Those Who Have Binding Authority Ahl al-hal wal `aqd

This term refers to those who have power and are influential in terms of decisionmaking in the Muslim state. They have the power and authority to elect the ruler and to depose him. Ibn Taimiyah (d. A.H 728) describes them as, the influential people who can motivate and direct the masses. They can be of two categories: (a) Those who have power and authority, and (b) Those who have knowledge. Hence, those who have binding authority are either scholars, or political and military leaders. While Ibn Khuldun (d. A.H 808) holds the opinion that ahl al-hal wal `aqd should enjoy the power of partisanship which can help them do whatever they deem right or like. As for the qualities of those who have binding authority, they should enjoy knowledge, justice, righteousness, wisdom, discretion, power and loyalty. In fact, the assembly of Ahl al-hal wal `aqd is not in any way honorary or without valid functions as they have five major tasks to carry out: 1. To appoint or elect the Muslim ruler. 2. To renew the pledge of allegiance for the appointed ruler. 3. To call for an absentee who is entitled to rulership upon the present rulers demise. 4. To appoint a vice-ruler if the ruler is absent without appointing a vice to deputize him. 5. To dethrone the ruler. As for today, ahl al-hal wal `aqd, can be seen as shouldering two main responsibilities: 1. To perform legal reasoning and codify the shari`ah-based rulings in a way to make them conformable to modern age and to make sure that they are properly applied.
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2. To represent the Ummah in its legislative as well as consultative bodies. Finally, the majority of jurists hold the view that the number of those who have binding authority should not be restricted or predetermined as long as the required qualifications can be found in the Ummah.

References: - As-Salahat, Sami M. (2006). Dictionary of Political Terms in the Juristic Legacy (in Arabic). IIIT and Shorouk International Bookstore. Egypt. - Ibn Khuldun (1979). Al-Muqadimah (The Introduction). Dar al-Fikr, Beirut, Lebanon. - Ibn Taimiyah (1983). Al-Hisbah fil Islam (Duty of Enjoining Good and Forbidding Evil). Verified by Sayyed Abu Si`dah. Dar al-Arqam. Kuwait.