Статья 110: Все вопросы, в которых шура является обязывающим при просьбе халифом совета, решаются на основе мнений большинства, независимо от того, является то или иное мнение правильным или неправильным. Во всех других случаях в процессе шуры должно быть стремление найти истинное мнение, независимо от того, высказывается ли за него большинство или меньшинство.
Article 110: The issues which fall under consultation (Shura) are decided by the opinion of the majority without considering whether it is correct or incorrect. As for any other issues which fall under Shura, the correct opinion is sought without any consideration given to the majority or minority.
The evidence for this is the actions of the Messenger , since in the Battle of Uhud he
took the opinion of the majority, while in the Battle of Badr he
took the opinion of Al-Hubab Bin Al-Munthir and left his
own opinion, and did not refer to the opinion of the majority. In the Expedition of Hudaybiyah he
held onto his
own opinion alone and paid no attention to the opinions of Abu Bakr (ra) and Umar (ra). In fact, he
did not pay attention to the opinion of all the Muslims, and forced them to abide by his
opinion even though they hated it. So if these three actions are compared with the words of the Messenger
to Abu Bakr (ra) and Umar (ra),
«لَوِ اجْـتَمَعْـتُمَا فِي مَشُورَةٍ مَا خَالَفْـتُكُمَا»
“If the two of you agree in Mashura I will not differ with you” (reported by Ahmad),and with the words of Allah (swt)
((وَشَاوِرْهُمْ فِي الْأَمْرِ))
“And consult them in the matter.” (TMQ 3:159)and
((وَأَمْرُهُمْ شُورَى بَيْنَهُمْ))
“And whose affair is [determined by] consultation among themselves.” (TMQ 42:38), then the explanation of the meaning of the two verses and the narration is that whatever is like the example of the situation of Al-Hudaybiyah, which is where the Shari’ah rule is apparent, then it is of the power of the Khalifah to act upon it, and Shura in the issue is not binding. Whatever is similar to the situation of Badr, where the issue requires insight and thought, or where the proposing of an opinion was in a specialist issue, then the correct opinion is sought without any consideration for whether it was the opinion of the majority or of a single person. And whatever is similar to the situation of Uhud, which is the opinion regarding actions, then the opinion of the majority is followed; this is what falls under the category of “Mashurah” and the meaning of the words of the Prophet (saw) to Abu Bakr (ra) and Umar (ra)
«لَوِ اجْـتَمَعْـتُمَا فِي مَشُورَةٍ مَا خَالَفْـتُكُمَا»
“If the two of you agree on an issue I consult you on (Mashura) I will not differ with you” (reported by Ahmad).