There will always be a human element in governance, this is so obvious it is strange that it has to be said. The interpretation and implementation of the Shari’ah must be carried out by human beings; and the day-to-day management of the affairs of state must be overseen by those who understand them, and who are aware of, and care about, the condition of the Muslims.
There is no obvious reason why the population should be excluded from the process of selecting those who will manage their affairs. The idea that they must be imposed upon the people without their consent or participation, by means of self-appointment or by means of force, is ludicrous.
Self-appointment into a position of authority, or seizure of such a position by force, does not have a basis in the Shari’ah, even if it has been rationalized by jurists of various eras.
In fact, it contradicts the methodology of Rasulullah ï·º, whose own position of authority in Yathrib resulted from that city’s invitation. The fundamental principle is that whoever seeks authority is not to be given it. This principle flatly negates the acceptability of self-appointment or seizure of power, both of which are the clearest manifestations of hungering for positions of authority.
When the people of Kufah complained about their governor, Sa’d bin Abi Waqqas, ‘Umar bin al-Khattab dismissed him from that position, though Sa’d was better than any of the people he governed. But, the will of the people does matter with regard to who manages their affairs.
There are obligatory rules in Islam, but there is no obligatory system for implementing those rules. Whatever method is the most effective way to actualize the Shari’ah in society, it is by definition, the best method.