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Selections from Ibn ‘Abd Rabbih’s ‘Book of the Pearl’ on the etiquette of rulers

  1. Islamic Society
  2. Obeying the ruler
  3. Loyalty to the ruler
  4. Advising the ruler
  5. The ruler’s selection of his officials
  6. Rule with justice
  7. Good administration
  8. The ruler needs good assistants
  9. Description of a competent ruler
  10. Good behavior and kindness to the subjects
  11. Disobeying the ruler when he orders sin
  12. Consultation (shura)
  13. Keeping secrets
  14. An audience with the ruler
  15. Qualities of a judge
  16. Notes

Ibn ‘Abd Rabbih (860–940CE) wrote an anthology of 25 books on adab called Al-‘Iqd al-Farid (The Unique Necklace), with each book named after a precious jewel which all together makes up the figurative necklace. Adab (أدب) means Islamic etiquette, but in earlier times its meaning included all that a well-informed person had to know in order to pass in society as a cultured and refined individual.[1]

In this article, a selection from ‘The Book of the Pearl on the Sultan’ (كِتاب اللُؤْلُؤَة في السُلْطان) is presented covering some of the adab related to Islamic government, and how the ruler and officials should behave. The sub-headings are not part of the original text.

Islamic Society

Ka’b al-Ahbar said,

مثل الإسلام والسلطان والناس: مثل الفسطاط والعمود والأوتاد. فالفسطاط الإسلام، والعمود السلطان، والأوتاد الناس. ولا يصلح بعضهم إلا ببعض

“Islam, the ruler, and the people are like a tent, a pole, and pegs. The tent is Islam, the pole is the ruler, and the pegs are the people. Each is useful only with the others.”

Obeying the ruler

Allah ta’ala says,

يا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ

“O you who believe, obey Allah, obey the Messenger, and those in authority among you.”[2]

Abu Hurayra said, “When this verse was revealed, we were commanded to obey the rulers (imams); for obeying them is part of obeying Allah, and disobeying them is part of disobeying Allah.”[3]

Loyalty to the ruler

Khalid ibn Safwan said, “He who associates with the ruler (sultan), correcting and advising him, has more enemies than the one who associates with the ruler, deceiving and betraying him; for on advising the ruler, he invites upon himself the enmity and the envy of both the ruler’s enemy and the ruler’s friend, because the ruler’s friend competes with the adviser over the latter’s favorite position, and the ruler’s enemy hates him for giving advice.”[4]

Abu Sufyan’s and his wife’s advice to their son Mu’awiya when Umar appointed him governor

When Mu’awiya came back from Syria, of which Umar had appointed him governor (‘amil), he went to see his mother Hind. She said to him, “My son, rarely has a free woman given birth to one like you, and this man has appointed you governor; so, do what pleases him, whether you like it or not.” Then he went to see his father Abu Sufyan. He said to him, “My son, this group of Emigrants (muhajireen) have preceded us in adopting Islam and we came to it later; so, their precedence has raised them and our lateness has reduced our rank. We have become followers and they have become leaders. And now they have appointed you for a great task; so, do not disagree with them, for you are running toward an end that you have not reached; and even if you have reached it, you will breathe easily in it.”

Mu’awiya said, “I was amazed at their agreement on the idea, although their words were different.”[5]

Advising the ruler

Some people said, “He who is associated with the ruler should not withhold advice from him even if the ruler finds it annoying. However, his speech to him should be kind, not stupidly unthoughtful, so that he may inform him of his fault without saying it to his face. He should rather speak proverbially and tell him of the fault of others so that he may know his own fault.”[6]

When al-Ahnaf ibn Qays was consulted by Mu’awiya regarding his seeking the caliphate for Yazid. He was silent, so he was asked by Mu’awiya, “Why do you not speak?” He said, “If we tell you the truth, we incur your wrath; and if we lie to you, we incur Allah’s wrath. The wrath of the Amir ul-Mu’mineen is easier for us than Allah’s wrath.” Mu’awiya said to him, “You have spoken the truth.”[7]

The ruler’s selection of his officials

When Umar ibn Hubayra sent Muslim ibn Sa’id to Khurasan [as governor], he said to him, “I advise you to be watchful about three types of people.

First, your chamberlain (Haajib), for he is your face, the personage you use to meet people; if he does good deeds, then you are the good-doer, and if he does evil ones, then you are the evil-doer.

Second, he is the chief of police (Sahib Al-Shurta), for he is your whip and sword; wherever he uses them, it is you who does.

Third, the officials of honor (Ummal Al-Qadr)” He was asked, “And who are they?” He said, “They are the men you choose from every locality of your province to govern, for if they are right, then that is what you want, and if they make mistakes, then they are the mistaken ones and you are the one who is right.”[8]

Umar met with Abu Hurayra and asked him, “Don’t you want to be a ruler (‘amil)?” “No,” he replied. Umar retorted, “Someone who is better than you sought to be a ruler, I mean Yusuf (as) for he said,

قَالَ ٱجْعَلْنِى عَلَىٰ خَزَآئِنِ ٱلْأَرْضِ ۖ إِنِّى حَفِيظٌ عَلِيمٌۭ

‘Appoint me over the treasures of the land, for I am a good keeper and possessed of knowledge.’[9]

Umar ibn al-Khattab was about to appoint a man to a post when the man anticipated him by asking for the appointment. Thereupon, Umar said to him, “By Allah, I intended to appoint you, but anyone who asks to be appointed should not be aided in that quest.”[10]

It was said to Abd Allah ibn al-Hasan, “So-and-So has been changed by his appointed post.” He remarked, “He who assumes an appointed post that he deems to be bigger than he is will change and adapt himself to it. But he who deems himself to be bigger than it will not change and will not adapt himself to it.”[11]

Note. If someone is qualified for a government post, and their intention is to look after the affairs of the people rather than their own affairs, then it is not prohibited to ask for a government position.

Rule with justice

The wise said, “Among the duties of a ruler is to be just in his seen deeds in order to preserve the well-being of his rule, and to be just in his own conscience in order to preserve the well-being of his religion. If his administration is corrupt, his ruling power is gone. All politics revolves around justice and fairness, and no rule can last without them, be it one of believers or of unbelievers; this is in addition to the organization of state affairs and placing them in their right places.

He who rules should let himself be judged by his subjects, and the subjects should let themselves be judged by the ruler. A ruler’s judgment of others should be akin to his judgment of himself, for rights are known only by him who knows their limits and their correct places. No person can be a ruler unless he was a subject earlier.”[12]

Abd al-Malik ibn Marwan said to his sons, “Each one of you is eligible to this kingship but it is only good for him among you who has an unsheathed sword, readily spent wealth, and justice that can reassure hearts.”[13]

Umar ibn Abd al-Aziz wrote to one of his governors suggesting to him to fortify his city. He wrote, “Fortify it with justice, and clear away injustice from its ways.”[14]

Sa’id ibn Suwayd gave a speech in Homs. He first praised Allah and lauded Him then he said, “O people, Islam has a well-fortified wall and a secure gate. Islam’s wall is truth and its gate is justice. Islam will remain invincible as long as its ruler is powerful. His power does not result from killing with the sword and lashing with the whip, but from judging in truth and implementing justice.”[15]

Good administration

Abdullah ibn Abbas wrote to al-Hasan ibn Ali when the people chose him to rule them [as caliph] after Ali (ra), “Prepare for war, fight your enemy, pay off the religiously suspect without impairing your own religiosity, and appoint men from the nobility to rule and you will win over their tribes.”[16]

Ja’far ibn Yahya[17] said, “Taxes (al-kharaj) are the pillar of the state. Nothing can make them more abundant than justice and nothing can render them less scant than injustice.”[18]

The wise said, “People follow their ruler in good and in evil.”

Abu Hazim al-A’raj said, “The ruler is a market. What sells is brought to him.”[19]

The ruler needs good assistants

The wise have said, “The king (malik) is useless without his ministers (wazirs) and helpers (mu’awineen); and the ministers and helpers are useless without affection and advice; and affection and advice are useless without good opinion and integrity. Furthermore, kings should not leave a beneficent man or an evil-doer without requital, for if they do, the beneficent man will become lax and the evil-doer will become daring; then matters will deteriorate and discretion will be rendered useless.”

They said, “If a ruler is good but his ministers (wazirs) are bad, his good will not reach the people and no one will be able to gain any benefit from him. This situation has been likened to a body of pure water in which a crocodile abides: no one can enter it, even if he were in need of it.”[20]

They said, “If a ruler is good but his ministers are bad, his good will not reach the people and no one will be able to gain any benefit from him. This situation has been likened to a body of pure water in which a crocodile abides: no one can enter it, even if he were in need of it.”[21]

Description of a competent ruler

Abd al-Malik ibn Marwan said, “The most virtuous man is one who is humble when he is in a high rank, who restrains himself when he is powerful, and who is fair when he is strong.”[22]

Al-Mansur said to his son Abd Allah al-Mahdi, “Do not conclude a matter until you have pondered about it long and hard; for an intelligent man’s thinking is his mirror that shows him his good and bad qualities. Know too that only piety mends the ways of the caliph, only obedience reforms the ruler, and only justice reforms subjects. The people who most deserve pardon are those most capable of punishing; and the people with the least intelligence are those who wrong the people beneath them.”[23]

Umar ibn al-Khattab (ra) was the most resolute caliph. Aisha (ra) used to say when Umar was mentioned, “By Allah, he was in full control of affairs, and unique in himself; he always had at the ready people who could handle circumstances.”

