The Judisprudential Committee
Hazrat Ka‘b (ra) bin Malik narrates that Hazrat Mu‘az (ra) bin Jabal would pass edicts [fatwas] during the lifetime of the Holy Prophet (sa) and also during the caliphate of Hazrat Abu Bakr (ra) in Medina.
(Ibn Sa‘d, al-Tabaqat al-Kubra, Vol. 2, Mu‘az bin Jabal [Beirut, Lebanon: Dar al-Kutub al-‘Ilmiyyah, 1990], 265)
Muhammad bin Sahl bin Abi Khaithamah narrates on the authority of his father that during the Holy Prophet’s (sa) life, three men from the Ansar and three men from the Muhajireen would pass edicts. They were Hazrat Umar (ra), Hazrat Uthman (ra), Hazrat Ali (ra), Hazrat Ubayy (ra) bin Ka‘b, Hazrat Mu‘az (ra) bin Jabal and Hazrat Zaid bin Thabit (ra).
(Ibn Sa‘d, al-Tabaqat al-Kubra, Vol. 2, Bab Ahl al-Ilm wa al-Fatawa min Ashab Rasul Allah [Beirut, Lebanon: Dar al-Kutub al-Ilmiyyah, 1990], 267)
Abdur Rahman bin Qasim narrates from his father that whenever Hazrat Abu Bakr (ra) would be faced with a matter in which he needed to consult with those who possessed good judgement and knowledge of jurisprudence, he would call individuals from among the Muhajireen and the Ansar and these included Hazrat Umar (ra), Hazrat Uthman (ra), Hazrat Ali (ra), Hazrat Abdur Rahman (ra) bin Auf, Hazrat Mu‘az (ra) bin Jabl, Hazrat Ubayy (ra) bin Ka‘b and Hazrat Zaid (ra) bin Thabit. All of these individuals would issue the fatwas [edicts] during the era of Hazrat Abu Bakr (ra).
(Ibn Sa‘d, al-Tabaqat al-Kubra, Vol. 2, Bab Ahl al-Ilm wa al-Fatawa min Ashab Rasul Allah [Beirut, Lebanon: Dar al-Kutub al-‘Ilmiyyah, 1990], 267)
In other words, they formed the jurisprudential committee and were permitted to issue edicts based on the knowledge they had obtained from the Holy Prophet (sa).
During the era of Hazrat Abu Bakr (ra), Hazrat Mu‘az (ra) bin Jabl migrated to Syria and settled there. Upon this, Hazrat Umar (ra) stated that Hazrat Mu‘az (ra) bin Jabl’s departure had a left a void in Medina and amongst the people of Medina in the field of jurisprudence and in those matters regarding which he would issue edicts. Hazrat Umar (ra) requested Hazrat Abu Bakr (ra) that he should stop him from leaving as people greatly needed him. However, Hazrat Abu Bakr (ra) refused saying that he could not stop anyone who had made a decision and desired to embrace martyrdom. Hazrat Umar (ra) stated, “By God, one can attain martyrdom even whilst laying on their bed.”
(Ibn Sa‘d, al-Tabaqat al-Kubra, Vol. 2, Mu‘az bin Jabal [Beirut, Lebanon: Dar al-Kutub al-‘Ilmiyyah, 1990], 265)