Ahl al-Hall wa al-Aqd (those who loose and bind: the men of power whose choice confirms the imam)

أهل الحل والعقد

Ahl al-hall wa al-'aqd are the men of power among scholars and notables through whom the purpose of authority is achieved; the term comes from loosing and binding affairs. ¹ They differ from the ahl al-shura, since the mark of the latter is learning while the mark of the former is power. ¹² They must be just, learned, judicious and wise, have a following among the people, and be sincere toward the Muslims. ² The choice is made by a group known as ahl al-ikhtiyar, appointed by the caliph or those present. ² Their work includes choosing the imam, by agreement; renewing the allegiance to a designated successor who was not qualified when he was designated; summoning an absent designee; and dismissing the imam when the cause arises. ³ The number needed to form the imamate is disputed: the Hanbalis require most of them in every town, others say five, and the Hanafis and Shafi'is set no number. ³

Definition

Ahl al-hall wa al-'aqd are the men of power among scholars and notables through whom the purpose of authority is achieved; the term comes from loosing and binding affairs. ¹

Related terms

Ahl al-ikhtiyar: a group among them entrusted with choosing the imam; they may be all of them or some of them. ¹
Ahl al-shura: their mark is learning, whereas the mark of ahl al-hall wa al-'aqd is power. ¹²

Qualities

Justice that meets the conditions for testimony, knowledge by which the one entitled to the imamate is known, judgement and wisdom, a power that people follow, and sincerity toward the Muslims. ²

Choosing the electors

By the caliph naming them, as Umar named six. ²
By presence, when the caliph names none: whoever is present among them may conclude the allegiance. ²

Their work

Appointing the caliph, which is agreed upon. ²³
Renewing allegiance to a designated successor who was not qualified when he was designated. ³
Summoning a designee who is absent, or appointing a deputy if the absence is long. ³
Dismissing the imam when the cause arises. ³

Number

The Hanbalis require most of them in every town; a report from Ahmad says the imam is the one all agree upon. ³
Another view: at least five, or one with the consent of four. ³
The Hanafis and Shafi'is set no fixed number, and accept the appointment by a group of them. ³

Ahl al-Diwan (those paid from the state register of soldiers and officers, and the rules of their conditions and distribution)

Diwan is a Persian loan-word meaning a collection of sheets and writings, in which the army and those given grants were written; for the jurists it is the register in which the names of those in state service who receive a stipend from the public treasury are recorded, and the office that keeps it. Umar ibn al-Khattab was the first to set up the diwan, according to two accounts. The people of the diwan are of several kinds: soldiers, on conditions that are regulatory, such as puberty, freedom, Islam, health and fitness for fighting; holders of office, such as governors, judges, scholars, collectors, imams and muezzins; and the needy. The Companions differed on preference in distribution: Abu Bakr and Ali made it equal, while Umar and Uthman preferred by precedence in Islam, and Umar added kinship to the Prophet; Abu Hanifa and Ahmad followed the latter view.

Ahl al-Hall wa al-Aqd (those who loose and bind: the men of power whose choice confirms the imam)

At a glance