Principles of Justice and Equality in Shura and Democracy: A Comparative Study in the Light of Hanafi Jurisprudence

Abstract

This paper discusses the comparative philosophy of justice and equality in Shura (consultative governance) and Democracy, and this is done in the prism of Hanafi jurisprudence. The study notes that although in its modern context, democracy has been seen as the best form of government, it is anchored on the popular sovereignty, but in Islam, it is Allah who is the only sovereign with human beings serving as his vicegerents to enforce justice. Shura, which has its foundation in the Quran and Sunnah, is based on collective consultation with divine principles whereas democracy is based on majority rule and secular legal systems. The research is a qualitative and analytical research that uses the primary sources of Islam, the Quran (particularly, Surah Al-Shura and Al-Imran), Prophetic traditions, and classical works of Hanafi such as the al-Hidayah, al-Mabsut, and Radd al-Muhtar. It also includes the current works of scholars like Yusuf al-Qaradawi and Taha Jaber al-Alwani. The study examines four key areas, including (i) conceptual framework of Shura as a model of Islamic governance, (ii) principles of democracy, and its history in the West and in the Muslim world, (iii) Hanafi principles of justice, equality and social balance, and (iv) comparative analysis of the two systems in respects of human rights, minority representation, women, and leadership. Results indicate that Shura and democracy are similar in that they encourage consultation and representation, accountability, but differ essentially in their sources of legitimacy and moral limits. Within the Hanafi jurisprudence, the idea of justice not only implies equality before the law, but also the economic and moral equality, the ability to protect everyone, both women and minorities, under the system of the divine law. The paper finds that a balanced approach to the governance system in the Muslim societies, in which democratic institutions are supplemented by Shura and Hanafi principles, is capable of offering Muslim societies a more balanced system of governance that protects the concepts of justice, equality, and socio-political harmony.

Keywords: Shura, Democracy, Hanafi Jurisprudence, Justice and Equality, Islamic Political Thought