Al-Mughira ibn Shu’ba said, “I have never seen anyone more resolute than Umar. By Allah, he had the virtue that would prevent him from deceiving and the brain that would prevent him from being deceived.”

And Umar said, “I am no impostor, and no impostor can deceive me.”[24]

Good behavior and kindness to the subjects

When Umar ibn Abd al-Aziz became caliph, he sent for Salim ibn Abd Allah and Muhammad ibn Ka’b and said to them, “Advise me.”

Salim said to him, “Consider people to be father, brother, and son to you; be reverent to your father, preserve your brother, and have mercy on your son.”

Muhammad ibn Ka’b said, “Love for people whatever you would love for yourself; likewise hate for them whatever you would hate for yourself; and know that you are not the first caliph who will die.”[25]

Marwan ibn al-Hakam’s advice to his son ‘Abd al-Aziz, when he appointed him as governor (waali) of Egypt

When Marwan ibn al-Hakam left Egypt for Syria, he appointed his son Abd al-Aziz as governor of Egypt and said to him as he bade him farewell, “Whenever you send a wise man as messenger, do not advise him.

My dear son, take account of your provincial governors: if you owe them any rightful thing in the morning, do not postpone giving it to them till the evening; if you owe them anything in the evening, do not postpone it till the morning. Give them their due on time, and you will earn their obedience.

Beware of lying to your subjects; if you do, they will not believe you when you tell the truth.

Consult your companions and the learned; if you are not clear about anything, write to me and I will give you my opinion, if Allah most high wills.

If you are angered by any one of your subjects, do not blame him in the heat of your anger and do not punish him until your anger subsides, for then you will act with a calm temper when the embers of your anger are extinguished; the person who first instituted imprisonment was a forbearing and patient man.

Furthermore, take account of those of noble descent, religious piety, and magnanimous manliness and let them be your friends and companions; elevate their positions with you above others without undue freedom or restraint. I say all this and leave you in the protection of Allah.”[26]

Ziyad asked his friends, “Who is the happiest of all people in his way of life?” “The Emir and his friends,” they answered. “No,” he objected, “for the pulpit fills the Emir with awe, and the sound of the bridle of the courier’s horses inspires him with fear. The happiest of people in his way of life is rather a man who owns a house that earns him regular rent and has a wife who agrees with him on frugal living; he does not deal with us and we do not deal with him, for if he deals with us and we with him, we will spoil his life in this world and the next.”[27]

Disobeying the ruler when he orders sin

Al-A’mash related on the authority of al-Sha’bi: Ziyad wrote to al-Hakam ibn Amr al-Ghifari, who was leading the summer raid, “The Amir ul-Mu’mineen Mu’awiya has written to me with orders to keep the yellow and white for him. So do not divide the gold and silver [of the booty] among the people, but you may divide everything else.” So he wrote back to the Caliph, “Before the message of the Amir ul-Mu’mineen, I find directions in the Message of Allah. I swear by Allah that if the heavens and the earth were patched together to confine a Allah-fearing servant, Allah would surely give him a way out.” Then he called the people and divided among them all the booty in his possession.[28]

Consultation (shura)

A wise man gave advice to another wise man, who accepted it and said to him, “You have said what a compassionate adviser should say, mixing sweet and bitter words, easy and difficult ones; your kindness manages to motivate what is otherwise quiet. I have understood your advice and accepted it, for its source has been one whose love, sincerity, and truthfulness are not in doubt. May you remain, Allah be praised, a clear way to good and a shining beacon.”[29]

Keeping secrets

Wise men have said, “Your own breast is safer for your secret than the breast of others.”

They also said, “Your secret is part of your blood.” They meant that, in divulging it, your blood might perhaps be spilled.”[30]

Al-Walid ibn Utba said to his father, “The Amir ul-Mu’mineen entrusted me with a secret. Shall I tell it to you?” He said, “No, my son. He who keeps a secret retains the choice but he who divulges it gives up the choice to others. So do not be an owned slave after having been an owner.”[31]

An audience with the ruler

It was said to Mu’awiya, “Your chamberlain (haajib) gives precedence to his acquaintances and permits them in before the notables.” He replied, “What is wrong with that? Acquaintance is useful even with a mordacious dog and a rapacious camel; how much more it is with an honorable man of generosity and religion.”[32]

Wise men have said, “No one who persistently waits at a ruler’s door, shedding his pride, tolerating rudeness, and suppressing anger can fail to reach his goal.”[33]

Ziyad[34] said to his chamberlain, “O ‘Ajlan, I have appointed you my chamberlain and discharged you of four duties:

first, the one who calls to Allah in prayer and prosperity, do not prevent him from entering for you have no power over him;

second, the night visitor, do not prevent him from entering, for what he brings is bad news because if it were good, he would not have brought it at that late hour;

third, the messenger from the borders with the enemy, for if he were one hour late, he would spoil one year’s work, so let him in even if I am in bed;

and fourth, the food servant, for food goes bad if it is reheated.”[35]

Qualities of a judge

Al-Sha’bi said, “I was sitting with Shurayh[36] when a woman entered and complained about her absent husband while weeping severely. I said to him, ‘May Allah reform your ways. I think she has been unfairly treated.’ ‘How do you know that?’ asked Shurayh. ‘Because of her weeping,’ I said. ‘Don’t do that,’ he responded, ‘Joseph’s brothers came to their father weeping in the evening and they had wronged him.’”

Al-Ash’ath ibn Qays[37] entered the court of Judge Shurayh. The latter said to him, “Welcome to our learned teacher and master,” and seated him beside him. As he was sitting with him, a man entered and complained about al-Ash’ath.

Whereupon, Shurayh said to al-Ash’ath, “Get up and sit as an adversary and speak to your friend.” “I would rather speak to him from where I am now sitting,” said al-Ash’ath. “You will get up or I will order someone to make you get up,” stressed Shurayh. Al-Ash’ath remonstrated, “How high you have risen, indeed!” Shurayh countered, “Has that ever caused you any harm?” “No,” al-Ash’ath said. “I see that you acknowledge Allah’s blessing when given to others,” Shurayh chided, “but you do not acknowledge it when given to yourself.”

Notes


[1] Ibn ‘Abd Rabbih, ‘The Unique Necklace,’ translation of Al-‘Iqd al-Farid, Volume I, ‘The Center for Muslim Contribution to Civilization,’ Garnet Publishing, 2006, p.xiii; Arabic original: https://shamela.ws/book/23789/12

[2] Holy Qur’an, Surah an-Nisa’ ayah 59

[3] Ibn ‘Abd Rabbih, Op.Cit., p.6

[4] Ibid, p.8

[5] Ibid

[6] Ibid, p.12

[7] Ibid, p.43

[8] Ibid, p.13

[9] Holy Qur’an, Surah Yusuf ayah 55

[10] Ibn ‘Abd Rabbih, Op.Cit., p.61

[11] Ibid, p.60

[12] Ibid, p.16

[13] Ibid

[14] Ibid, p.22

[15] Ibid, p.19

[16] Ibid, p.18

[17] Wazir of Harun al-Rashid

[18] Ibn ‘Abd Rabbih, Op.Cit., p.22

[19] Ibid, p.23

[20] Ibid

[21] Ibid, p.24

[22] Ibid, p.26

[23] Ibid, p.30

[24] Ibid, p.32

[25] Ibid, p.29

[26] Ibid, p.31

[27] Ibid, p.61

[28] Ibid, p.43

[29] Ibid, p.46

[30] Ibid, p.48

[31] Ibid, p.49

[32] Ibid, p.51

[33] Ibid

[34] Ziyad ibn Abi Sufyan, governor of Iraq to Mu’awiya

[35] Ibn ‘Abd Rabbih, Op.Cit., p.52

[36] Chief Justice in Kufa

[37] al-Ash’ath ibn Qays (599–661CE) was a tribal chief of Kinda based in Kufa

Allah is merciful to the believers at all points in their life and death

  1. Introduction
  2. Mercy of Allah in this life
    1. What is a test?
    2. Tests wipe out sins
    3. Tests develop Islamic Personalities
    4. Attitude towards tests
    5. Case study of trauma victims
  3. Mercy of Allah in Death
    1. Angels help a believer through the death experience
    2. Good news from the angels makes the pain of death insignificant
  4. Mercy of Allah on the Day of Judgment
    1. Angels calm the believers when they emerge from their graves
    2. The day is shortened for a believer
    3. Mercy of Allah in restoring rights between believers
  5. Being created as a member of the last ummah, the Muslim Ummah is a mercy
  6. Conclusion

Introduction

The Islamic Personality is a balanced personality. It is not extreme and it must contain both fear and hope for a believer to realise their full potential in worshipping the Creator Allah (Most High).

