After years of anticipation, the Emir of Qatar, Sheikh Tamim bin Hamad Al Thani, made a decisive move in October 2021 by opening the doors for citizens to nominate and elect their representatives in the Shura Council. Previously, any signs of change had always postponed the next session.
Public sentiments ranged significantly between happiness and disappointment, as the legal regulations for voting and candidacy restricted these rights to a specific group of citizens. Additionally, the distribution of electoral districts was primarily based on tribal affiliations.
The state determined that only Qataris who settled in the country by 1930 and maintained their residence until 1961 were eligible to vote and run for office, considering them original citizens who stood by their country during its most challenging times. The law also included general conditions related to age, Arabic language proficiency, and a clean criminal record.
Regarding the distribution of electoral districts, votes often went to those with significant social popularity, supported by their open majlis, which many tribespeople frequented, regardless of their knowledge level or academic background in legislation, economics, politics, and culture.
From my perspective, this step demonstrates a high degree of openness and positive change toward a genuine democratic movement, which undoubtedly deserves praise.
When a state relies on a traditional rentier economy in the absence of local production, and citizens, in turn, rely entirely on what the state provides without individual effort, these individuals are not expected to have significant participation in determining the country’s economic, political, or even local future. Therefore, when the state decides to allow its people to shape its legislation at a pivotal moment in its history, steering the course must be gradual and extremely cautious. Any step taken in this direction is reasonable and even commendable.
The Shura Council elections are conducted under two laws. The first is Law No. (9) of 1970, which regulates the general elections of the Shura Council in Qatar and was amended by Law No. (6) of 2021, issuing the electoral system for the Shura Council. This law defines the nature and number of voters, electoral districts, the organisation of elections and committees, and precautions.
As is evident from the year the first law was issued, the state has been striving for more than five decades for the council members to be elected, meaning that four presidents have passed since this law was enacted until its implementation.
The second law is the Qatari Nationality Law No. (2) of 1961, which had some articles amended by Law No. (38) of 2005 regarding Qatari nationality. This law explicitly defines who is allowed to vote, in addition to how nationality can be granted or revoked. It stipulates that dual citizenship is not allowed and outlines the committee responsible for nationality affairs, along with the conditions and procedures, etc.
Previous Democratic Experiences
Elections are not a new concept for Qataris, as they have experienced this process before with the Central Municipal Council, which was established in the 1950s. However, the first election to choose its members through voting occurred in 1999.
Former Shura Council President Ahmed bin Abdullah bin Zaid Al-Mahmoud emphasised in a statement to the Qatar News Agency that the Central Municipal Council elections are one of the pillars of the democratic experience “that our wise leadership established to involve citizens in solving their community’s issues and developing their areas.”
According to Law No. (12) of 1998 and its amendments, the Central Municipal Council is responsible for monitoring laws, decisions, and regulations related to the organisation of buildings, land planning, roads, and commercial, industrial, and public establishments.
It focuses on specific areas related to planning, programming, economic, social, financial, and administrative aspects of municipal and agricultural affairs.
Qataris have generally been accustomed to and experienced the creation of committees to oversee elections and voting, electoral campaigns, filling the streets with candidate posters, and distributing leaflets with their electoral programs over the past two decades.
When the Shura Council elections began, many were prepared and could identify suitable candidates with sound judgment capable of addressing issues, correcting deviations, and keeping up with contemporary developments.
Most importantly, the Qatari constitution issued in 2004, which resulted from a democratic referendum involving most of the population, states in Chapter Three of Part Four, “the powers of the legislative authority represented by the Shura Council, the legislative process, the approval of the state’s general budget, and oversight of the executive authority. The council consists of 45 members, 30 of whom are elected. In contrast, the remaining members are appointed by the Emir, and the voting process occurs within electoral districts determined by decree,” as summarised in our article
The Concept of Shura and Its History
The Quran encourages Muslims to engage in Shura (consultation), even naming a chapter after it. In this chapter, God says: “And those who have responded to their lord and established prayer and whose affair is [determined by] consultation among themselves, and from what We have provided them, they spend” (42:38).
God also urges the infallible Prophet Muhammad (peace be upon him) to practice it, as stated in Surah Al-Imran: “So by mercy from Allah, [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter. And when you have decided, then rely upon Allah. Indeed, Allah loves those who rely [upon Him]” (3:159).
Despite differing views among scholars on the mechanisms of implementing Shura, they agree on its necessity. Even the rightly guided caliphs did not follow a single method in appointing their successors. Abu Bakr consulted with the Ansar at the Saqifah of Banu Sa’ida, and they pledged allegiance to him. Umar was chosen by Abu Bakr and approved by the prominent companions. Uthman was one of the six nominees selected by Umar, and Ali made the process public by going to the mosque, where people pledged allegiance to him.
It is crucial to understand the meaning and history of Shura. This concept is not limited to the Quran, Hadith, or the practices of the rightly guided caliphs.
