Q. & A. 711 to 1707 with solved Papers css 1971 to date

S.M. Imamuddin. Muslim Administration. P 22.
Basic Feature of the Government of ”Khulfa-i-Rashidin” 333
because all the ”Khulafa-i-Rashidin” were prominent jurists and experts of Islamic Law and Jurisprudence of their time. It has been already mentioned that Hazrat Umar (Rad.A) separated the executive and the judiciary for the first time in the Islamic history. (in) The Majlis-i-Shura or the Council of Advisors
Although the ”Khalifah” was the head of the State and the highest authority, he did not generally decide matters without consultation. The consultative body or the Council of Advisors was known as the ”Shura” consulted it in all the affairs of the State. The ”Shura” has its origin in the teachings of the Holy Qur’an and one chapter of the Holy Book is named as ”Shura”. The Holy Prophet who was the source of all the Islamic knowledge and who was the sole authority of Islamic Laws, himself followed the ”Shura” and was commanded by Allah to do so. Hazrat Umar (Rad.A) the pioneer of the Islamic Democracy had emphasized on several occasions that there can be no ”Khilafat” except by consultation.
The number of the members of the ”Shura” was not fixed. The ”Shura” consisted of the principal companions of the Holy Prophet who were given preference on the basis of their services to and sacrifices for Islam. The ten companions who had been given the glad tiding of paradise in this world by the Holy Prophet and were known as ”Ashrah Mubash-Sharah” were the chief members of the ”Shura”. They were Hazrat Abu Bakr (Rad.A), Hazrat Umar (Rad.A), Hazrat Usman (Rad.A), Hazrat Ali (Rad.A), Hazrat Abdur Rehman Ibn Auf, Hazrat Talha. Hazrat ’Zubair, Hazrat Sa’d Ibn Waqqas, Hazrat Abu Ubaidah Ibn Jarrah and Sa’id Ibn Zaid. Besides the leading Muhajirin and the leadirg Ansar were also included in the ”Shura”. On special occasions ev>’n common citizens of Medina or visiting dignitaries and chief of tri )es of various provinces were also called to attend the meeting of ths ”Shura” a herald used to go round proclaiming ’’As Salate Jami’ah (i.e. Assembly for prayers).
Every body in the ’”Shura” was free to express his views whether they we. s in accord with the Khalifah’s opinion or not. Once Hazrat Umar (Rad.A) clarified it in a short address given in a meeting of a ”Shura”. I have called you to share with me the trust of which I am the trustee. I am an ordinary person amongst you and you are free to claim your rights. Everyone of you is free to oppose me or to agree with me. I will never impose my view upon you. The ”Shura” used to advise the ”Khalifah” in the performance of various duties. The Khalifah also took t dvice of the ”Shura” in appointment

334 Political and Cultural History of Islam

of generals for the armies in the appointment of Governor, in the despatch of the armies, in the fixation of salaries, in the appointment of public officers and judges, in assessment of taxes and in creation of new posts etc.
Neither the ”Khalifah” nor the ”Shura” was a sovereign legislature body. They did not have any power to change the Islamic Law or to modify it or to violate the dictates of the ”Holy Qur’an and th ”S-nah”. The ”Khalifah” used to refer first of all to the ”Holy Qur’an” in case of a new problem, then to the Sunnah. In case he did not find any solution in these sources he referred it to the soecial ”Shura” which included the Chief Jurists and the Scholars of that time and usually the matters were decided by their unanimity ^ bv the ”Ajma” (or the unanimous consent of the scholars^ In absence of all the above three sources he used upon the Holy Our’an” and the ”Sunnah”. It should also be borne in mind that the ”Khalifah” at that time was also an expert of Islamic Religion and law and a great Jurist and by all means was authorised to give his verdict by ”Qiyas” or ”Ijtihad” for every Muslim is not authorised to do so unless he has acquired that standard of knowledge. (iv) Freedom of Opinion
At no time in history this rule was observed so completely as durine the time of K’mlafa-i-Rashidin. Every Muslim was free to exp^sshs opinion and even to criticize the ”Khalifah”. The details have mentioned before. The ”Khalifah” not only met the Muslims during the time of meeting of the ”Shura” but also five times ,n the congregational Salat, once a week in the Friday, and once a year at the tTme of Hajj wnen the Muslims from all part of the state assembled at Makkah.
The ”Khalifa” did not live in palaces having big gates. 1 here
was no watchman at their house which was open to every Muslim It
was the strict order of Hazrat Umar (Rad.A) for the Governor not to
keen watchmen at their houses so that the every body could see them
freely and could put his problems to them. The houses of Hazrat Abu
Bakr (Rad A) and Hazrat Umar (Rad.A) were below the standard of
the houses of most of the Muslims. They were merely riud huts and
Ivew one was free to visit them any time he liked Freedom of the
opinC as observed during the time of Khulfa-,-Rash,dm is
exemplary even for the modern age.
Basic Feature of the Government of ”Khulfa-i-Rashidin” 335