According to some historians Al-ʿAbbās remained in Makkah after his conversion to Islam in order to inform the Prophet ﷺ of the events in the city i.e. spying. Some may misconstrue this as an evidence to permit Muslim citizens of non-Islamic lands to spy for a future caliphate, even though this is a clear breach of their Aman (citizenship and residency status).

Al-ʿAbbās ibn Abd al-Muttalib (May Allah be pleased with him) was the Prophet Muhammad’s ﷺ uncle. When the Prophet ﷺ migrated to Medina to establish the Islamic State, Al-ʿAbbās remained behind in Makkah as he hadn’t converted to Islam at this point in time. Just before the Conquest of Makkah, he converted to Islam and made hijra to Medina as the final emigrant, giving him a high status among the sahaba compared to those who converted after the conquest.

Allah (Most High) says,

لَا يَسْتَوِى مِنكُم مَّنْ أَنفَقَ مِن قَبْلِ ٱلْفَتْحِ وَقَـٰتَلَ ۚ أُو۟لَـٰٓئِكَ أَعْظَمُ دَرَجَةًۭ مِّنَ ٱلَّذِينَ أَنفَقُوا۟ مِنۢ بَعْدُ وَقَـٰتَلُوا۟

Those of you who donated and fought before the victory ˹over Mecca˺ are unparalleled. They are far greater in rank than those who donated and fought afterwards.[1]

Background

“Al-ʿAbbās was the most generous man of the Quraish. Moreover, he was good to his relatives and maintained the bond of kinship! Moreover, he was an extremely intelligent man. His intelligence was tinged with craftiness. This, along with his high station among the Quraish, enabled him to avert mischief and abuse against the Prophet ﷺ when he began to invite people openly to embrace Islam.”[2]

Al-ʿAbbās was one of the leaders of the Prophet’s ﷺ tribe Banū Hāshim, which had been persecuted for years by the other clans of Quraysh. A few years prior they had been expelled from Makkah and boycotted for three gruelling years. At the Battle of Badr members of Banu Hashim including Al-ʿAbbās had been forced to accompany the army and fight the Muslims against their will. This is why the Prophet ﷺ instructed the sahaba that certain people should not be killed in the battle, such as the youth of the Banū Hāshim, who were forced to attend.

Therefore, any discussion concerning the topic of Al-Amān (الأَمان) which means a security covenant, needs to be understood in light of the tribal structure of pre-Islamic Makkah, where the modern concept of citizenship did not exist. The Quraysh knew fully well that Al-ʿAbbās loved his nephew deeply and his loyalty lay with the Muslims, but they tolerated his presence in Makkah as either he was not Muslim, or did not declare his Islam openly.

Second Pledge of Al-Aqaba

Just before the hijra, the Prophet ﷺ met the Aws and Khazraj tribes at Al-Aqaba in Mina, during the last days of the Hajj. This was a top-secret meeting where 75 Muslims from Aws and Khazraj managed to slip away during the dead of night from their camp in Mina,[3] to meet the Prophet ﷺ and give him their bay’ah (pledge of allegiance). Despite the secrecy Al-ʿAbbās who was not Muslim accompanied the Prophet ﷺ and participated in the event. This shows that Al-ʿAbbās was assisting Islam even as a non-Muslim. Therefore his actions of spying in Makkah which helped the Muslims, could easily have been done while he was a non-Muslim.

Imprisoned at Badr

Al-ʿAbbās was taken prisoner by the Muslims at Badr, and then claimed he was a Muslim so he shouldn’t be freed and not ransomed for money like the other prisoners.

“Al-ʿAbbās approached the Prophet and said, “O Messenger of Allah, why is there a ransom on me when I am a Muslim?” The Prophet said, “Allah knows best as to whether your Islam is true.” In other words, it may be true, but we must judge according to the apparent. He continued, “If what you say is true, Allah will give you something better.” Al-ʿAbbās replied, “O Messenger of Allah, you put my ransom as 4,000 dirhams, but I do not have that much money.” The Prophet replied, “Where is the money that you and Umm al-Faḍl (his wife) hid on such-and-such day? You said to her, ‘If I ever die, this money will go to our children.’ Where is that money?” Al-ʿAbbās immediately responded, “I swear by the One Who sent you with the Truth that you are the Messenger of Allah. No-one knew about that!””[4]

