"Shura"（协商）是动词"Shawara"（协商、征询意见）的动名词。它的意思是征求被咨询者的意见。当说"Istashara"时，意思是某人向另一个人请求建议。

Shura is the verbal noun of the verb ‘Shawara’, or consulted. It means seeking the opinion from the one who is consulted. When it is said ‘Istashara’, it would mean that one asked another for advice.

"Shura"和"Mashura"意思相同，"Mashawarah"也是如此。《Lisaan ul-Arab》（一部辞典的名称）中提到，说某人在"Mashura"和"Mashwara"方面表现良好是可以接受的。 Al-Farraa'也说：Mashura的词源是Mashwara，后来为了便于发音而转变为Mashura。 Al-Laith说：al-Mashwara属于Maf'ala的形式，它派生自al-Ishara。 也有人说：Mashura与Shura和al-Mashwara相同。根据这一说法，shawartuhu（就某事而言）与istashartuhu意思相同。 《Mukhtar us-Sihah》中提到：al-Mashwara即Ash-Shura，al-Mashura亦然。因此我们说shawarahu（在某事上）和istasharahu，意思相同。

Shura and Mashura have the same meaning, likewise is the Mashawarah. It was mentioned in Lisaan ul-Arab (name of a dictionary) that it is valid to say; a person is good in Mashura and Mashwara. Al-Farraa’ also said; the origin of Mashura was Mashwara then it was transformed to Mashura for it is easier (to pronounce). Al-Laith said; al-Mashwara is in the form of Maf’ala and it is derived from al-Ishara. It is also said; Mashura is the same as Shura and al-Mashwara. Based on this saying shawartuhu (regarding a matter) or istashartuhu, have the same meaning. It came in Mukhtar us- Sihah; al-Mashwara is Ash-Shura, as well as al-Mashura. Thus we say shawarahu in the matter and istasharahu, with the same meaning.

协商（Shura）的合法性，确立于安拉的命令：安拉命令祂的先知穆罕默德ﷺ与信士们协商。安拉（SWT）对他说：

The validity of Shura is established from the command of Allah (swt) to His Prophet (pbuh) to consult the believers. Where He (swt) said to him:

“并且在事务上与他们协商……” [TMQ Al-’Imran: 159]

“And do consult them in the matter...” [TMQ Al-’Imran: 159]

这种协商（Mashawarah）的命令只是一种要求。根据各种指示性证据（Qaraa’in），这一要求可以是瓦吉布（Wajib，必须）、曼杜卜（Mandub，推荐）或穆巴赫（Mubah，允许）。这一协商（Mushawarah）的命令并未与表明决定性和义务的指示性证据相连，而是与那些否定其决定性、解除其义务的指示性证据相连，具体如下：

This order of consulting (Mashawarah) is only just a request. The request could be Wajib, Mandub (recommended) or Mubah (permissible), according to the Qaraa’in (indications). This order of consulting (Mushawarah) is not linked with a Qareenah (indication) that indicates decisiveness and obligation. It is rather linked with Qaraa’in that dismiss decisivity and remove obligation from it, as follows:

1. 安拉(swt)在前一节经文中所说的“Fil-Amr”(在事务中),指的是对各种事务都要协商。然而,义务(Wajibaat)、禁令(Muharramaat)以及由沙里亚阐明并明确规定的天启律例,都不容人的意见置喙,因此在这些事情上没有协商的余地。安拉(swt)是唯一的立法者(Musharri'),也是唯一的统治者,裁决权属于祂。祂(swt)说:“裁决只属于安拉。”[《古兰经》12:40] 祂(swt)又说:“你们应当遵从从你们的主降示你们的启示。”[《古兰经》7:3] 祂(swt)还说:“使者带给你们什么,你们就拿什么;他禁止你们什么,你们就停止什么。”[《古兰经》59:7] 除上述经文外,还有其他经文。所有这些都表明,民众在这些事务上的协商毫无实际价值,也没有余地。这说明这些律例限定了本节经文中“Al-Amr”(事务)一词的泛指含义。这也说明协商只限于“Mubah”(允许)的事务。这是一个证据,表明协商不具有决定性和约束力。

