Is There a Difference Between Ahl al-Hall wa al-Aqd and the Shura Council?
In the above discussion, it was observed that some scholars have regarded Ahl al-Hall wa al-Aqd as the same as the members of the Shura Council. However, upon closer examination, it becomes clear that there are several differences between the two:
The members of the Shura Council are consulted, and their opinions are sought, whereas Ahl al-Hall wa al-Aqd are decision-makers.
The members of the Shura Council are generally specialists, whereas specialization is not necessarily a condition for membership in Ahl al-Hall wa al-Aqd. Some of its members may also be people who possess authority and influence.
The scholarly aspect is predominant in the Shura Council, whereas authority, power, and prestige are more prominent among Ahl al-Hall wa al-Aqd.
The function of the Shura Council is continuous and organized, whereas Ahl al-Hall wa al-Aqd generally become active on particular occasions, especially during times of turmoil and crises.
Women may sometimes be consulted on certain matters, but they are not considered members of Ahl al-Hall wa al-Aqd. [1]
Who are the members of Ahl al-Hall wa al-Aqd, or the Shura Council?
Shah Wali Allah al-Dihlawi (RA) states regarding this matter:
“Ahl al-Hall wa al-Aqd are the scholars, prominent figures, and military commanders, all of whom possess sound judgment and are sincere advisers to the Muslims.” [2]
Allamah Ibn Nujaym (RA) likewise writes:
“A king assumes sovereignty through two methods: the first is through allegiance, and in the matter of allegiance, the nobles and prominent figures of the people are considered authoritative.” [3]
Allamah Ibn Abidin al-Shami (RA), while discussing the second method of appointing a caliph, refers to the characteristics of Ahl al-Hall wa al-Aqd as follows:
“He is appointed either through the allegiance of a group of scholars or through the allegiance of those possessing sound judgment and prudent counsel.” [4]
Allamah al-Mawardi (RA), under the same heading, identifies the necessary qualifications of Ahl al-Hall wa al-Aqd as justice, sufficient knowledge and awareness, and sound judgment and prudence. [5]
In Al-Mawsu‘ah al-Fiqhiyyah, in addition to the three characteristics of Ahl al-Hall wa al-Aqd—Muslim scholars, prominent figures, and community elders—another condition is mentioned:
“According to customary practice, it should be easy for them to gather together at the time of giving allegiance and free from difficulty.” [6]
Imam al-Nawawi (RA) also describes the qualities of a person worthy of consultation as follows:
“A person should be consulted if his religious commitment, experience, expertise, sincerity, piety, and concern for others are trusted.” [7]
Representatives of the Muslim Ummah
The relationship of Ahl al-Hall wa al-Aqd with the Ummah is that they act on behalf of the Ummah as its representatives and agents in appointing the caliph, and their selection is binding upon the Ummah. [8]
Who Appoints Ahl al-Hall wa al-Aqd?
Since Ahl al-Hall wa al-Aqd play a role in appointing the ruler (caliph) and in many major and minor affairs of the state, the question arises: Who appoints them to this position?
The first answer that comes to mind is that it is the responsibility of the Ummah to appoint and elevate them to this position. However, throughout history, there is no known instance demonstrating that the Ummah collectively gathered, selected a group, and formally designated them as Ahl al-Hall wa al-Aqd.
Nevertheless, the absence of an example of such a formal appointment throughout history does not mean that those known as Ahl al-Hall wa al-Aqd did not represent the Ummah or that they were not regarded as its agents. It is clear that representation may sometimes be established explicitly and sometimes implicitly.
During the period of the Rightly Guided Caliphs (RA), the representation of Ahl al-Hall wa al-Aqd on behalf of the Ummah existed implicitly because they were recognized for their piety, their precedence in embracing Islam, their knowledge and ability in public affairs, and their sincerity in practice. In addition, they had the honor of accompanying the Messenger of Allah (PBUH); Allah Almighty praised them in the Holy Qur’an, and the Messenger of Allah (PBUH) also praised them both generally and individually. For this reason, the entire Ummah was satisfied with them and trusted them.
Therefore, there was no need for the Ummah to formally appoint them and explicitly identify them as its representatives. Even if such a formal selection had taken place, the same individuals would have been chosen: those recognized as Ahl al-Hall wa al-Aqd, whose eligibility for this position was not disputed.
