsibility) | Exists (large salary from people’s taxes) |
| Campaigning | None | Massive, often with false promises |
| Political Lobbying and Bribery | Haram and can be brought to Mahkamah Mazhalim | Common (money politics, corporate lobbying) |
| Accountability | To Allah ﷻ and the people | To voters and campaign donors |
| Executive-Legislative Relationship | Harmonious (not opposition) | Often in conflict (checks and balances) |
| Moral Standard of Members | Must be Muslim, just, moral | No moral standard (corruptors can be elected) |
Table 8: Practical Comparison in Daily Life
| Situation | In Democratic Parliament | In People’s Assembly |
|---|---|---|
| People want to convey complaints | Must wait for their regional DPR member, or demonstrate | Come directly to the People’s Assembly session |
| Policy contradicts religion | Majority can legalize (e.g., same-sex marriage) | Automatically rejected because contradicting Shariah |
| Operational cost of institution | Trillions of rupiah per year (salaries, facilities, travel) | Minimal (members not salaried, work as worship) |
| Inter-faction conflict | High (opposition party vs government coalition) | Low (all united under Shariah, differences resolved through discussion) |
| Corporate influence | Very large (lobbying, campaign contributions, revolving door) | None (corporations must not interfere in syura) |
| Representation of people | Formal (elected, but often not aspirational) | Substantive (all people have a direct voice) |
Analogy 2: Traditional Market vs. Supermarket
Imagine two different shopping places.
Democratic parliament is like a modern supermarket. You enter, see beautiful shelves, bright lights, and neat price labels. But behind that magnificence, there are some problems: prices are set by capital owners (not by buyer needs), dangerous products are still displayed as long as they sell (because of profit orientation), and you can only choose from goods already provided — you cannot request other goods.
People’s Assembly is like a traditional market. The atmosphere may be more crowded and less structured. But here, every merchant and buyer can directly negotiate. If there is a product not fit for sale, the buyer can immediately reprimand. If the price is too high, the buyer can bargain. Everyone has a voice. There is no wall separating merchants and buyers.
The difference: in the supermarket (parliament), the shop owner is in power. In the traditional market (People’s Assembly), the shared rules are in power — in this case, Islamic Shariah that is just for all.
Why Is the People’s Assembly Superior?
- More inclusive: All people can convey aspirations, not just elected parliament members
- Cheaper: No election costs, campaigning, or member salaries
- More moral: No money politics, corporate lobbying, or false promises
- More stable: No drastic policy changes every election
- More dignified: People are not “bought” with money or social assistance
- More transparent: All consultations are open and accessible to the people
8. Working Mechanism of the People’s Assembly: How Sessions Run
After understanding the theory, let us see how the People’s Assembly works in practice. Although the book Nizhamul Hukm fil Islam does not detail the administrative structure specifically (because this is ijtihadi and can differ depending on the era), we can understand the general mechanism agreed upon by scholars of fiqh siyasah.
Tiered Structure
The People’s Assembly operates at several levels:
Central Level (Capital of the Khilafah):
- Located at the center of government, near the Khalifah’s office
- Plenary sessions at least 2 times per year
- Has commissions according to field (economy, social, law, security, foreign affairs)
- Permanent secretary for administration and documentation
Regional Level (Province):
- Located at the capital of the region or province
- Regional sessions 4 times per year (every 3 months)
- Receives aspirations from the district level and conveys them to the central level
- Coordination with the Wali (governor) of the area
District Level (City/Regency):
- Located in the city or regency
- District sessions every month or as needed
- Closest to ordinary people — the most open door of aspiration
- Absorbs local complaints and needs
Table 9: Tiered Structure of the People’s Assembly
| Level | Location | Session Frequency | Main Function |
|---|---|---|---|
| Central | Capital of the Khilafah | 2x per year (plenary) | National consultation, commission coordination |
| Regional | Provincial Capital | 4x per year | Filtering district aspirations, coordinating with Wali |
| District | City/Regency | Monthly | Direct absorption of aspirations from the people |
Session Agenda
Each session of the People’s Assembly has a structured agenda:
1. Government Report The Khalifah or his representative delivers a performance report — either periodically or when requested by the assembly. This report covers:
- State financial condition (Baitul Mal)
- Policies that have been taken
- Challenges faced
- Future plans
2. Conveying People’s Aspirations Assembly members convey complaints, suggestions, and proposals from the people they represent. This can include:
- Complaints about public service (damaged roads, clean water, education)
- Proposals for new policies (subsidies, infrastructure development)
- Criticism of policies already running
3. Policy Consultation When the Khalifah needs input on certain policies, he submits the topic of consultation to the assembly. Examples:
- Does the state need to increase food subsidies?
