13.3 Electing the members of the Council of the Ummah

The members of the Council of the Ummah are elected and not appointed. They are representatives of the people in the voicing of opinions, and should be chosen by the people they represent, and should never be imposed upon them. This is because the members of the Council of the Ummah are representatives of the people’s opinions, whether they are individuals or groups. To gauge the opinions of people in a large area and the uncounted folk does not come about unless they choose representatives. The Messenger of Allah (pbuh) did not choose those whom He consulted based on their ability, competence and personalities. He rather chose them on two points: Firstly: This is because they were chiefs among their folks, regardless of their ability and competence. Secondly: It is because they represented the Muhajireen and the Ansar. The reason for the presence of the people of the Shura is to represent the people. The tenet therefore upon which the Council of the Ummah members are chosen should be the representation of people, as was the case in the deliberate selection of representatives for the Muhajireen and the Ansar. This representation of the groups and individuals who are uncounted cannot be achieved except by election. The members of the Council of the Ummah have to therefore be elected. As for the fact that it was the Messenger of Allah (pbuh), himself, who chose whom He consulted, this was because the area in which lived the Muhajireen and the Ansar i.e. the Madinah, was small and because He knew the Muslims. In contrast, in the second Bay’ah of Al-Aqaba, the Muslims who gave Him the Bay’ah were not known to Him and this is why He left the matter of choosing the chiefs to them, by saying;

“Choose from among you twelve leaders who will be responsible for themselves and their people.” This is reported in the Seerah of Ibnu Hisham from Ka’ab bin Malik.

We can thus conclude that the members of the Council of the Ummah represent the opinion of the Muslims at large. This is because the ‘Illah (reason) for which the Council is founded is to represent the individuals and groups in voicing their opinions and in holding the rulers accountable and since this Illah cannot be realised if the persons were not known unless there was a general election. This proves that the members of the Council of the Ummah should be elected and not appointed.

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