Ibn al-Qayyim said: “The heart, in its journey to Allah is like that of a bird: love is its head, and fear and hope are its two wings. When the head and two wings are sound, the bird flies gracefully; if the head is severed, the bird dies; if the bird loses one of its wings, it then becomes a target for every hunter or predator.” (Madārij as-Sālikīn)

When Shaitan whispers to the believers he plays on fear and hope trying to corrupt this balance and lead the person astray. He will whisper to the believer about the punishment of Allah and make you lose hope in forgiveness for your sins saying, “You are going to hell anyway why bother doing good deeds?” If this doesn’t work then he will give the believer too much hope where he becomes lazy in performing the obligatory duties and abstaining from sins because, “Allah is All Merciful and will forgive you.” This is something we find among the Christians nowadays. Both extremes are wrong and both will ultimately lead to inaction and giving up worshipping Allah. As Ibn al-Qayyim says a bird cannot fly with only one wing whether of hope or fear.

Anas (ra) narrated that the Prophet ﷺ visited a youth while he was dying: He ﷺ said: “How are you finding yourself?” He said: “I have hope in Allah, O Messenger of Allah but I also fear for my sins.” The Messenger of Allah ﷺ said: “These two things (i.e. hope and fear from one’s sins) cannot meet together in the heart of a servant except that Allah gives him what he hoped for and saves him from what he feared.” (Reported by at-Tirmidhi and Ibn Maajah. Hafiz al-Munziri said the isnad is hasan.)

What follows are a series of examples showing how Allah is merciful to the believers at all points in their life and death.

Mercy of Allah in this life

One aspect of Allah’s mercy which is misunderstood by many are the tests and trials (fitnah) of this life

Allah (Most High) says:

أَحَسِبَ النَّاسُ أَنْ يُتْرَكُوا أَنْ يَقُولُوا آمَنَّا وَهُمْ لَا يُفْتَنُونَ

“Do people think that they will be left alone because they say: ‘We believe, and will not be tested [la yuftanoon]”

(al-‘Ankaboot 29:2)

What is a test?

The word fitnah from a linguistic point of view means purification. So to extract gold out of worthless rock requires exposing it to harsh fire in order to separate out the impurities through a smelting process.

Al-Azhari said:

فتن: جماع معنى الفتنة في كلام العرب الابتلاء والامتحان وأصلها مأخوذ من قولك: فتنت الفضة والذهب إذا أذبتهما بالنار ليتميز الرديء من الجيد، 

“The Arabic word fitnah includes meanings of testing and trial. The root is taken from the phrase fatantu al-fiddah wa’l-dhahab (I tested [the quality] of gold and silver), meaning I melted the metals to separate the bad from the good…” (Tahdheeb al-Lughah, 14/196).

Allah (Most High) tests the believers out of mercy not hatred. The test is preparation for fulfilling Islamic duties, wiping out sins and raising our rank in jannah. These experiences strengthen us.

Tests wipe out sins

Abu Musa Al-Ash’ari related that the Messenger of Allah ﷺ said: “This ummah of mine is one to which mercy is shown. It will have no punishment in the next world, but its punishment in this world will be trials, earthquakes and being killed.” (Abu Dawud 4278)

Ahmad reported via Mus’ab b. Sa’d from his father who said: I said: “O Messenger of Allah ﷺ which people are tested most?” He ﷺ said: “The Prophets come first, then the righteous, then the next best, then the next best of people. A man will be tested on account of his adherence to the Deen. If he is strong in his commitment, he will be more sorely tested, and if there is some weakness in his commitment the test will be lightened for him. A man will continue to be tested until he walks upon the face of the earth with no sin on him.”

Tests develop Islamic Personalities

You will find that many multi-millionaires started off growing up in poverty which became a catalyst for them go and seek their provision (rizq). These life experiences shape personalities and for the believers help them in achieving their ultimate goal which is the pleasure of Allah (Most High).

In Kyrgyzstan the Muslim activists carrying dawah face severe fitnah from the regime with many of them being sent to prison. Yet this fitna strengthens them.

Kara-Suu Imam Rashad Kamalov, whose father was gunned down by state security services in Kyrgyzstan said: Because of the oppression, “more Kyrgyz are devoted to the religion and practice Islam,” But tyranny will not work forever, he added. “After someone has experienced fear once, the fear disappears.”

Attitude towards tests

The believer’s attitude to tests is to bear them patiently and not to compromise Islam by keeping in mind the goodness in them. This is something very easy to say but in practise very difficult to perform which is why the reward of the one who does this is so high.

Allah (Most High) says:

إِنَّمَا يُوَفَّى الصَّابِرُونَ أَجْرَهُم بِغَيْرِ حِسَابٍ

“The steadfast will be paid their reward in full without any reckoning.”

(az-Zumar 39:10)

Case study of trauma victims

Mark Manson mentions a fascinating study of trauma victims. He says, “In the 1950s, a Polish psychologist named Kazimierz Dabrowski studied World War II survivors and how they’d coped with traumatic experiences in the war. This was Poland, so things had been pretty gruesome. These people had experienced or witnessed mass starvation, bombings that turned cities to rubble, the Holocaust, the torture of prisoners of war, and the rape and/or murder of family members, if not by the Nazis, then a few years later by the Soviets.

As Dabrowski studied the survivors, he noticed something both surprising and amazing. A sizeable percentage of them believed that the wartime experiences they’d suffered, although painful and indeed traumatic, had actually caused them to become better, more responsible, and yes, even happier people. Many described their lives before the war as if they’d been different people then: ungrateful for and unappreciative of their loved ones, lazy and consumed by petty problems, entitled to all they’d been given. After the war, they felt more confident, more sure of themselves, more grateful, and unfazed by life’s trivialities and petty annoyances.

Obviously, their experiences had been horrific, and these survivors weren’t happy about having had to experience them. Many of them still suffered from the emotional scars the lashings of war had left on them. But some of them had managed to leverage those scars to transform themselves in positive and powerful ways.” (Mark Manson, ‘The Subtle Art of Not Giving a ****: A Counterintuitive Approach to Living a Good Life,’ Harper One, 2016, First Edition, p.153)

Mercy of Allah in Death

Believers shouldn’t fear death but be happy to die.

The Prophet ﷺ said: “Whoever loves to meet Allah, Allah will love to meet him, and whoever hates to meet Allah, Allah will hate to meet him.” ‘Aisha or one of his wives said: “But we all dislike the idea of death.” He ﷺ said, “It is not what you are thinking. When death approaches the believer and he is given the news of Allah’s pleasure and honour, nothing will be more dear to him than what lies ahead of him, so he will love to meet Allah and Allah will love to meet him. But when death approaches the disbeliever and he is given the news of Allah’s wrath and punishment, nothing will be more disliked by him than that what lies ahead of him, so he will hate to meet Allah and Allah will hate to meet him.” [Al-Bukhari 6507]

Angels help a believer through the death experience

Death is a stressful event, but for the believer, the angels will descend to him at the time of death to help him through it.

إِنَّ ٱلَّذِينَ قَالُوا۟ رَبُّنَا ٱللَّهُ ثُمَّ ٱسْتَقَـٰمُوا۟ تَتَنَزَّلُ عَلَيْهِمُ ٱلْمَلَـٰٓئِكَةُ أَلَّا تَخَافُوا۟ وَلَا تَحْزَنُوا۟ وَأَبْشِرُوا۟ بِٱلْجَنَّةِ ٱلَّتِى كُنتُمْ تُوعَدُونَ

Surely those who say, “Our Lord is Allah,” and then remain steadfast, the angels descend upon them, ˹saying,˺ “Do not fear, nor grieve. Rather, rejoice in the good news of Paradise, which you have been promised. (Surah Fussilat, 30)

The Messenger of Allah ﷺ said: “When the believer is about to depart from this world and go forward into the Next World, angels with faces as bright as the sun descend from the heavens and sit around him in throngs stretching as far as the eye can see. Then the Angel of Death comes and sits at his head and says, “Good soul, come out to forgiveness and pleasure from Allah!” Then his soul emerges like a drop of water flows from a water-skin and the angel takes hold of it. When he has grasped it, the other angels do not leave it in his hand even for the twinkling of an eye. They take it and place it in a perfumed shroud and fragrance issues from it like the sweetest scent of musk found on the face of the earth.

Then they bear it upwards and whenever they take it past a company of angels, they ask, ‘Who is this good soul?’ and the angels with the soul reply, ‘So-and-so the son of so-and-so,’ using the best names by which people used to call him in this world. They bring him to the lowest heaven and ask for the gate to be opened for him. It is opened for him and angels who are near Allah from each of the heavens accompany him to the subsequent heaven until he reaches to the heaven where Allah the Great is. Allah, the Mighty and Majestic, says, ‘Register the book of My slave in ‘Illiyun and take him back to earth. I created them from it and I return them to it and I will bring them forth from it again.’