1. The saying of Allah (swt) in the previous verse “Fil-Amr” (in the matter) means consultation in every matter whatever its kind. However since duties (Wajibaat), and prohibitions (Muharramaat) and the divine rules explained by the Shar’a and specifically stated by it, have no place for human opinions about them, there is no scope for consulting about them, Allah (swt) is the only Legislator (Musharri’) and He is the only Ruler, and ruling (i.e. judgement) belongs to Him. He (swt) said; “Verily, Ruling is only for Allah.” [TMQ Yusuf: 40] He (swt) also said; “Follow that which was revealed to you from your Lord.” [TMQ Al-A’raf: 3] And He (swt) said; “And whatever the Messenger brought to you take it, and whatever He forbade you of leave it.” [TMQ Al-Hashr: 7. There are other verses in addition to the above. All this makes the consultation of the people over these matters of no real value and with no scope. This indicates that these rules restrict the ‘Aamm (general) meaning of the word “Al-Amr” (the matter) in this verse. This also indicates that the consultation is over Mubah. Matters alone. This represents evidence that dismisses the decisiveness and obligation away from Shura.

2. 安拉（SWT）在同一节经文中说："当你决定（某事）时，就应当信靠安拉"，这意味着最终的决定归于使者（ﷺ），而非归于顾问。这是第二个证据，证明协商的命令并非强制性的。

2. Allah (swt) said in the same verse “And if you decided (on an action/on opinion) then put your trust in Allah”, meaning that the decision is refered to the Messenger (pbuh), not to the advisers. This is second evidence confirming that the order for consultation is not obligatory.

3. 使者（愿主赐其平安）做了许多事情，也决定了许多事务，例如任命总督（Wulah）、秘书、远征队和军队的指挥官，缔结停战协议，派遣使者和代表。所有这些都是在未与圣门弟子协商的情况下进行的。这是第三个证据，表明协商（Shura）的命令并不表示决定性和强制性。如果它表示决定性，那么使者ﷺ在他所执行的这些行动中，本会与圣门弟子协商。

3. The Messenger of Allah (pbuh) carried out many actions and decided upon many matters such as appointing governors (Wulah), secretaries, generals of expeditions and armies, concluding ceasefire, sending Messengers and delegates. All of that occurred without consulting the Sahabah. This is a third Qareenah that the command of consultation (Shura) does not indicate decisiveness and obligation. Had it meant decisiveness, then the Messenger of Allah (pbuh) would have consulted his Sahabah in these actions that He executed.

由于协商（Shura）、被咨询（Mashura）和征求意见（Istisharah）并非义务，它们被视为或是“曼杜卜”（Mandub，即推荐的行为），或是“穆巴赫”（Mubah，即允许的行为）。通过考察各项证据，我们认为其律例为“曼杜卜”（推荐）。以下是一些表明协商、被咨询和征求意见属于“曼杜卜”（推荐）的证据。

As Shura, Mashura and Istisharah are not obligatory, they are considered as either Mandub (recommended) or Mubah (permissible). By reviewing the evidences, we find the opinion regarding them to be Mandub. The following are some of the evidences, which indicate that Shura, Mashura, and Istisharah are Mandub (recommended).

1. 安拉(SWT)赞扬信士们的协商(舒拉),并命令他们,他们的事务应当在彼此之间通过协商(舒拉)来决定。安拉(SWT)说:{他们的事务是在他们之间协商(舒拉)决定的。} [TMQ Ash-Shura: 38]

1. Allah (swt) praised the believers for consultation (Shura) and commanded them that their affair is Shura (consultation) between them. When Allah (swt) says; “And their affair is consultation (Shura) between them.” [TMQ Ash-Shura: 38]

2. 真主的使者(愿主赐福他并使他平安)经常与他的圣门弟子协商事务,这表明他对协商的重视、关切以及协商的重要性,同时也是为了教导他之后的穆斯林在实行协商(Shura)时要谨慎对待。提尔密兹在圣训集中记载,艾布·胡莱赖officially说:“我从未见过比真主的使者ﷺ更常与同伴协商的人。” 3. 真主(SWT)命令祂的使者ﷺ与信士们协商,是在命令他对他们温和、宽恕他们并为他们祈祷的情况下下达的,经文说:“由于真主的慈悯,你对他们和颜悦色。假若你粗暴狠心,他们必然离你而去。所以你应当宽恕他们,为他们向真主求饶,并与他们协商事务。” [TMQ Al- Imran: 159]