Yasir Qadhi comments on this, “Al-ʿAbbās was a self-proclaimed Muslim, but perhaps certainty did not enter his heart until that moment.”[5]

Informing the Prophet ﷺ of the Quraysh’s plans prior to Uhud

It’s important to note that there is no explicit evidence in the seerah that the Prophet ﷺ ordered Al-ʿAbbās or any other Muslim residing in Makkah to spy on Quraysh. The primary evidence used by the historians, to extrapolate that Al-ʿAbbās remained behind in Makkah as a ‘spy’ is the Battle of Uhud. Al-ʿAbbās informed the Prophet ﷺ that the army of Quraysh was heading to Medina.

“As soon as the Quraysh left, al-ʿAbbās sent a trusted servant to inform the Prophet ﷺ. Al-ʿAbbās expressed his īmān to the Prophet after Badr, but it is theorised that he returned to Mecca as a secret Muslim, formally converting in public at the Conquest of Mecca. The benefits of his clandestine belief in Mecca are clearly demonstrated in this example where he was able to notify the Prophet of major developments. The messenger raced to Medina, and as a lone rider was able to overtake the army. He reached the Prophet who asked Ubayy ibn Kaʿb to read the letter and instructed him to keep the contents top-secret until further notice. The Prophet rushed home and met with senior members of the Anṣār then sent out some spies to confirm the news. The Prophet did not distrust al-ʿAbbās, but the developments were so significant that wisdom would dictate one act with caution and avoid hastiness. The Prophet’s conduct is once again a vital lesson for the believer.”[6]

Al-ʿAbbās informed the Prophet ﷺ of the army’s departure of his own volition. If Al-ʿAbbās was not Muslim then this would explain why the Prophet ﷺ verified the information. We have already seen at Badr where the Prophet ﷺ responded to Al-ʿAbbās’s claims of being Muslim, “Allah knows best as to whether your Islam is true.”

The Final Emigrant

If Al-ʿAbbās was indeed an official spy for the Islamic State in Medina, then him staying in Makkah and providing intelligence for the upcoming conquest would have proved invaluable. It is clear from the seerah, however that Al-ʿAbbās did not know about the conquest which is why he embarked on his hijra and met the army on the way to Medina.

“The Muslims embarked, and as they passed by the valley of Juḥfah, less than a quarter of the way, they encountered the uncle of the Prophet ﷺ, Al-ʿAbbās ibn ʿAbd al-Muṭṭalib. He was completely unaware of the expedition and was emigrating to Medina as a Muslim. Allah honoured him as the last human being to be counted amongst the Emigrants. As the Prophet said, “There is no Emigration after the Conquest.” The Prophet rejoiced immensely then instructed Al-ʿAbbās to take his family to Medina and join the army.”[7]

When did Al-ʿAbbās convert to Islam?

Despite the incident at Badr where he proclaimed his Islam, the historians still differ on whether he truly accepted Islam at this point or not.

Yasir Qadhi discusses that “There are various opinions as to when exactly al-ʿAbbās accepted Islam. Ibn ʿAbd al-Barr argues that he accepted Islam just before Khaybar, Ibn Ḥajar believes that he accepted Islam at this point i.e., just before the Conquest [of Makkah], and Ibn Kathīr maintains that he was living in Mecca as a Muslim but concealed his faith outwardly at the behest of the Prophet ﷺ. The evidence is not entirely clear, but it can be definitively said that his heart softened towards Islam at the Battle of Badr, though the exact time of conversion may be ambiguous.”[8]

Ibn Hajar (d.1449) says, “His conversion to Islam, according to the most widely accepted view, occurred before the conquest of Mecca, though some say it was even before that, which is not far-fetched, as there is support for this in the hadith of Anas concerning the story of Al-Hajjaj ibn ‘Alat. However, Abu Rafi’s statement in the story of Badr, “It is as if Islam entered upon us, the family of the Prophet,” does not indicate that al-‘Abbas converted at that time.”[9]

In my opinion, it seems Ibn Hajar is correct and that Al-ʿAbbās converted to Islam just before the Conquest of Makkah, which is why he emigrated at this time and not before. Any ‘spying’ he undertook would have been as a non-Muslim and so not subject to the rules of the sharia.