His soul is then returned to his body and two angels come to him. They make him sit up and say to him, ‘Who is your Lord?’ He replies, ‘My Lord is Allah.’ They ask him, ‘What is your religion?’ He replies, ‘My religion is Islam.’ They ask him, ‘Who is this man who was sent among you?’ He replies, ‘The Messenger of Allah.’ They ask him, ‘How did you come to know these things?’ He replies, ‘I read the Book of Allah, believed it, and declared it to be true.’ Then a Voice from on high declares, ‘My slave has spoken the truth, so spread out carpets from the Garden for him and open a gate of the Garden for him!’ [Mishkat al-Masabih 1630]

Good news from the angels makes the pain of death insignificant

As mentioned in the hadith above, “Then the Angel of Death comes and sits at his head and says, “Good soul, come out to forgiveness and pleasure from Allah!” Then his soul emerges like a drop of water flows from a water-skin and the angel takes hold of it.”

Al-Hafiz Ibn Hajar said in relation to this: “Yet at the same time, what the believer receives of glad tidings and the angels being happy to meet him, and their accompanying him, and his joy at meeting his Lord, make it easier for him to bear whatever he may face of the pain of death, until it becomes as if he does not feel anything of that.” (Fath al-Bari, 11/365) 

Mercy of Allah on the Day of Judgment

Narrated Salman Al-Farisi: The Messenger of Allah ﷺ said: “Indeed, Allah has one hundred (portions of) mercy; because of one there is compassion between creation, and ninety-nine are reserved for the Day of Resurrection.”

Angels calm the believers when they emerge from their graves

The Day of Judgment is undoubtedly a difficult day. The earth is in turmoil. Mountains are crumbling. Seas overflowing and the sky splitting. This would be a terrifying event for anyone to witness. However, for the believer they will be met by angels as they leave their graves to help them through this stressful time.

لَا يَحْزُنُهُمُ الْفَزَعُ الْأَكْبَرُ وَتَتَلَقَّاهُمُ الْمَلَائِكَةُ هَٰذَا يَوْمُكُمُ الَّذِي كُنْتُمْ تُوعَدُونَ

“The great fearful event shall not grieve them, and the angels shall meet them: This is your day which you were promised.”

(Al-Anbiyya, 21:103)

The day is shortened for a believer

The length of this day is 50,000 years with no food or water but for the believers it will be shortened.

The Messenger of Allah ﷺ said upon being questioned about the length of the Day, “By Him in whose hand lies my soul, it shall be shortened for the believer until it becomes briefer for him than the prescribed prayer which he used to perform in the world.” [Ahmed]

Mercy of Allah in restoring rights between believers

The Messenger of Allah ﷺ said: “Do you know who is the bankrupt (Al-Muflis)?” They said: “The bankrupt amongst us is one who has neither dirham with him nor wealth.” He ﷺ said: “The bankrupt of my Ummah would be he who would come on the Day of Resurrection with prayers and fasts and Zakat but since he hurled abuses upon others, brought calumny against others and unlawfully consumed the wealth of others and shed the blood of others and beat others, and his virtues would be credited to the account of one (who suffered at his hand). If his good deeds fall short to clear the account, then his sins would be entered in (his account) and he would be thrown in the Hell-Fire.” [Muslim 2581]

This is a strong warning to safeguard oneself from harming others and taking away their rights. Forgiveness for such sins has to be given by the person whose rights were violated. If they don’t forgive in this life, then it must be resolved on the Day of Judgment as the hadith mentions. 

The hadith on the bankrupt person can lead someone to despair so it needs to be balanced with another hadith where Allah (Most High) intervenes in the case of two believers, where the one who harmed the other had no good deeds left to compensate his victim.

Anas narrated that ‘While the Messenger of Allah ﷺ was seated once, we saw him laugh so heartily that his eye-teeth were visible. What has made you laugh O Messenger of Allah,” asked Umar, “may my father and my mother be your ransom?” He ﷺ replied “I laugh because of two men from my ummah, who shall kneel in the presence of the Lord of Power. One of them says, ‘O my Lord, grant me retaliation for the wrong [for which I am owed recompense] from my brother,’ and Allah (Most High) says, ‘Give your brother that in which he was wronged.’ ‘O Lord,’ he replies, ‘None of my righteous works remain,’ Then Allah (Most High) says to the man that made the demand, ‘What shall you do with your brother, seeing that none of his righteous works remain?’ He replies, ‘O my Lord! Let him bear some of my burden in my stead.'” The Messenger of Allah ﷺ wept, as he said, “Truly, that shall be a mighty Day, a Day when men have need of others to bear their burdens!” Then he ﷺ said, “And Allah says to the one who made the request, ‘Lift up your head, and look to the Gardens!’ This he does, and he says, ‘O my Lord! I behold lofty cities of silver, and golden palaces wreathed about with pearls. For which Prophet shall they be, or for which Saint or Martyr?’ He (Most High) says, ‘They belong to whomsoever pays me their price.’ ‘O my Lord!’ he says, ‘And who possesses their price?’ ‘You possess it,’ He (Most High) replies. ‘And what might it be?’ he asks, and He (Most High) says, ‘Your forgiveness of your brother.’ ‘O my Lord!’ he says, ‘I have forgiven him!’ Then Allah (Most High) says, ‘Take your brother’s hand and bring him into Heaven.'” Then the Messenger of Allah ﷺ said, “Fear Allah, and make reconciliation amongst yourselves, for Allah reconciles the believers with one another.”‘ [Hakim, iv, 576]

Being created as a member of the last ummah, the Muslim Ummah is a mercy

The Messenger of Allah ﷺ said, “You are the final of seventy nations, you are the best and most honoured among them to Allah.” [Ahmad, At-Tirmidhi, Ibn Majah, and Al-Hakim]

Abdullah bin Mas’ud said, “The Messenger of Allah said to us, “Does it please you that you will be one-fourth of the people of Paradise?” We said, Allahu Akbar!’ He added, “Does it please you that you will be one-third of the people of Paradise. We said, Allahu Akbar!’ He said, “I hope that you will be half of the people of Paradise.” [Ahmed]

If Allah is merciful how can He punish people?

Conclusion

We finish with a quote from Ibn Al-Qayyum which beautifully summarises this topic.

Ibn Al-Qayyum said: “Had Allah lifted the veil for His slave and shown him how He handles his affairs for him, and how Allah is more keen for the benefit of the slave than His Own Self, the slave’s heart would have melted out of love for Allah, and would have been torn to pieces out of thankfulness to Allah.

Therefore if the pains of this world tire you, do not grieve.

For it may be that Allah wishes to hear your voice by way of du’a. So pour out your desires in prostration and forget about it and know, that verily Allah does not forget.”

And finally a du’a:

اللَّهُمَّ اجْعَلْ خَيْرَ عُمْرِي آخِرَهُ ، وَ خَيْرَ عَمَلِي خَوَاتِمَهُ ، وَ خَيْرَ أَيَّامِى يَوْمَ أَلْقَاكَ فِيهِ

Allahumma aj’al khaira ‘umuri akhira, wa khaira ‘amali khawaatimah, wa khaira ayyami yawmal-qaaka fih

O Allah! Make the best of my life the end of it, and the last of my deeds the best one; and the best of my days the Day when I meet You!

Is the Caliphate a monarchy?

This is based on an excerpt from the book Questions on Kingship, by Professor Muḥammad al-Mas’ari produced by the Renascence Foundation.

It seems that Allah mentions kings and kingship in the Qur’an in a positive way, saying they are a ni’mah (blessing) or a divine favour. For example, Allah says,

وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِۦ يَـٰقَوْمِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ جَعَلَ فِيكُمْ أَنۢبِيَآءَ وَجَعَلَكُم مُّلُوكًۭا وَءَاتَىٰكُم مَّا لَمْ يُؤْتِ أَحَدًۭا مِّنَ ٱلْعَـٰلَمِينَ

And ˹remember˺ when Moses said to his people, “O my people! Remember Allah’s favours upon you when He raised prophets from among you, made you kings and gave you what He had never given anyone in the world.”[1]

Does this mean Islam has approved of kingship and monarchy as some modern jurists have said, and hence the Caliphate could be considered a monarchical form of government?

Sheikh al-Mas’ari says,

It may be of assistance to begin the answer to this question with reference to the meaning of the words مُلْك mulk, مَلِك malik and مُلُوك muluk. Broadly speaking, the first meaning (mulk) relates to sulṭān (authority) in general. As is found in relation to what Allah said in Surah Yusuf:

رَبِّ قَدْ ءَاتَيْتَنِى مِنَ ٱلْمُلْكِ وَعَلَّمْتَنِى مِن تَأْوِيلِ ٱلْأَحَادِيثِ ۚ فَاطِرَ ٱلسَّمَـٰوَٰتِ وَٱلْأَرْضِ أَنتَ وَلِىِّۦ فِى ٱلدُّنْيَا وَٱلْـَٔاخِرَةِ ۖ تَوَفَّنِى مُسْلِمًۭا وَأَلْحِقْنِى بِٱلصَّـٰلِحِينَ

My Lord, You have given me [something] of sovereignty and taught me of the interpretation of dreams. Creator of the heavens and earth, You are my protector in this world and the Hereafter. Cause me to die a Muslim and join me with the righteous.[2]

By necessity we know that this was ‘authority’ or dominion as referred to in the verse is in a broad sense, regardless of how it was arrived at or exercised in practise. Yusuf (peace be upon him) was not the king of Egypt, this position was already occupied by a hereditary monarch. It is this monarch which conferred upon Yusuf the position of being a chief minister.

