Qur'an & Hadith

This injunction, implying government by consent and council, must be regarded as one of the fundamental clauses of all Qur'anic legislation relating to statecraft. The pronoun "them" relates to the believers, that is, to the whole community; while the word al-amr occurring in this context - as well as in the much earlier-revealed phrase amruhum shura baynahum in 42:38 - denotes all affairs of public concern, including state administration. All authorities agree in that the above ordinance, although addressed in the first instance to the Prophet, is binding on all Muslims and for all times. (For its wider implications see State and Government in Islam, pp. 44 ff.) Some Muslim scholars conclude from the wording of this ordinance that the leader of the community, although obliged to take counsel, is nevertheless free to accept or to reject it; but the arbitrariness of this conclusion becomes obvious as soon as we recall that even the Prophet considered himself bound by the decisions of his council (see note [90] above). Moreover, when he was asked - according to a Tradition on the authority of 'Ali ibn Abi Talib - to explain the implications of the word 'azm ("deciding upon a course of action") which occurs in the above verse, the Prophet replied, "[It means] taking counsel with knowledgeable people (ahl ar-ra'y) and thereupon following them [therein]" (see Ibn Kathir's commentary on this verse).