- What is the strategy for facing security threats?
- Is a trade agreement with a certain country beneficial for the Ummah?
4. Commission Discussion Special commissions discuss topics in depth according to their fields:
- Economy Commission: discussing budget, taxes, trade
- Social Commission: discussing education, health, welfare
- Law Commission: discussing judiciary, human rights
- Security Commission: discussing defense, order
- Foreign Affairs Commission: discussing diplomacy, international relations
5. Formulation of Recommendations After consultation is complete, the assembly formulates recommendations delivered to the Khalifah. These recommendations are consultative — the Khalifah has the right to accept, reject, or modify.
Table 10: Consultation Process in the People’s Assembly
| Stage | Activity | Executor | Output |
|---|---|---|---|
| 1 | Submission of problems | People or Assembly members | List of problems to be discussed |
| 2 | Open discussion | All assembly members | Various perspectives and proposals |
| 3 | Absorption of input | Relevant commission | Summary of opinions |
| 4 | Formulation of conclusions | Session leadership | Conclusion of consultation |
| 5 | Recommendations to the Khalifah | People’s Assembly | Official recommendation document |
| 6 | Follow-up | Khalifah | Final decision (can accept or reject) |
Nature of Decisions
It is important to reiterate: decisions of the People’s Assembly do not bind the Khalifah. This is different from democratic parliaments that can force a president or prime minister to follow the laws they create.
Why so? Because in Islam, leadership (imamah) is one — there must not be two holders of executive authority that are equal. The Khalifah is the final decision-maker after considering all input.
However, a wise Khalifah will find it very difficult to ignore the recommendations of the People’s Assembly because:
- The People’s Assembly represents the voice of the people
- Ignoring the people’s aspirations can cause dissatisfaction and instability
- The Khalifah will be held accountable before Allah ﷻ for his decisions
Table 11: Types of People’s Assembly Sessions
| Session Type | Frequency | Participants | Purpose |
|---|---|---|---|
| Plenary Session | 2x per year | All central-level members | Annual report, national consultation |
| Commission Session | Every month | Commission members | In-depth discussion per field |
| Regional Session | 4x per year | Regional-level members | Inter-district coordination |
| District Session | Monthly | District-level members | Absorption of local aspirations |
| Special Session | As needed | Limited invitees | Crisis, disaster, urgent issues |
9. Relationship of the People’s Assembly with Other State Institutions
The People’s Assembly does not stand alone. It is part of a larger Khilafah governance system — an ecosystem of interrelated and mutually overseeing institutions. Let us understand how the People’s Assembly interacts with other institutions.
Relationship with the Khalifah
This is the most crucial relationship. The People’s Assembly directly faces the Khalifah as the holder of the highest executive authority.
Forms of Relationship:
- The People’s Assembly conveys aspirations of the people to the Khalifah
- The Khalifah receives reports from the assembly and considers its recommendations
- The People’s Assembly oversees the performance of the Khalifah and reprimands if there are deviations
- The Khalifah is not obligated to follow the assembly’s recommendations (consultative nature)
- However, a wise Khalifah will listen because it reflects good leadership
Communication Mechanism:
- The Khalifah can come directly to the assembly session or send a representative (Mu’awin)
- The People’s Assembly can send a delegation to the Khalifah’s office
- Reports and recommendations are delivered in writing and openly
Relationship with Ahlul Halli wal ‘Aqdi
Both institutions have different but complementary functions.
