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Fatwa CenterWho are Ahlu al-Hall wal-‘Aqd and what are their qualifications?
Question
I have read in the book of Jamharat Ansab Al-‘Arab by Ibn Hazm Al-‘Andalusi, may Allah have mercy upon him, that the caliph (the Muslim ruler) must be from the tribe of Quraysh and must be appointed by Ahlu Al-Hall wal-‘Aqd (the decision-makers in the Muslim state). Who are Ahlu Al-Hall wal-‘Aqd? What are their qualifications?
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
There are many scholars who agree with Ibn Hazm in his view on the appointment of the Muslim ruler. This view is the one held by the majority of the Muslim scholars since it is in line with authentic statements of the Prophet, sallallaahu ‘alayhi wa sallam.
Anas ibn Malik 
narrated the following:
Once, I said to my friends, “I will tell you something that I would not tell anyone. The Prophet, sallallaahu ‘alayhi wa sallam, once went to a house that belonged to a man from Al-Ansar (the Muslim native population of Madinah). The Prophet, sallallaahu ‘alayhi wa sallam, stood at the door of the house and we were sitting in there. He said, ‘Muslim rulers must be from the tribe of Quraysh. They have rights upon you and you have rights upon them as long as they show mercy when they are asked to be merciful, they fulfill when they promise, and they do justice when they rule. If anyone from them fails to do this, then upon them will be the curse of Allah, the angels and all people.’” [Ahmad]
Ahlu al-Hall wal-‘Aqd is a decision-making Muslim committee in which statespersons, scholars, leaders, politicians, and prominent figures are represented.
Ahlu al-Hall wal-‘Aqd members must meet three qualification requirements, as stated in al-Ahkam as-Sultaniyyah by Al-Mawardi:
1- Integrity of which all requirements are met.
2- The knowledge needed to make right decisions as to who should be the Muslim ruler according to the requirements needed for such a position.
3- Reasoning and discretion that enable them to choose the right person who qualifies for ruling the Muslims and taking care of their interests.
Allah knows best.
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