Al-Hajjaj ibn ‘Alat lied to retrieve his wealth in Makkah

Ibn Hajar mentions the story of Al-Hajjaj ibn ‘Alat as an evidence to indicate that Al-ʿAbbās may have been Muslim after the Battle of Khaybar. Who is Al-Hajjaj ibn ‘Alat?

Al-Hajjaj ibn ‘Alat al-Sulami had wealth in Makkah while he was still a polytheist. He embraced Islam on the day of Khaybar, and he feared that if the polytheists of Makkah learned of his conversion, they would deny his debts. The Prophet ﷺ gave him permission to lie so he could enter Makkah and collect his wealth. He was not permitted to do more than this such as taking wealth that did not belong to him or attacking the Quraysh. This incident also cannot be used as an evidence to breach an Amān.

The lie Al-Hajjaj told to Quraysh concerned the Prophet ﷺ at the Battle of Khaybar where he said that, “He suffered a defeat the likes of which you have never heard, and his companions were killed in a manner the likes of which you have never heard, and Muhammad was taken prisoner.”[10]

This obviously greatly distressed Al-ʿAbbās. Al-Hajjaj said, “When I had finished gathering everything I owned in Makkah and was ready to leave, I met Al-ʿAbbās and said, “Remember what I say, Abu al-Fadl, for I fear being pursued for three days. Then say whatever you wish.” He said: “I will.” I said: “By Allah, I left your nephew as a bridegroom to the daughter of their king, meaning Safiyya bint Huyayy, and he conquered Khaybar and seized all that was in it, and it became his and his companions.”

He said: “What are you saying, Hajjaj?” I said: “Yes, by Allah, so keep it a secret from me. I have embraced Islam and I only came to take my money, fearing that I would be overpowered by it. When three days have passed, reveal your affair, for by Allah it will be as you wish.”

He said: When the third day came, Al-ʿAbbās put on his best clothes and made himself well, and took his staff, then went out until he came to the Kaaba, and circumambulated it. When they saw him, they said: “O Abu al-Fadl, this is by Allah the fortitude for the heat of the calamity.” He said: “No, by Allah by whom you swore, Muhammad conquered Khaybar and left [as a bridegroom] to the daughter of their king, and seized their wealth and all that was in it, so it became his and his companions.”

They said: “Who brought you this news?” He said: “The one who brought you what he brought, and he entered upon you as a Muslim, and took his money, and set off to join Muhammad and his companions, and be with him.”

They said: “O servants of Allah! The enemy of Allah has escaped. By Allah, if we had known, we would have had something to do with him.” He said: “And it was not long before the news of that [Khaybar’s defeat] came to them.”[11]

Therefore Al-ʿAbbās kept Al-Hajjaj’s secret and didn’t reveal the truth for three days, that the Muslims had won a great victory at Khaybar. The fact that Al-ʿAbbās kept Al-Hajjaj’s secret is not evidence that he was Muslim at this time. Al-ʿAbbās had already kept the great secret of the Second Pledge of Al-Aqaba and he certainly was not Muslim at that time.

In terms of the fiqh surrounding this story, why was Al-Hajjaj allowed to lie when its clearly established from the hadith that lying is only permitted in three instances? Umm Kulthum bint ‘Uqbah said, “I never heard him [Prophet ﷺ] giving permission of lying in anything except in three: war, reconciling between people, and the conversation of the man with his wife, and the conversation of a woman with her husband.”[12]

According to Taqiuddin Al-Nabhani (d.1977), Al-Hajjaj was allowed to lie because Makkah was Dar Al-Harb Fi’lan, meaning a land of active war. He says, “As for what Ahmad and An-Nisai narrated from the tale of Al-Hajjaj bin ‘llat in his seeking permission to say about him whatever he wished for his benefit in rescuing his property from the people of Makkah. The Prophet ﷺ gave him permission and he informed the people of Makkah that Khaybar had defeated the Muslims; this also enters into the situation of war because the people of Makkah were in a situation of active war with the Muslims. Al-Hajjaj bin ‘Ilat was from the Muslims and he was going to the enemy disbelievers who were in the situation of active war, so lying was allowed against them.”[13]

The Sheikh is mistaken here because Makkah at this time was not in active war with the Muslims, because this event occurred after the Treaty of Hudaibiyah. Rather, his lying was a dispensation (rukhsa) similar to what the Messenger of Allah ﷺ granted to Hind, the wife of Abu Sufyan. Hind took her husband’s wealth without permission because he was stingy and not providing enough for her care.

