The Institutions of State in the Khilafah by Hizb ut-Tahrir

The members of the Ummah's Council are elected and not appointed. They are representatives of the people in the voicing of opinions, and the representative should be chosen by the person whom he represents and should never be imposed upon him. Since also the members of the Ummah's Council are representatives of the people's opinions, whether they are individuals or groups; so to know the representative of people in a large area and the uncounted folk does not come about unless this representative is chosen by them. .

Moreover, the Messenger of Allah (PBUH) did not choose those whom he consulted based on their ability, competence and personalities; rather he chose them based on two points: Firstly, because they were chiefs among their folks, regardless of their ability and competence; secondly, because they represented the Muhajireen and the Ansar. The reason for the presence of the people of the Shura is to represent the people. Therefore the tenet upon which the Ummah's Council members are chosen should be: the representation of people, as was the case in the deliberate selection from the chiefs, and the representation of the groups as was the case in the deliberate selection from the Muhajireen and the Ansar. This representation of the individuals and groups who are uncounted cannot be achieved except by election. The members of the Ummah's Council 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 question, Medina, was small and because the Muslims were known to him. In contrast, in the second Bayah of Al-Aqaba, the Muslims who gave him the Bayah 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." As reported in the Seerah of Ibn Hisham from Kaab b. Malik. We can thus conclude from the fact that the members of the Ummah's Council represent the opinion of the Muslims at large, and since the reason (‘Illah) 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 cannot be achieved if the persons were not known, unless there was a general election. All of this proves that the members of the Ummah's Council should be elected and not appointed.