In his book Shura between Theory and Practice (2016), Qahtan al-Douri provides multiple definitions from various scholars. Ibn al-Arabi defines it as “a gathering to consult each other and extract opinions,” while Al-Tabarsi describes it as “discussion in speech to reveal the truth.” Al-maraghi calls it “reviewing opinions to discern the correct one.”
Al-Douri also presents examples from ancient communities, civilisations, and kingdoms with esteemed and influential elders who gathered to make important decisions.
For instance, ancient Iraqi kings had two councils of Shura, one comprising the kingdom’s nobles and elders and the other consisting of men capable of bearing arms.
The Romans also had councils, with executive power distributed among elected officials. They had the “Senate,” which functioned like a council of elders with advisory authority.
Before Islam, every Arab tribe had a Shura council composed of influential members and family heads. This council elected the tribal chief, usually from those with strong tribal ties. The selection criteria included advanced age, generosity, bravery, wisdom, experience, and patience.
The tribal chief consulted the council; without their approval, he could not declare war or make peace. He had to navigate the tribe’s opinions skillfully, as his position depended on their trust.
In Mecca, a group called “Al-Mala” held authority. This council consisted of family heads, influential figures, and wealthy individuals known as the “Ahl al-Hall wa al-Aqd.” They intervened in all matters, were known for their sound judgments, and had significant moral authority that made people accept their decisions. The head or prominent member had a respected and influential voice among them.
Qusayy ibn Kilab, the fourth great-grandfather of the Prophet Muhammad (peace be upon him), established a special house for Al-Mala meetings called Dar al-Nadwa. As needed, they held meetings there, where they conducted consultations, declared wars, made defence decisions, and more.
Development of Parliamentary Activities
Some countries use the term “parliament” to refer to councils responsible for legislative authority. According to the website of the UAE Ministry of State for Federal National Council Affairs, “the linguistic meaning of parliament derives from the French verb (Parler), which means to speak or talk. Thus, the term parliament means a place of discussion or dialogue,” indicating that it was initially established to discuss public affairs and various issues collectively.
Later, it evolved to consist of representatives acting on behalf of the people “in exercising the authority to legislate and oversee the executive branch, thus being called the legislative council.” In other words, the parliament became a modern institutional system that provides citizens with the opportunity for political participation within a representative democratic system, where they choose their representatives, who then assume legislative authority on their behalf.
People expect these parliaments to keep pace with emerging problems and issues in society. Information and research are undoubtedly among the most crucial tools for developing parliamentary work and increasing institutional capacity. For instance, the system needs modern administrations and trained specialists to organise, manage, and analyse information and present it appropriately to members.
When analysing the term (Ahl al-Hall wa al-Aqd) used in legal texts, it appears to include individuals with expertise in various fields. Abdel Haq Dahman states this in his paper published by the Al-Mujaddid Center for Research and Studies. He explains that the term “refers to a group of people representing different segments (scholars, jurists, tribal leaders, politicians, etc.) who ultimately aim to form three essential authorities: scientific, social, and political. They must represent the diverse components of the nation and express its aspirations and choices.”
Dahman adds that “some believe that Ahl al-Hall wa al-Aqd are scholars of Sharia and those with knowledge, expertise, and sound judgment in all areas of life. Others, like Ibn Taymiyyah, believe they are the people of authority. Some think that they must have the qualities of tribal solidarity to perform their tasks, as Ibn Khaldun mentioned. Additionally, some believe they must be a mix of different segments.”
However, some Shura Council members lack the high scientific competence described by Dahman without undermining their experience and level. They should possess exceptional abilities to understand what is happening in the state and determine its scientific, social, and political needs. To avoid this issue, the council should form specialised units that provide the necessary information for the community’s needs in these areas and other matters.
The Shura Council needs an information revolution, including the use of modern technology and the development of information management systems, to be available to deputies and the public efficiently and timely. This is essential for enhancing deputies’ analytical capabilities, especially on specialised and emerging topics. Deputies should leverage the information age and communication advancements to address challenges better and monitor parliamentary activities.
In Qatar, the Shura Council session minutes are still unavailable in an archive that allows scholars and researchers to comment on the discussions. The council’s website only provides press releases and summaries, which do not detail what was discussed or how the deputies responded, whether in support or opposition. The public has the right to a television channel that broadcasts the sessions live and shows what transpires in the chamber. Broadcasting is now easier than ever with the availability of modern technology and communication tools. Logically, these deputies were elected to speak on behalf of the people, so everything discussed among them should be published for everyone.
Modernising the Shura Council has become an urgent necessity. It requires overcoming numerous challenges and generating purposeful ideas to improve the management of state affairs and solve its problems. This should be done by updating the council according to the demands of the current era and stage, enabling the elite of society to participate and support the legislative authority in its decisions thoughtfully to ensure everyone’s rights and raise awareness through highly efficient mechanisms.
As we approach the upcoming legislative elections 2025, we wonder if they will be conducted as before or if other steps are on the horizon.