Forms of Relationship:
- The People’s Assembly absorbs aspirations from the people and conveys them to Ahlul Halli wal ‘Aqdi
- Ahlul Halli wal ‘Aqdi considers those aspirations in making strategic decisions
- Both institutions coordinate in overseeing the Khalifah
- When Ahlul Halli wal ‘Aqdi needs to dismiss the Khalifah, they can use pressure from the People’s Assembly as legitimacy that the people also want the same
Relationship with the Mahkamah Mazhalim
The Mahkamah Mazhalim is a special court trying mistakes of state officials — including the Khalifah. Relationship with the People’s Assembly:
Forms of Relationship:
- The People’s Assembly can report violations of officials to the Mahkamah Mazhalim
- The Mahkamah Mazhalim is independent in deciding — not under the influence of the People’s Assembly
- If the Mahkamah Mazhalim decides that the Khalifah is guilty and must be dismissed, then Ahlul Halli wal ‘Aqdi execute that decision
Relationship with Other Institutions
| Institution | Relationship with People’s Assembly |
|---|---|
| Mu’awin (Khalifah’s Assistants) | Receiving reports, policy coordination |
| Wali (Governors) | Receiving regional aspirations, regional coordination |
| Baitul Mal | Overseeing financial transparency of the state |
| Departments | Receiving performance reports, program evaluation |
Table 12: Network of State Institutions in the Khilafah
| Institution | Main Role | Relationship with People’s Assembly | Nature of Relationship |
|---|---|---|---|
| Khalifah | Highest executive leader | Receives aspirations and recommendations | Consultative |
| Ahlul Halli wal ‘Aqdi | Choosing and dismissing the Khalifah | Coordination of oversight | Complementary |
| Mahkamah Mazhalim | Trying violations of officials | Receiving reports from the assembly | Independent |
| Mahkamah Qadha | General judiciary | No direct relationship | Independent |
| Baitul Mal | Management of state finances | Oversight of transparency | Oversight |
| Mu’awin | Khalifah’s assistants | Operational coordination | Functional |
| Wali | Regional governors | Regional aspirations | Coordinative |
10. Conclusion: The People’s Assembly as the True Face of Islamic Democracy
Dear readers, after exploring ten discussions above, let us draw the common thread from this entire discussion.
The People’s Assembly in the Khilafah system is not a foreign or strange institution. It is a real manifestation of the values of syura taught by Islam since 1,400 years ago — long before the West knew parliamentary democracy. In fact, it can be said that the People’s Assembly is a purer form of democracy than the modern democracy we witness today.
Why so? Because:
- In the People’s Assembly, every citizen has a direct voice — no need to wait for elections once every five years
- There is no money politics tarnishing the nobility of the consultation process
- There are no political parties dividing the Ummah into mutually hostile camps
- There are no tempting salaries becoming the hidden motivation of members
- All consultations are bound by Shariah — there can be no law contradicting the Qur’an and Sunnah
Summary of Key Points
Table 13: Summary of Key Points of the People’s Assembly
| No | Key Point | Brief Explanation |
|---|---|---|
| 1 | Syura is a command from Allah ﷻ | QS. Ali ‘Imran: 159 commands the Messenger of Allah ﷺ to consult |
| 2 | People’s Assembly differs from Ahlul Halli wal ‘Aqdi | The former is inclusive and consultative, the latter is exclusive and binding |
| 3 | Five main functions | Aspirations, consultation, oversight, enjoining good and forbidding evil, social mediation |
| 4 | Sirah of the Messenger of Allah ﷺ is the exemplar | Badr, Khandaq, Hudaybiyyah show the depth of syura |
| 5 | Fundamentally different from democratic parliaments | Sovereignty of Shariah vs. sovereignty of the people |
| 6 | Tiered structure | Central, regional, district — all connected |
| 7 | Decisions are consultative | Khalifah is not obligated to follow, but wise to listen |
| 8 | Coordination with other institutions | Khalifah, Ahlul Halli wal ‘Aqdi, Mahkamah Mazhalim |
| 9 | More inclusive and moral | All people participate, without money politics |
| 10 | Real implementation in Islamic history | Previous Khilafahs had consultative assemblies |
Simple Formula
If we summarize in one formula:
People’s Assembly = Syura (Consultation) + People’s Aspirations + Government Oversight
Without the People’s Assembly, the Khilafah would lose one of the most important mechanisms to stay connected with its people. With the People’s Assembly, the Khilafah’s government becomes more responsive, more transparent, and more accountable — both to the people and to Allah ﷻ.
Closing
Dear readers, let us reflect once more on the word of Allah ﷻ that is the spirit of this entire discussion:
وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنْفِقُونَ
“And those who have responded to their Lord and established prayer and whose affair is [determined by] consultation among themselves, and from what We have provided them, they spend.” (QS. Asy-Syura [42]: 38)
This verse does not only describe a decision-making mechanism. It describes a living society — a society whose prayers are maintained, whose consultations are meaningful, and whose charity flows. A society balanced between worship of Allah ﷻ and care for fellow humans.
May Allah ﷻ grant us correct understanding of His religion, and unite us with the application of Islamic Shariah comprehensively under the shade of the true Islamic Khilafah. Ameen.
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