The second meaning (malik) relates to the technical meaning which specifically relates to the current matter under discussion – namely as the head of state (ra’is ad-dawla) which is inherited – usually by father to son – and situated as head of state.

A third meaning (muluk) can be elicited as relating to the free man and that of his possessions in terms of wealth and estate. It is in this context that the verse you have cited appears and not – as can be seen from the discussion below – as construing that Allah has favoured or legislated monarchy / hereditary kingship. The verse as it appears in Surah al-Mā’idah is as follows:

وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِۦ يَـٰقَوْمِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ جَعَلَ فِيكُمْ أَنۢبِيَآءَ وَجَعَلَكُم مُّلُوكًۭا وَءَاتَىٰكُم مَّا لَمْ يُؤْتِ أَحَدًۭا مِّنَ ٱلْعَـٰلَمِينَ

And ˹remember˺ when Moses said to his people, “O my people! Remember Allah’s favours upon you when He raised prophets from among you, made you kings and gave you what He had never given anyone in the world.”[3]

When read in full it doesn’t appear that the verse purports to show Allah talking about kingship, or to be more precise hereditary monarchy or the monarchical system of governance as being blessed. This is not actually correct as the full verse demonstrates.

Moreover, the wording in the verse is significant [وَجَعَلَكُم مُّلُوكًا]; the verb [ جَعَلَ ] being attached to [كُم] which is the second person pronoun ‘you/your’ in plural form. Hence the verse reads in full, when taking account of the grammatical point – “made all of you kings”. Again, that is a far cry from any assertion that Allah is speaking in this verse as being in favour of a monarchical system of governance.

To further exemplify this point and the meaning intended by the verse, it is important to consider the various commentaries upon this which have reached us by the classical exegetes. Writing in his acclaimed Tafsir Imām aṭ-Ṭabari presents a large number of narratives, a selection of which is presented in full here with the quoted isnāds, concerning the portion of the verse where it says and “made you kings”:

حدثنا بشر قال: حدثنا يزيد قال: حدثنا سعيد عن قتادة قوله وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِ يَا قَوْمِ اذْكُرُوا نِعْمَة ا ه للَّ عَلَيْكُمْ إِذْ جَعَلَ فِيكُمْ أَن بِيَاءَ وَجَعَلَكُم مُّلُوكًا قال: كنا نحدث أنهم أول من سخر لهم الخدم من بني آدم وملكوا وقال آخرون: كل من ملك بيتا وخادما وامرأة فهو “ملك” كائنا من كان من الناس

Bishr narrated to us he said Yazeed narrated to us he said Sa’eed narrated to us from Qatāda regarding his statement – “And when Musa said to his people: O my people! Remember the favour of Allah upon you when He raised Prophets among you and made you kings” – he said – “We were the first to make them jeer as they were servants of the sons of Adam and kings.” And others said – “all from Kings (with) a house, servant and a woman.” Thus he is a king, whoever he was from the people.

حدثنا يونس بن عبد الأعلى قال: أخبرنا ابن وهب قال: أخبرنا أبو هانئ: أنه سمع أبا عبد الرحمن الحبلييقول: سمعت عبد الله بن عمرو بن العاصوسأله رجل فقال: ألسنا من فقراء المهاجرين؟ فقال له عبد الله: ألك امرأة تأوي إليها؟ قال: نعم! قال: ألك مسكن تسكنه؟ قال: نعم! قال فأنت من الأغنياء! فقال: إن لي خادما. قال: فأنت من الملوك

Yunus bin Abdal-‘Ala narrated to us he said Ibn Wahb reported to us he said Abu Hāni reported to us that he heard Abu Abdar-Raḥman al-Ḥubuli he said: I heard that a person asked Abdallah bin ‘Amr bin al-‘Aāṣ – “Are we not amongst the destitute of the emigrants?” Abdallah said to him: “Have you a spouse with whom you live?” He said: “Yes.” Abdallah asked: “Do you not have a home in which you reside?” The man replied “Yes.” Abdallah said: “Then you are amongst the rich.” He said: “I have a servant also.” Thereupon he (bin Amr bin al-‘Aāṣ) said: “Then you are amongst the kings!”

حدثنا الزبير بن بكار قال: حدثنا أبو ضمرة أنس بن عياضقال: سمعت زيد بن أسلم يقول: “وجعلكم ملوكا” فلا أعلم إلا أنه قال: قال رسول الله صلى الله عليه وسلم: من كان له بيت وخادم فهو ملك

Az-Zubayr bin Bakkār narrated to us he said Abu Ḍamra Anas bin ‘Ayyāḍ narrated to us he said I heard Zayd bin Aslam he said – ‘and made you kings’ – “I am unawares except that he said the Prophet of Allah ﷺ said – ‘whoever was in possession of a house and a servant he is thus a king.’

حدثنا سفيان بن وكيع قال: حدثنا العلاء بن عبد الجبار عن حماد بن سلمة عن حميد عن الحسن: أنه تلا هذه الآية: “وجعلكم ملوكا” فقال: وهل الملك إلا مركب وخادم ودار؟ فقال قائلو هذه المقالة: إنما قال لهم موسى ذلك لأنهم كانوا يملكون الدور والخدم ولهم نساء وأزواج

Sufyān bin Waki narrated to us he said al-‘Alā bin Abdal-Jabbār narrated to us from Ḥammād bin Salama from Ḥumayd from al-Ḥasan that he commented upon this verse – ‘and made you kings’ – by saying – “and isn’t a king but the one who has a house and servant?” He said – “but it is said of this that Musa said this to them because they all had houses, servants, women and partners.”

حدثنا سفيان بن وكيع وابن حميد قالا: حدثنا جرير عن منصور قال أراه عن الحكم – }وجعلكم ملوكا{ قال: كانت بنو إسرائيل إذا كان للرجل منهم بيت وامرأة وخادم عد ملكا

Sufyān bin Waki and Ibn Ḥumayd narrated to us they said Jarir narrated to us from Manṣur he said – I saw from al-Ḥakam – ‘and made you kings’ – he said: “for the children of Israel if a man had a house, a woman and a servant, he was regarded as a king.”

حدثنا هناد قال حدثنا وكيع عن سفيان ح وحدثنا سفيان قال: حدثنا أبي عن سفيان عن منصور عن الحكم: “وجعلكم ملوكا” قال: الدار والمرأة والخادم قال سفيان: أو اثنتين من الثلاثة

Hannād narrated to us he said Waki narrated to us from Sufyān (ḥawala) and Sufyān narrated to us he said my father narrated to us from Sufyān from Manṣur from al-Ḥakm (concerning) – ‘and made you kings’ – he said: “a house, a woman and a servant. Sufyān said or two of the three.”

حدثنا محمد بن عمرو قال حدثنا أبو عاصم قال حدثنا عيسى عن ابن أبي نجيح عن مجاهد في قول الله: “وجعلكم ملوكا” قال: جعل لكم أزواجا وخدما وبيوتا

Muḥammad bin ‘Amr narrated to us he said Abu ‘Aāṣim narrated to us he said Esa narrated to us from Ibn Abi Najiḥ from Mujāhid in relation to the statement of Allah – ‘and made you kings’ – he said, “he made for you all a partner, servant and house.”

حدثنا المثنى قال: حدثنا علي بن محمد الطنافسي قال: حدثنا أبو معاوية عن حجاج بن تميم ، عن ميمون بن مهران عن ابن عباس في قول الله: ” وجعلكم ملوكا ” قال : كان الرجل من بني إسرائيل إذا كانت له الزوجة والخادم والدار يسمى ملكا

Al-Muthanna narrated to us he said Ali bin Muḥammad aṭ-Ṭanāfisi he said Abu Mu’āwiya narrated to us from Ḥajjāj bin Tamim from Maymoon bin Mehrān from Ibn A’bbās in relation to the statement of Allah – ‘and made you kings’ – he said, “a man from the children of Israel was called a king if he had a wife, a servant and a property.”

حدثنا الحسن بن يحيى قال: أخبرنا عبد الرزاق قال: أخبرنا معمر عن قتادة في قوله “وجعلكم ملوكا” قال: ملكهم الخدم قال قتادة: كانوا أول من ملك الخدم

Al-Ḥasan bin Yaḥya narrated to us he said Abdar-Razzāq reported to us he said Ma’mar reported to us from Qatāda regarding his saying – ‘and made you kings’ – he said, “they (were) kings of the servants.” Qatāda said, “they were the first king of servants.”

حدثني الحارث بن محمد قال: حدثنا عبد العزيز بن أبان قال: حدثنا سفيان عن الأعمش عن مجاهد: وجعلكم ملوكا ” قال: جعل لكم أزواجا وخدما وبيوتا

Al-Ḥārith bin Muḥammad narrated to me he said Abdal-Aziz bin Abān narrated to us he said Sufyān narrated to us from al-‘Amash from Mujāhid – ‘and made you kings’ – he said, “he made for you all a partner, a servant and houses.”

