The most commonly accepted opinion among Sunni scholars is that a Caliph should be elected by ahl al-hall wa’l-‘aqd (The body that elects the caliph, made up of highly influential Muslims with good character). According to Al-Maawardi (may Allaah have mercy upon him) the members of this body (ahl al-hall wa’l-‘aqd) should have the following qualities:
“There are three requirements regarding those eligible to make the
choice (of electing the caliph):
- Being of good moral character, including all its requirements;
- Possessing adequate knowledge by which one comprehends who has a right to the leadership of the Muslim state and the requirements that
must be met in the leader;
- Being endowed with the insight and wisdom which will lead them to choose the person who is most fit for the Imamate and who is the most
upright and knowledgeable with respect to the management of the offices of administration.” [Al-Ahkaam As-Sultaaniyyah]
But there is no specific instructions regarding selecting the members of the Ahlul-Hall wal-‘Aqd in Sunni Islamic jurisprudence. This fatawa provides some insights regarding how to select those who would elect the Caliph:
Some scholars held that they should be chosen according to the
customs and traditions of the society provided that the requirements
of the Sharee‘ah are fulfilled. Shaykh ‘Abd Ar-Rahmaan Al-Maydaani
may Allaah have mercy upon him wrote:
“The qualities of those eligible to choose the Muslim caliph and hand
the leadership of the Muslim state to him differ according to the
social context and time. The criteria in choosing the members of this
body differ from time to time, from one environment to another, and
from one society to another.
It is a matter susceptible to change according to developments and
changes in people's lives, how educated and civilized they are, and
the scope of their social contribution. Urban societies and villages
are susceptible to significant social change; accordingly the criteria
in choosing the members of the Ahlul-Hall wal-‘Aqd varies.
Since it is left for Muslims to decide such a matter, they are
entitled to set the mechanism and criteria for choosing the Ahlul-Hall
wal-‘Aqd through which the supreme Muslim leadership is established
and do whatever serves the best interest of Muslims …
This may be done by electing the elite of a given community to serve
as members of a regional and local body within their regions and then
by each country choosing the elite from among them (those regional and
local panels) and those elites from different parts of the Muslim land
forming the main Ahlul-Hall wal-‘Aqd body to choose the Muslim
caliph.” [Kawaashif Zuyoof fi Al-Mathaahib Al-Fikriyyah Al-Mu‘aasirah]
In the present circumstances, Ahlul-Hall wal-‘Aqd members may be elected through a elective process in which ordinary citizens will vote to choose the candidates.
