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Ash-Shura is an Islamic principle, which
obtains its legality from Quran and Prophet Mohammad
Peace and blessing be Upon him authentic Sunnah
(Islamic Law). Ash-Shura is a deep rooted
foundation, widely and deeply ingrained in the
individual's spirit and in the structured of Muslim
society.
Ash-Shura defined as thinking over and
exchanging views on certain issues, which are
examined by scholars and experts seeking the best
solutions with preferable opinion to achieve the
best conclusion.
Ash-Shura is a combination of views
extracted from thoughts, experience, scholar's
diligence, continuous researches and study, in
comfort with Faith, Quran and authentic Sunnah.
The right to legislate in Shura is to
Allah, for Shura has a divine origin. Shura is a
revelation from Allah. Hence, in Shura the rights
and freedom are transformed into social and
religious duties.
Shura in Islam is not exclusive to
government system, but deals with all life's
aspects, particularly the social. Therefore; Shura
is a highly advanced system that proceeds in
accordance with the nation interests and the
requirement of every era.
The Shura Council in the Kingdom of Saudi Arabia in
its new form is an institution intended to allow
citizens to participate directly in the country
policies administration, planning for them, and
following up the performance of its agencies. the
Shura Council is the place to exercise the
multiplicity of opinion, through practicing its
tasks and duties with greater openness, objectivity
in debate, and aiming at the general welfare of the
country and the citizen.
Undoubtedly, the reform of the Shura
Council’s System that was promulgated in 1992
represents an evolution that keeps up with the
latest developments that match the expectation of
both leadership and citizens, for development and
modernization of each era, On the other hand, a
distinctive effort has been made to establish the
work of the Shura Council and its committees,
regulating all procedural details and resolving
matters forwarded to the Council, in addition to the
organization of the country’s activities and the
society’s requirements and needs.
Shura with its Councils emerged as a
modified procedure for its Chairmanship, principles,
rules and system, which invite effective
contribution.
After reviewing the basic law of
governance, one finds the Shura Council’s system
obtains its legislative framework and strength from
the Holy Quran and the authentic Sunnah, and its
organizational framework from the Basic Law of
Governance promulgated in the year 1992.
Article eight of the Basic Law of Governance
stipulates that, (Governance in the Kingdom of Saudi
Arabia shall be based on justice, Shura
(consultation), and equity in accordance with
Islamic Shari’ah). Moreover, article 68 of the same
system states that, (the Shura Council shall be
established. Its Law shall set forth its formation,
the exercising of its power and the selection of its
members.
These two articles emphasize the importance of the
Shura Council role the administration of this
country. Hence regulation of Shura Council shall set
forth its formation and the way in which the Shura
Council practices its jurisdiction.
The State Constitutional Authorities are composed of
the Judicial, Executive and Regulatory Authority.
Regulatory Authority is entrusted to the Shura
Council. The said Authority is shared by Cabinet, as
stated in article 67 of the basic law of Governance.
Article 68 stated that, the king may dissolve and
reconstitute the Shura Council. This right is common
and practiced by Heads of States according to the
constitution of each country.
The law of the Shura Council is published in thirty
articles that define details of its tasks and the
method of its formation. Furthermore, the Internal
Regulations of the Shura Council set forth the
Council’s competences. This is common and practiced
in parliamentary Council.
The fact that Shura is of a divine origin and the
means of its application is undefined, it is left to
the State to adopt what fits the circumstances and
condition, emphasize the important role of Shura and
the participation of the nation. The First Article
of Shura Councils’ system confirms this and the
importance of Shura. In compliance with the Holy
Quran and the authentic Sunnah of the prophet, may
peace and blessing be upon him, in the way that he
used to consult with his Companions. Thus, Shura
Council is established to exercise all tasks
entrusted to it, maintaining brotherly ties, and
cooperating in kindness and piety.
The objective is to apply shura without sticking to
certain methods. The Kingdom of Saudi Arabia applied
one of the different methods that applied throughout
the Islamic world.
There is an important aspect that should to be
understood. That is, Shura prospers only within a
society of faithful believes with its own
characteristics that distinguish it from other
societies, if apply Allah’s Shari’ah. In such
environment, the endeavors of cultivating such
Shari’ah will the society to be productive and
therefore achieve the desirable result.
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