حدثني موسى بن هارون قال: حدثنا عمرو بن حماد قال: حدثنا أسباط عن السدي : “وجعلكم ملوكا” يملك الرجل منكم نفسه وأهله وماله

Musa bin Hāroon narrated to me he said Amr bin Ḥammād narrated to us he said Asbāṭ narrated to us from as-Suddi – ‘and made you kings’“a man is a king from amongst them, himself, his family and his wealth.”

None of the narratives as presented above have reported the meaning that the portion of the verse – ‘and made you kings’ – purports to mean that Allah has said or implied that monarchy as a ruling system is divinely sanctioned or prescribed.

In the Tafsir of Ibn Kathir, again concerning the same portion of the verse in 5:20, he writes:

“And his statement – ‘and made you kings’ – Abdar-Razzāq said from ath-Thawri from Manṣur from al-Ḥakam or other than him from Ibn ‘Abbās in relation to his statement (in the ayah) – ‘and made you kings’ – he said, “a servant, a wife and a house.”

It is also narrated by Al-Ḥākim in his Mustadarak from the ḥadith of Thawri also from al-‘Amash from Mujāhid from Ibn ‘Abbās he said: “a wife and a servant and gave you what He had not given to any other among creation during their time.” Thereafter Al-Ḥākim said: “It is Ṣāḥīḥ according to the two-Shaykh’s but they did not record it.” And Maymoon bin Mehrān from Ibn ‘Abbās he said “a man from the children of Israel was called a king if he had a wife, a servant and a property.”

Ibn Jarir said: Yunus bin Abdal-‘Alā narrated to us he said Ibn Wahb reported (from) Abu Hāni reported that he heard Abu Abdar-Raḥman al-Ḥubuli he said: “I heard that a person asked Abdallah ibn ‘Amr bin al-‘Aāṣ – ‘Are we not amongst the destitute of the emigrants?’ Abdallah said to him: ‘Have you a spouse with whom you live?’ He said: ‘Yes.’ Abdallah asked: ‘Do you not have a home in which you reside?’ The man replied ‘yes.’ Abdallah said: ‘Then you are amongst the rich.’ He said: ‘I have a servant also.’ Thereupon he (bin Amr bin al-‘Aāṣ) said: ‘Then you are amongst the kings!’

Al-Ḥasan al-Baṣri said: “Isn’t a king but the one who has a mount, a servant and a house?”

Ibn Jarir further narrates from Manṣur, al-Ḥakam, Mujāhid and Sufyān ath-Thawri in relation to this and similar to (that from) Ibn Abi Ḥātim from Maymoon bin Mehrān. Qatāda said – “they were the first people to take servants.”

Ibn Abi Ḥātim said it was mentioned from Ibn Lahiya from Darrāj from Abu Haytham from Abu Sa’eed al-Khudari from the Prophet (peace be upon him) who said: “If someone from the children of Israel had a servant, a (riding) animal and a wife, he was dubbed a king.” This ḥadith is considered as strange (ghareeb) from this particular channel.

Similar has also been reported in the Tafsir of Imām Qurtubi and others. Furthermore, and in addition to the above, Imām Muslim recorded the following narration in his Ṣāḥīḥ:

فَقَالَ أَلَسْنَا مِنْ فُقَرَاءِ الْمُهَاجِرِينَ فَقَالَ لَهُ عَبْدُ اللَّهِ أَلَكَ امْرَأَةٌ تَأْوِي إِلَيْهَا قَالَ نَعَمْ ‏.‏ قَالَ أَلَكَ مَسْكَنٌ تَسْكُنُهُ قَالَ نَعَمْ قَالَ فَأَنْتَ مِنَ الأَغْنِيَاءِ قَالَ فَإِنَّ لِي خَادِمًا قَالَ فَأَنْتَ مِنَ الْمُلُوكِ

Abul-Ṭāhir Aḥmad bin ‘Amr bin Sarḥ narrated to me Ibn Wahb reported to us Abu Hāni reported to me (that) he heard Abu Abdar-Raḥman al-Ḥubuli he said: “I heard that a person asked Abdallah bin ‘Amr bin al-‘Aāṣ and heard him saying: ‘Are we not amongst the destitute of the emigrants?’ Abdallah said to him: ‘Have you a spouse with whom you live?’ He said: ‘Yes.’ Abdallah asked: ‘Do you not have a home in which you reside?’ The man replied ‘yes.’ Abdallah said: ‘Then you are amongst the rich.’ He said: ‘I have a servant also.’ Thereupon he (bin ‘Amr bin al-‘Aāṣ) said: ‘Then you are amongst the kings.’[4]

Taken in the round, we would submit that the aforementioned citations provide more than adequate evidence to show that the meaning of the Qur’ānic verse under consideration, namely 5:20, is not an evidence to demonstrate that Allah was talking about kingship / monarchy in general, or that he praised hereditary monarchy as a system of governance, nor for that matter regarded it as being blessed.

Secondly, the authentic aḥādith from the Prophet ﷺ which say –  لاَ مَلِكَ إِلاَّ اللَّهُ ‘there is no king but Allah’ – (as recorded by Muslim, al-Ḥākim and others)[5] can be seen as setting out the prescriptive rule of what ought to be. It is known by necessity that there are kings all over the earth – from the time of the Prophet ﷺ up until now. So his ﷺ statement – ‘there is no king but Allah’ – is not a descriptive statement of fact. Rather, it is a legal ruling overriding the idea of kingship and hereditary monarchy. To further exemplify the point, what did the Prophet ﷺ say regarding ruling after he leaves this mortal world? As recorded in the famous ḥadith found in Bukhāri and Muslim:

كَانَتْ بَنُو إِسْرَائِيلَ تَسُوسُهُمُ الأَنْبِيَاءُ كُلَّمَا هَلَكَ نَبِيٌّ خَلَفَهُ نَبِيٌّ وَإِنَّهُ لاَ نَبِيَّ بَعْدِي وَسَتَكُونُ خُلَفَاءُ فَتَكْثُرُ ‏‏قَالُوا فَمَا تَأْمُرُنَا قَالَ فُوا بِبَيْعَةِ الأَوَّلِ فَالأَوَّلِ وَأَعْطُوهُمْ حَقَّهُمْ فَإِنَّ اللَّهَ سَائِلُهُمْ عَمَّا اسْتَرْعَاهُمْ

“The prophets ruled over the children of Israel, whenever a prophet died another prophet succeeded him, but there will be no prophet after me. There will soon be Khulafaa’ and they will number many.” They asked; “What then do you order us?” He said: “Fulfil the bay’ah to them, one after the other, and give them their dues for Allah will verily account them about what he entrusted them with.”[6]

Political ruling in Islam is based upon consent and the pledge of allegiance (bay’ah) to a ruler to enact and adhere to the Book of Allah and the Sunnah. The companions of the Prophet (ﷺ) – may Allah be pleased with them all – understood this point in a profound manner. Again, as cited in Ṣaḥīḥ Bukhāri we find the following comments from Umar, albeit in excerpt form, as being particularly instructive:

Abdal-Aziz bin Abdallah narrated to us Ibrāhim bin Sa’d narrated to me from Ṣāliḥ from Ibn Shihāb from Ubaidallah bin Abdallah bin ‘Utba bin Mas’ud from Ibn ‘Abbās he said:

“I used to teach (the Qur’ān) to some people of the emigrants, among whom there was Abdur-Raḥman bin ‘Auf. While I was in his house at Mina and he was with Umar bin al-Khaṭṭāb during his last Ḥajj, Abdur-Raḥman came to me and said – ‘Would that you had seen the man who came today to the Chief of the Believers (Umar), saying, ‘O Chief of the Believers! What do you think about so-and-so who says, If Umar should die, I will give the pledge of allegiance to such-and-such person, as by Allah, the pledge of allegiance to Abu Bakr was a misfire which got established afterwards.’ Umar became angry and then said, ‘Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership).’

‘(O people!) I have been informed that a speaker amongst you says – By Allah, if Umar should die I will give the pledge of allegiance to such-and-such person. One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed.’

Umar added, ‘By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed.’[7]

If we delve into Islamic history and jurisprudence, taking in all groups and sects, it is not possible to find any thinker or jurist advancing a theory of government based upon kingship, monarchy or hereditary monarchy. In fact, there are only two viewpoints that have ever been advanced: that a Muslim ruler is appointed by bay’ah or that he is divinely appointed by Allah, which is the view of the Shia. One would need to step outside Islamic scholarship to find theories which argue for hereditary monarchy.

