“whether we liked or disliked, and whether we were in adversity or ease, even if our rights were not granted,” and “the authority of the head could only be disputed if he committed open acts of disbelief in which you have a clear ordinance from Allāh” (Bu. 93:2).

The law of the Holy Qur’ān was supreme indeed, but there was no ban to making laws according to the needs of the people so long as they did not go against the spirit of the revealed law. On being appointed Governor of Yemen, Mu‘ādh was asked by the Holy Prophet as to the rule by which he would abide. “By the law of the Holy Qur’ān,” was the reply. “But if you do not find any direction therein,” asked the Holy Prophet. “Then I will act according to the Sunnah of the Prophet,” was the reply. “But if you do not find any direction in the Sunnah of the Prophet,” he was again asked. “Then I will exercise my judgment and act on that,” came the reply. The Holy Prophet raised his hands and said: “Praise be to Allāh Who guides the messenger of His Messenger as He pleases” (Bu. 23:11).

The necessary laws were, however, to be made by consultation in accordance with the general command: “And whose affairs are (decided) by counsel among themselves” (42:38). In reply to ‘Alī who enquired as to how to proceed in cases where there was no definite direction in the Holy Qur’ān, the Holy Prophet is reported to have said: “Gather together the righteous from among my community and decide the matter by their counsel and do not decide it by one man’s opinion”. Counsel was freely resorted to by the Holy Prophet himself in all important matters. Madīnah was attacked thrice by the Quraish of Makkah, and every time the Holy Prophet held a consultation with his followers as to how to meet the enemy. On one of these occasions he acted upon the opinion of the majority and marched out of Madīnah to meet the enemy, although his own opinion was that the Muslim army should not leave the town. He definitely directed his followers to take counsel whenever an important matter was to be decided: “Never do a people take counsel but they are guided to the right course in their affair.” When some people disobeyed his orders in one of the battles and this act of theirs caused heavy loss to the Muslim army, he was still commanded to take counsel with them. “Pardon them and ask (Divine) protection for them, and consult them in (important) matters” (3:159).