It was narrated that ‘Aishah said: Hind came to the Prophet ﷺ and said: “O Messenger of Allah, Abu Sufyan is a stingy man and he does not give me enough for me and my child, except for what I take from his wealth without him realizing.” He said: خُذِيمَايَكْفِيكِ وَوَلَدَكِ بِالْمَعْرُوفِ “Take what is sufficient for you and your child, on a reasonable basis.”[14]

The general principle is that a woman is not permitted to steal from her husband’s wealth, or take from it without his knowledge if he does not give her permission. However, if a man withholds sufficient maintenance from his wife and children, they have a right to it according to what is customary (بِالْمَعْرُوفِ) among people of their status. These dispensations are not specific to al-Hajjaj or Hind, but are general for all Muslims.

To reiterate the point, this is not an evidence that someone can lie in order to cheat, commit criminal behaviour or breach an Amān.

Nu’aym ibn Abdullah remained living as a Muslim in Makkah

Nu’aym ibn Abdullah stayed in Makkah as a Muslim until the 6^th year of the Hijra during the time of the Hudaibiyah treaty, protected by his tribe Banu Adi ibn Ka’b. Nu’aym used to provide for the poor of his tribe each month.[15]

Ibn Sa’d narrates that “[Nu’aym ibn Abdullah] remained in Makkah, surrounded by his people because of his high standing among them. When the Muslims migrated to Medina, he wanted to emigrate as well, but his people clung to him, saying, “Adhere to whatever religion you wish and stay with us.” So he stayed in Makkah until the sixth year (of the Hijra), when he migrated to Medina with forty of his family. He came to the Messenger of Allah ﷺ as a Muslim, and the Prophet embraced and kissed him.”[16]

The Prophet ﷺ said to him: “Your people were better to you than my people to me. My people forced me to leave and wanted to kill me, while your people protected you and prevented (harm from reaching) you.” He said: “O Messenger of Allah, rather your people forced you to leave to the obedience of Allah and fighting His enemies, but my people hindered me from emigration and the obedience of Allah.”[17]

Nu’aym never spied on Quraysh, or informed the Prophet ﷺ of events in Makkah.

Muslims are not a fifth column

Only Allah knows the exact time of Al-ʿAbbās’s conversion. What is important in this discussion is that it’s not used as an evidence to justify treachery by those who look back to the Islamic evidences in an attempt to justify their criminal activities.

Muslims living in non-Muslim countries are not a ‘fifth column’ who will become the future caliph’s spies, providing sensitive and secret information to the caliph, or worse still undertaking subversive and disruptive activities to undermine the country they abide in.

The role of the Islamic activists will be to clarify the inevitable lies and distortions that will be thrown at the caliphate and sharia. These activities are simply a continuance of what is occurring today where mainstream media and politicians peddle lie after lie against the religion.

The activities of the Muslim converts of the early 20^th century – Abdullah Quilliam and Marmaduke Pickthall – are good examples of how Muslims would conduct themselves in a period where the caliphate is in existence. Letter writing, speeches, magazines, forming associations, lobbying government, and all forms of media were utilised by them to promote their message.

Anne Fremantle (d.2002) who wrote a biography on Marmaduke Pickthall called ‘Loyal Enemy’ says, “Marmaduke was helplessly in England most of this time, trying frantically to rally such elements in England as were pro-Turk. Himself a Disraelite Tory[18], he clung to such men as Aubrey Herbert, who shared his views, and who, being in Parliament, could give tongue to them. Marmaduke plagued all the politicians he could, wrote in whatever papers would take his stuff.”^[19]

Before he formally accepted Islam,[20] “Marmaduke and a few friends together founded, in the early autumn of 1913, the Anglo-Ottoman Society ‘to advocate a political and commercial understanding between Great Britain and Turkey and firmly to oppose encroachment on the Ottoman Empire.’”^[21]

Even though they used perfectly legal means to speak about Islam and defend the Ottoman Caliphate, Abdullah Quilliam and Marmaduke Pickthall were still seen as ‘traitors’ by some in the media and parliament, and British intelligence was monitoring them. This will always be the case if someone is speaking against the status quo as we saw in the Makkan phase of the da’wah. Allah (Most High) says,