During the middle-ages, this viewpoint was common in Europe. For example, William Tyndale who was the first person to translate the Bible into English argued in 1528:

“He that judgeth the king judgeth God; and he that resisteth the king resisteth God and damneth God’s law and ordinance…The king is, in this world, without law, and may at his lust do right or wrong and shall give accounts but to God only.”[8]

Theories purporting to show the ‘divine right’ of kings and that monarchy was not simply the natural state of political affairs, but was ordained by God, was a particular feature of English political writings during the 16th and 17th centuries. James VI of Scotland, but also known as James I of England, famously sought to lay out not only the duties that the English subject bore to their king, but also that this was divinely sanctioned. Writing in 1598 he said:

“And it is here likewise to be noted that the duty and allegiance which the people swears to their prince is not bound to themselves, but likewise to their lawful heirs and posterity, the lineal succession of crowns being begun among the people of God and happily continued in divers Christian commonwealths.”[9]

And in his speech to the assembled Houses of Parliament – the Commons and the Lords in 1610 he said:

“The state of monarchy is the supremest thing upon earth. For kings are not only God’s lieutenants upon earth, and sit upon God’s throne, but even by God himselfe they are called gods….In the Scriptures kings are called gods, and so their power after a certain relation compared to the divine power.”[10]

Arguably one of the most famous expositions of hereditary monarchy, justified through both Christian scripture and an appeal to reason, was the Leviathan of Thomas Hobbes, published in 1651. The quotes presented below are taken from chapters 17 and 20:

“This done, the Multitude so united in one Person, is called a COMMON-WEALTH, in latine CIVITAS. This is the Generation of that great LEVIATHAN, or rather (to speake more reverently) of that Mortall God, to which wee owe under the Immortal God, our peace and defence. For by this Authoritie, given him by every particular man in the Common-Wealth, he hath the use of so much Power and Strength conferred on him, that by terror thereof, he is inabled to conforme the wills of them all, to Peace at home, and mutuall ayd against their enemies abroad. And in him consisteth the Essence of the Commonwealth; which (to define it,)is One Person, of whose Acts a great Multitude, by mutuall Covenants one with another, have made themselves every one the Author, to the end he may use the strength ad means of them all, as he shall think expedient, for their Peace and Common Defence.

It belongeth therefore to the Soveraigne to bee Judge and to praescribe, the Rules of discerning Good and Evill; which Rules are Lawes; and therefore in him is the Legislative Power.”[11]

Surely a Muslim must be conscious of these key political facts. Notwithstanding this, the words as revealed upon the tongue of the noble Prophet and final messenger to mankind, Muḥammad ﷺ clearly ring true:

Sa’eed bin Abi Maryam narrated to us Abu Ghassān narrated to us he said Zayd bin Aslam narrated to me from ‘Aṭā bin Yassār from Abu Sa’eed (may Allah be pleased with him) that the Prophet ﷺ said: “You will follow the wrong ways, of your predecessors so completely and literally that if they should go into the hole of a lizard you too will go there.” We said “O Allah’s Messenger! Do you mean the Jews and the Christians?” He replied “who else?”[12]


Notes


[1] Holy Qur’an, Surah al-Ma’ida, ayah 20

[2] Holy Qur’an, Surah Yusuf, ayah 101

[3] Holy Qur’an, Surah al-Ma’ida, ayah 20

[4] Sahih Muslim 2979a, https://sunnah.com/muslim:2979a

[5] Sahih Muslim 2143b, https://sunnah.com/muslim:2143b

[6] Sahih Muslim 1842a, https://sunnah.com/muslim:1842a ; sahih Bukhari 3455, https://sunnah.com/bukhari:3455

[7] Sahih al-Bukhari 6830, https://sunnah.com/bukhari:6830

[8] Cited in J. W. Allen (1964), A History of Political Thought in the Sixteenth Century (London: Barnes & Noble) UP No. 4 (university paperbacks), p. 128. Together with the other quotations, they are left as far as possible in the old English.

[9] The Trew Law of Free Monarchies, 1598

[10] Speech to the Lords and Commons of Parliament, 1610

[11] Thomas Hobbes, Leviathan, chapters 17 and 20

[12] Sahih Muslim 2669a, https://sunnah.com/muslim:2669a

Al-Mawardi’s six principles of reforming society

This is an excerpt from the book Adab al-Dunya wa al-Din (The Ethics of Religion and of this World) by the famous jurist, chief justice and statesmen of the Abbasid Khilafah Abu al-Hasan al-Mawardi (972-1058CE).

Al-Mawardi says,

“Know that there are six principles by which the world is reformed (islah), so that its affairs become organised and well managed. They are:

  1. followed religion (دِينٌ مُتَّبَع)
  2. dominant political authority (سُلْطَانٌ قَاهِر)
  3. comprehensive justice (عَدْلٌ شَامِلٌ)
  4. common security (أَمْنٌ عَامٌّ)
  5. economic prosperity (خِصْبٌ دَائِمٌ)
  6. abundant opportunities (أَمَلٌ فَسِيحٌ)

The First Principle – followed religion

This is a religion (deen) that enjoys the people’s adherence because it disinclines the hearts from following their low passions. It exerts a powerful influence on people’s inner thoughts, and watches over their hearts when they are all alone and counsels them during difficult rimes. This is not possible without a religion (that enjoys adherence). People cannot enjoy wellbeing except with a religion that they can comply with. Religion is the strongest principle for the wellbeing of the world, and one of the most beneficial elements that contribute to functioning order and security in the world. Therefore, Allah did not deprive the human beings since He created them as intelligent creatures of a law that they are bound to and of principles of faith. This ensures that their opinions are harmonized, and they surrender to His will and that their passions do not rule over them.

Scholars have, however, differed regarding the reality of reason and revelation. Did they come together, or was reason first, then followed by revelation? A group is of the opinion that they came at the same time. Another group said that reason preceded revelation because it is the soundness of the intellect that discerns the soundness of revelation. Allah said:

أَيَحْسَبُ ٱلْإِنسَـٰنُ أَن يُتْرَكَ سُدًى

Do people think they will be left without purpose?[1]

The human being has this quality only when his intellect matures. It is clear therefore that religion is one of the strongest elements in the building of a good world and the only one for attaining felicity in the Hereafter. It is, therefore, most fitting for those endowed with an intellect to fully grasp what is needed for wellbeing in this world and in the Hereafter.

Thus, a sage has said that learning is of two types: sacred learning and political learning. Sacred learning deals with spiritual obligations, while political learning is needed for managing the world. Both branches are linked to justice by which rulers can feel safe, and societies are built. He who ignores his spiritual obligations has oppressed himself; the one who harms the world has oppressed others. Sa’id b. Humayd said: ‘Wellbeing is not real until it is the wellbeing of both faith and the world.’

The Second Principle – dominant political authority

That is a strong ruler. The awe people have of him harmonizes the people’s diverse inclinations. It also makes for the reconciliation of the people’s differently disposed hearts. His power restrains otherwise aggressive hands and fear of him benefits characters that are prone to transgression. It is the nature of man to compete with and overcome others over what he likes and to overcome whoever opposes him. Nothing but a strong hand can deter him. AI-Mutanabbi captures the meaning of this in the following lines:

The noble person is not safe from causing harm

Until the blood of retribution is spilled close to him.

Oppression is a human trait. If you find someone with virtue

For a reason, he does not oppress.

The dissuasion from wrongdoing can come from four sources: It can be due to a prudent intellect, a restraining religion, a deterring ruler or incapacity. You cannot find a fifth element. Fear of the ruler is the most effective of them because the intellect and religion can become weak, or passion can prevail over them. Thus, the fear of the ruler can constitute a stronger deterrent.

The Prophet ﷺ said:

السُّلْطَانُ ظِلُّ اللَّهِ فِي الْأَرْضِ يَأْوِي إلَيْهِ كُلُّ مَظْلُومٍ

‘The Sultan is the shadow of Allah on earth, to whom all oppressed people turn.’[2]

Uthman bin Affan (ra) said:

إنَّ اللَّهَ لَيَزَعُ بِالسُّلْطَانِ أَكْثَرَ مِمَّا يَزَعُ بِالْقُرْآنِ

‘Allah prevents by the authority (sultan) what He does not prevent by the Qur’an.’[3]

Amr bin Al-‘Aas said to his son Abdullah:

الْإِمَامُ الْجَائِرُ خَيْرٌ مِنْ الْفِتْنَةِ

‘An unjust imam is better than fitna.’[4]

Likewise, if the ruler does not have a religion around which people unite, and by which people see obedience to him and support of him a necessity, he will not last long in power, nor will his reign be peaceful. He will be an overbearing king whose reign will be corrupt. For these reasons, it is necessary to have a ruler who will have a positive influence on his times and be the leader of the people so that the faith will through his leadership be protected. His power should be in harmony with the values of the faith and its rulings.

Thus, ‘Abd Allah b. al-Mu’taz said:

Power with the support of religion lasts.

Religion with the help of power gains strength.

Seven functions call for establishing a leader for the world community (ummah) of Islam:

1- Protection of the religion from alterations and encouraging adherence to it with diligence.

2- Protection of property, and defense of the nation against enemies of religion, aggressors against life and property.

3- Building the country by strengthening the pillars of its wellbeing. This includes the building and maintenance of its roads and pathways.

4- Administering public funds in his charge according to religious principles without deviance in its acquisition and disbursement.

