Is There an Islamic Constitution? The Answer Is Yes... and No!
There is no constitution in the Islamic Sharia we have today. This is due to a simple reason: the governance under which our ancestors lived was not democratic; rather, it was a wise ruler’s governance. This ruler acted as a guardian over a people considered minors, tasked with overseeing their affairs while consulting them to instill a sense of dignity and humanity. This consultation also provided them with opportunities to learn how to manage their affairs under his guidance, preparing them for democratic governance when they reached maturity.
The Quranic verse addressing consultation (shura) reflects this:
"So by mercy from Allah, [O Muhammad], you were lenient with them. And if you had been rude and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in matters. And when you have decided, then rely upon Allah. Indeed, Allah loves those who rely upon Him." (3:159).
All Islamic advocates in our time claim that this is a verse of democracy, or rather, a verse of consultation governance (Shura), asserting that Islam is unrelated to democracy and that consultation is its alternative. Despite this, these advocates speak of a constitution, and yet every constitution - aside from cases of distortion found in fascist, communist, or other authoritarian regimes - represents democratic governance. This distortion is easily recognized and rejected by thoughtful individuals.
The verse of consultation relates to the governance of a wise ruler and forms the basis of Islamic Sharia in dealing with believers. At this level, it abrogates the two Quranic verses that embody democracy in Islam: "So remind, [O Muhammad]; you are only a reminder. You have no dominion over them." (88:21-22).
If we are to speak of an Islamic Constitution, we must develop Islamic Sharia in political matters from consultation (Shura) to these two noble verses. Otherwise, we are merely speaking without knowledge.