يُريدونَ لِيُطفِئوا نورَ اللَّهِ بِأَفواهِهِم وَاللَّهُ مُتِمُّ نورِهِ وَلَو كَرِهَ الكافِرونَ

They desire to extinguish Allah’s Light with their mouths but Allah will perfect His Light, though the disbelievers hate it.[22]

Despite this the da’wah needs to continue in accordance with the Islamic method of preaching outlined in the Qur’an. Allah (Most High) says,

ٱدْعُ إِلَىٰ سَبِيلِ رَبِّكَ بِٱلْحِكْمَةِ وَٱلْمَوْعِظَةِ ٱلْحَسَنَةِ ۖ وَجَـٰدِلْهُم بِٱلَّتِى هِىَ أَحْسَنُ ۚ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِمَن ضَلَّ عَن سَبِيلِهِۦ ۖ وَهُوَ أَعْلَمُ بِٱلْمُهْتَدِينَ

Invite ˹all˺ to the Way of your Lord with wisdom and kind advice, and only debate with them in the best manner. Surely your Lord ˹alone˺ knows best who has strayed from His Way and who is ˹rightly˺ guided.^[23]

Notes

[1] Holy Qur’an, Surah Al-Hadid, ayah 10

[2] Muhammad Khalid Khalid, ‘Men Around the Messenger’

[3] Not all of the Aws and Khazraj tribes had converted at this time.

[4] Yasir Qadhi, ‘The Sirah of the Prophet ﷺ,’ The Islamic Foundation, 2023, The Battle of Badr

[5] Ibid

[6] Yasir Qadhi, ‘The Sirah of the Prophet ﷺ,’ The Islamic Foundation, 2023, The Battle of Uḥud

[7] Yasir Qadhi, ‘The Sirah of the Prophet ﷺ,’ The Islamic Foundation, 2023, The Final Emigrant; Ibn Hisham, https://shamela.ws/book/23833/1137

[8] Yasir Qadhi, ‘The Sirah of the Prophet ﷺ,’ The Islamic Foundation, 2023, The Final Emigrant

[9] Ibn Ḥajar al-ʿAsqalānī, Fatḥ al-Bārī https://shamela.ws/book/1673/3905

[10] Ibn Hisham, https://shamela.ws/book/23833/1082#p1

[11] Ibid

[12] Riyad as-Salihin 249, https://sunnah.com/riyadussalihin:249

[13] Taqiuddin Al-Nabhani, ‘The Islamic Personality,’ translation of Shakhsiya Islamiyya, Vol.2, Fifth Edition, 2003, p.171

[14] Sunan Ibn Majah 2293, https://sunnah.com/ibnmajah:2293

[15] Ibn Sa’d, Tabaqat, https://shamela.ws/book/1686/1249

[16] Ibn Sa’d, Tabaqat, https://shamela.ws/book/1686/1249

[17] https://hadithportal.com/index.php?show=hadith&h_id=2313&uid=0&sharh=31&book=33&bab_id=1485

[18] Disraeli was considered Pro-Turk i.e. Pro Muslim and Ottoman as opposed to Gladstone. “Disraeli, in his speech at the Guildhall dinner as Minister of Foreign Affairs, nearly thirty years before, declared Turkey to be our essential ally against Russian imperialistic ambition, the neutral focus of all our Eastern policy. And his policy was not new. The Russian menace had already alarmed Palmerston, who declared categorically that the only chance of fair treatment for all the peoples dwelling in the Ottoman Empire lay in our support of an enlightened Turkish Government. Disraeli was a seer ; his successors mere opportunists. For the seer, even a century seems no great while to wait : there was only one generation between Disraeli and the Turkish Revolution which justified his policy.” [Anne Fremantle, ‘Loyal Enemy,’ Hutchinson & Co (Publishers) Ltd. London, 1938, p.180]

[19] Anne Fremantle, ‘Loyal Enemy,’ Hutchinson & Co (Publishers) Ltd. London, 1938, p.188

[20] He converted in 1917

[21] Ibid, p.228

[22] Holy Qur’an, Surah Saff, verse 8

[23] Holy Qur’an, Surah Al-Nahl, verse 125