2. The frequent consultation by the Messenger of Allah (pbuh) with his Sahabah in matters indicates his concern for it, his interest in it, its importance and also to teach the Muslims after Him to take care in practising Shura. At-Tirmithi narrated from Abu Hurairah, who said; “I never saw a person who consulted his companions more than the Messenger of Allah (pbuh) did.” 3. The command of Allah (swt) to His Messenger (pbuh) to consult the believers came on the occasion of commanding Him to be gentle with them, to forgive them and to pray for them, by saying; “It is by the mercy of Allah that you deal gently with them. Were you severe or harsh-hearted with them they would have broken away from you. So pass over (their faults) and ask for Allah’s forgiveness for them and consult them.” [TMQ Al- Imran: 159]

这些是表明协商（Istisharah）属于孟杜卜（Mandub，即值得推荐的行为）的依据（Qaraa'in，即迹象）。

These are Qaraa’in (indications) that indicate that Istisharah (consultation) is Mandub (recommended) .

推荐性的协商（咨询，Shura）适用于其余的人为可允许（Mubah）的行为与事务。然而，对于那些在真主之书和祂的使者的逊奈中没有明文规定、需要研究与考察才能得出结论的伊斯兰教法规定，以及需要研究与审察的定义与技术性、学理性的问题，还有属于见解、战争与规划的事务，上述所有事项都应交由学者、专家和有经验的人来决定。关于这些事项，多数人或少数人的意见都不具有价值。此外，被咨询者的意见对人没有约束力。 这一观点的依据有以下几点：其一，使者ﷺ在白德尔战役后就战俘问题咨询圣门弟子，并在已经降示的战俘裁决的各种选项中，从中选择了他所采取的做法。其二，艾布·伯克尔和欧麦尔（愿真主喜悦他们）在哈里发任内，每当发生事件或有案件提交到他们面前，而他们在真主之书和使者ﷺ的逊奈中找不到裁决时，便会求教资深的圣门弟子及其中的学者。其三，使者ﷺ采纳了筹·本·蒙济尔关于选择白德尔战役阵地的意见。

The Mandub recommended (consultation) Shura is undertaken with regards to the Mubah actions and matters. However, the divine rules regarding the matters over which there is no explicit text from the Book of Allah and the Sunnah of His Messenger and which need research and investigation so as to conclude them, as well as the definitions and the technical and intellectual matters which require research and scrutiny together with those matters related to opinion, warfare and planning, all of the above matters are referred to the scholars, the specialists and the people of experience. The opinion of the majority or the minority regarding them is of no value. In addition, the opinion of those who are consulted is not binding. This opinion is deduced from the Messenger (pbuh) when He referred to the Sahabah, consulting them regarding the prisoners of war at Badr in terms of which option He adopted from amongst the choices of the Hukm (rule) of the prisoners of war which was already revealed. It is also deduced from Abu-Bakr and ‘Umar (rta), during the term of their Khilafah, turning to the senior Sahabah and their scholars whenever an event happened or a case for judgement was brought to them, and they did not find a verdict about it in the Book of Allah and the Sunnah of His Messenger (pbuh). It is also taken from the acceptance of the Messenger (pbuh) of Al-Hubab bin Al-Munthir’s opinion in choosing the place of the battle of Badr.

虽然就允许性的事务进行协商（沙ura）属于曼杜卜（Mandub，推荐），但哈里发可以使自己受约束于其中的部分或全部允许性事务。一旦他使自己承担了某些事务，他就必须遵守，并有义务执行所协商的事项。这一结论源自这样一个事实：当哈里发之位提供给奥斯曼·本·阿凡（愿真主喜悦他）时，他接受了按照艾布·伯克尔和欧麦尔的方式治理，正如所提议的那样。这件事发生在众圣门弟子（愿真主喜悦他们）面前，他们没有任何异议。

While Shura over the Mubah matters is Mandub, it is allowed for a Khaleefah to bind himself to some or all of these allowed matters. Once He has obliged himself to certain matters, He has to abide by it and is under obligation to carry out the consulted matter. This is derived from the fact that when the post of Khaleefah was offered to ‘Uthman bin Affan (rta), He accepted to proceed according to the way of Abu Bakr and ‘Umar  in ruling, as it was proposed to him. This happened in the presence of the Sahabah (rta) without any objection from them.