Thus, their appointment by themselves was, in reality, regarded as an appointment on behalf of the Ummah, because they had implicitly been accepted and chosen by the Ummah. On this basis, they appointed the caliph. [9]
Identifying Ahl al-Hall wa al-Aqd in the Present Age
Accordingly, in the present age, when a caliph or Amir al-Mu’minin is not directly appointed in accordance with the rulings of Islamic law, it is necessary for the Ummah to select individuals who, on behalf of the Ummah, can directly choose the Amir.
The state must also adopt and implement the necessary measures to ensure the integrity of this process of selection and to prevent deception, fraud, and misleading practices. [10]
The Number of Ahl al-Hall wa al-Aqd
Jurists have expressed different views regarding the number of Ahl al-Hall wa al-Aqd. However, since the principal criterion is that the Ummah trusts them, that they represent the will of the Ummah, and that they possess the required qualifications, it is not possible to specify a fixed number for them. Nevertheless, the jurists (RA) have expressed various opinions on this matter, which are presented below.
Allamah al-Mawardi (RA) transmitted several opinions regarding the number of Ahl al-Hall wa al-Aqd:
One view holds that the majority of Ahl al-Hall wa al-Aqd in each city should gather so that the consent of the entire population becomes evident and his authority is publicly accepted. This view is also applied to the selection of Abu Bakr al-Siddiq (RA), since the individuals who were present selected him with their consent, while no waiting period was observed for those who were absent.
Another group says that the ruler may be validly appointed by five members of Ahl al-Hall wa al-Aqd, either through unanimous agreement among them or through their approval of one person whom they select.
Some other scholars hold that three members of Ahl al-Hall wa al-Aqd are sufficient for appointing the ruler, such that one person is selected with the approval of the other two, similar to the role of a judge and two witnesses.
Another group holds that even one person may appoint the ruler. [11]
Allamah Ibn Abidin al-Shami (RA), while explaining the appointment of the caliph, نقلًا from Al-Musamarah, writes:
“The contract of the imamate is established either through the appointment of a successor by the caliph, as in the case of what Abu Bakr (RA) did, or through the allegiance of a group of scholars and those possessing sound judgment and prudent counsel… Some Hanafi scholars have stipulated the existence of a group without specifying a particular number.” [12]
From the statement of Allamah Ibn Abidin (RA), it becomes clear that according to the Hanafi scholars, the existence of a group is a condition for Ahl al-Hall wa al-Aqd. This begins with three individuals; the greater their number, the better. However, the number should not be fewer than three.
The Method of Consensus and the People’s Pledge of Allegiance
This method was common during the early period of Islam for selecting the caliph. The people would directly pledge allegiance to the caliph and express their loyalty to him.
Domination and Seizure of Power
If a person seizes power by force and administers the affairs of the Muslims with justice and fairness, his rule is considered consistent with Islamic principles as long as no manifest disbelief emanates from him.
Conclusion
The principles of the Caliphate and the establishment of an Islamic state, in light of Islamic law and according to the view of Ahl al-Sunnah, are based on the practical experience of the Muslim Ummah and the conduct of the Companions. This represents a superior model of the religious and political unity of the Ummah.
[1] Al-Mawsu ‘ah al-Fiqhiyyah, vol. 7, pp. 115–116, Maktabah Ulum Islamiyyah, Chaman; Ahl al-Hall wa al-Aqd: Sifatuhum wa Waza’ifuhum, pp. 40–41, Da‘wat al-Haqq.
[2] Shah Wali Allah al-Dihlawi, Hujjat Allah al-Balighah, vol. 2, p. 261, Peshawar, Wahidi Bookstore.
[3] Ibn Nujaym, Al-Bahr al-Ra’iq, Kitab al-Siyar, Bab al-Bughat, vol. 5, p. 236, Maktabah Haqqaniyyah.
[4] Ibn Abidin al-Shami, Radd al-Muhtar, Kitab al-Salah, Bab al-Imamah, vol. 1, p. 406; Kitab al-Jihad, Bab al-Bughat, vol. 3, p. 339, Maktabah Haqqaniyyah.
[5] Al-Mawardi, Al-Ahkam al-Sultaniyyah, p. 64, Maktabah al-Haram, Kabul.