当哈里发向乌玛议会咨询时,在实际事务以及那些不需要研究或审议的事务中,他必须遵从多数人的意见。这适用于国家内政事务,包括治理、教育、卫生、贸易、工业、农业等类似事务。当他因在这些事务中实际采取的行动而受到问责时,同样适用此观点。这一观点源于先知ﷺ遵从多数人的意见:在乌侯德战役中,他离开麦地那去迎战多神教徒的军队,尽管他本人和资深圣门弟子的意见是留在麦地那而不出城。它也源于先知ﷺ对艾布·伯克尔和欧麦尔(愿真主喜悦他们)所说的话:“如果你们在一件需要协商的事情上意见一致,我就不会与你们相左。” [Narrated by Ahmed from Ibnu Ghanam bin Al- Ash’ari]

When the Khaleefah consults the Council of the Ummah He has to abide by the majority opinion in practical matters and in those matters that do not require study or scrutiny. This applies to the State domestic matters in ruling, education, health, trading, industry, farming and the like. The same view applies when He is brought to task for actions He actually carried out in these matters. This view is derived from the Messenger’s (pbuh) adherence to the majority opinion to leave Madinah to confront the Mushrikeen army at the Battle of Uhud, although his opinion and those of senior Sahabah was to stay in Medinah and not to go out. It is also derived from his saying (pbuh) to Abu Bakr and ‘Umar (rta); “Had you agreed together on a consulted matter I would have not disagreed with you.” [Narrated by Ahmed from Ibnu Ghanam bin Al- Ash’ari]

然而,如果哈里发在其他事务上征询咨询会议的意见,例如需要研究和审慎考量的技术与学术问题,或战争与筹划方面的事务,那么关于这些事务的多数意见对哈里发并无约束力,决定权在他手中。这一点源自先知(愿主赐福并平安)接受哈巴卜·本·蒙齐尔的意见来选择白德尔战役的地点,而并未就此事进行磋商。这一点也源自艾布·伯克尔(愿主喜悦他)在就任哈里发时,拒绝了大多数圣门弟子不主张与叛教者(Murtadeen)作战以及拒绝缴纳天课者的意见。这一观点适用于咨询会议就哈里发实际执行的此类事务向他提出质询的情形。在这种情况下,多数意见同样不具有约束力。

If however, the Khaleefah consulted the Council in other matters such as the technical and intellectual issues, which require study and scrutiny, or in matters of warfare and planning, then the majority opinion over such matters is not binding for the Khaleefah and the decision is his to take. This is taken from the acceptance of the Messenger (pbuh) of the opinion of Habab bin Al-Munthir in choosing the place of the Battle of Badr without even considering consultation over the matter. It is also derived from the rejection by Abu Bakr (rta) of the opinion of most of the Sahabah not to fight against the Murtadeen (apostates) and those who rejected to pay the Zakat when He took the post of Khaleefah. This view applies when the Council takes the Khaleefah to task over what He actually executed of such matters. The majority opinion in this case is also not binding.

关于哈里发欲采纳的神圣律法与条例，他有权将这些内容提交议会征求意见。然而，无论议会的意见是多数还是少数，对哈里发都没有约束力。此事的决定权仍在他手中，因为采纳神圣律法与条例是他的责任，这一点源于圣门弟子的一致意见（Ijmaa'），也源于穆斯林的共识，即欧麦尔在伊拉克土地被征服后就其问题咨询众人时所做的决定。

With regards to what the Khaleefah wants to adopt of divine rules and canons, He is allowed to present these to the Council to take its opinion regarding them. However, the opinion of the Council regarding this adoption is not binding for the Khaleefah, regardless of being the opinion of the majority or the minority. The decision over this issue remains his, because the adoption of the divine rules and cannons is his responsibility, as derived from the consensus (Ijmaa’) of the Sahabah. It is also taken from the agreement of the Muslims of what ‘Umar  made when He consulted them over the issue of the land of Iraq after it was conquered.