5- Administering justice with fairness among all the land’s people, based on principles of meticulous equity.

6- Administering legal penalties on the guilty with neither excess nor falling short.

7- Appointing the administrators that befit the offices in terms of qualification and trustworthiness.

If the leader of the ummah does what is incumbent upon him of these seven functions, he would have fulfilled Allah’s rights in his treatment of his subjects, earned their obedience, sincerity and love. If, on the other hand, he does not perform these functions he becomes blameworthy and will suffer consequences. His subjects will harbor within themselves disloyalty and resentment and wait for the right opportunity to manifest them openly. They will hope for major calamities during which they will manifest their disloyalty. Allah has said:

قُلْ هُوَ ٱلْقَادِرُ عَلَىٰٓ أَن يَبْعَثَ عَلَيْكُمْ عَذَابًۭا مِّن فَوْقِكُمْ أَوْ مِن تَحْتِ أَرْجُلِكُمْ أَوْ يَلْبِسَكُمْ شِيَعًۭا وَيُذِيقَ بَعْضَكُم بَأْسَ بَعْضٍ ۗ ٱنظُرْ كَيْفَ نُصَرِّفُ ٱلْـَٔايَـٰتِ لَعَلَّهُمْ يَفْقَهُونَ

Say, “He ˹alone˺ has the power to unleash upon you a torment from above or below you or split you into ˹conflicting˺ factions and make you taste the violence of one another.” See how We vary the signs, so perhaps they will comprehend.[5]

His saying ‘a torment from above or below you’ has two interpretations. The first interpretation is that the punishment from above means evil rulers and the punishment below you means evil slaves. This is the interpretation of Ibn Abbas.

According to the second interpretation, the punishment from above them are the meteorites, and the one beneath their feet is the earth sinking down beneath them. And this is the interpretation of Mujahid and Sa’id b. Jubayr.

The statement ‘split you into ˹conflicting˺ factions’ has two interpretations. The first is contending passions and opinions. And that is the opinion of Ibn Abbas.

According to the second interpretation, it means anarchy. And that is the view of Mujahid.

It is narrated that the Prophet ﷺ said:

مَا مِنْ أَمِيرٍ عَلَى عَشَرَةٍ إلَّا وَهُوَ يَجِيءُ يَوْمَ الْقِيَامَةِ مَغْلُولَةٌ يَدَاهُ إلَى عُنُقِهِ حَتَّى يَكُونَ عَمَلُهُ هُوَ الَّذِي يُطْلِقُهُ أَوْ يُوبِقُهُ

‘Every Amir of a group of ten will appear on the Day of Reckoning with his hands tied to his neck until his (earthly) work frees him or destroys him.’[6]

And the Prophet ﷺ also said:

خِيَارُ أَئِمَّتِكُمُ الَّذِينَ تُحِبُّونَهُمْ وَيُحِبُّونَكُمْ وَيُصَلُّونَ عَلَيْكُمْ وَتُصَلُّونَ عَلَيْهِمْ وَشِرَارُ أَئِمَّتِكُمُ الَّذِينَ تُبْغِضُونَهُمْ وَيُبْغِضُونَكُمْ وَتَلْعَنُونَهُمْ وَيَلْعَنُونَكُمْ

‘Your best leaders are those whom you love and who also love you. And your worst leaders are those you hate and who hate you. You curse them, and they curse you. This is true, because if the ruler is good, he loves the people and they love him, and if be is bad, he hates them, and they hate him.’[7]

Umar b. al-Khattab wrote to Sa’d b. Abi Waqqas saying:

إنَّ اللَّهَ تَعَالَى إذَا أَحَبَّ عَبْدًا حَبَّبَهُ إلَى خَلْقِهِ، فَاعْرِفْ مَنْزِلَتَك مِنْ اللَّهِ تَعَالَى بِمَنْزِلَتِك مِنْ النَّاسِ، وَاعْلَمْ أَنَّ مَا لَك عِنْدَ اللَّهِ مِثْلُ مَا لِلَّهِ عِنْدَك

‘When Allah loves a servant, He endears him to His creation. So know your standing with Allah through your standing with the people. And know that what you have with Allah is like what Allah has with you.’ This sheds light on what we have mentioned above.

The root of all this is that the ruler’s fear of Allah leads him to obey Him in matters related to His creatures. And obeying Him in matters related to His creatures leads to their loving him (the ruler). Consequently, their love (for the ruler) is indicative of his goodness and fear (of Allah), while their hatred indicates his evil and insufficient attention (to his duties). Umar b. al-Khattab said to his deputies (governors):

 أُوصِيك أَنْ تَخْشَى اللَّهَ فِي النَّاسِ، وَلَا تَخْشَى النَّاسَ فِي اللَّهِ

‘I advise you to fear Allah in your dealings with the people, and not to fear the people in your dealings with Allah.’

Umar b. ‘Abd al-Aziz said to someone who once sat with him: ‘I fear Allah regarding what I have assumed (power).’ He replied: ‘I do not fear for you that you fear Allah. Rather I fear for you that you will not fear Allah.’

This is clear because the one who fears Allah is immune from perpetrating injustice.

Similarly, it is related that Umar b. Al-Khattab said to Abu Maryam al-Saluli, who had killed his brother, Zayd b.al-Khattab: ‘By Allah, I will not love you until the day when the earth loves blood.’

He asked: ‘Would that deprive me of my rights?’

He said: ‘No.’

He replied: ‘Then there is no harm. Only women cry over not being loved.’

Abd al-Rahman b. Muhammad narrated: Talha Ubayd Allah gave one hundred thousand dirhams as dowry for Umm Kulthum, the daughter of Abu Bakr. He is the first to ever give such a hefty dowry. Someone passed by Umar b. al-Khattab carrying that sum.

He (Umar) said: ‘What is this?’

He replied: ‘The dowry of Umm Kulthum, the daughter of Abu Bakr.’

He said: ‘Take it to the Bait ul-Mal (state treasury)!’

Talha was informed about this and was told: ‘Talk to him about it!’

He said: ‘I will not do that. If Umar saw it within his right to do what he did, he would not return it, because of what I say. But if he sees that he has no such right, he will certainly return it.’ When Umar woke up (the following day) he called for the money, and it was given to Umm Kulthum.

A story is told that al-Rashid[8] jailed Abu al-Atahiyya who wrote on the wall of his cell the following:

By Allah oppression is blameworthy

And the wrongdoer shall remain an oppressor.

We are heading to our meeting with the King

Of the Day of Reckoning.

All litigants will gather in front of Allah.

You will know in the Hereafter

When we meet the King tomorrow

Who the oppressor is.

Al-Rashid was informed of this. He wept bitterly and called for Abu al-Atahiyya. He asked for his forgiveness, gave him a thousand dinars and freed him.

Third Principle – comprehensive justice

The third principle, comprehensive justice, results in social harmony and obedience (to the ruler) and makes possible the building of the nation, economic prosperity, population increase and the safety of the ruler. This is why al-Hurmuzan[9] said to Umar when he saw him sleeping with very modest clothes without guards: ‘You practiced justice, earned safety now take a nap (without guards).’

And there is nothing that destroys a nation faster, and is more corrupting for the minds of people than injustice because it knows no limits. Every measure sets a pattern of corruption that increases until corruption engulfs everything.

The Prophet ﷺ said,

ثَلَاثٌ مُنْجِيَاتٌ، وَثَلَاثٌ مُهْلِكَاتٌفَأَمَّا الْمُنْجِيَاتُفَالْعَدْلُ فِي الْغَضَبِ وَالرِّضَا، وَخَشْيَةُ اللَّهِ فِي السِّرِّ وَالْعَلَانِيَةِ، وَالْقَصْدُ فِي الْغِنَى وَالْفَقْرِوَأَمَّا الْمُهْلِكَاتُفَشُحٌّ مُطَاعٌ، وَهَوًى مُتَّبَعٌ، وَإِعْجَابُ الْمَرْءِ بِنَفْسِهِ

‘There are three redeeming virtues and three destructive vices. The redeeming virtues are fairness in the states of anger and contentment; fear of Allah in the secret and in public; and moderate behavior in wealth and in poverty. The destructive vices are compulsive stinginess, overwhelming passions of the lower type and self-satisfaction.’[10]

It is narrated that Alexander (the Great) asked the wise men of India (when he was informed about the scantiness of laws in their country): ‘How is it that you have so few laws in your country?’

They said: ‘Because we follow the truth instinctively, and on account of the fairness of our kings.’

He then asked: ‘Which is better: justice or bravery?’

They responded: ‘Justice when practiced, makes bravery irrelevant.’

A sage said: ‘Justice and fairness determine the level of social harmony.’

And a person of rhetoric said: ‘Justice is the scale which Allah placed among His creation, and which He established for the sake of truth. Do not, therefore, oppose Him through His scale, nor challenge Him in His sovereignty. And seek help through justice in two ways: little covetousness and abundant fear (of Allah).’

Since justice is one of the pillars of the world without which the latter would have neither order nor wellbeing, it is important to discuss it as it pertains to the individual’s relationship to himself, before proceeding to justice between the individual and others.

Justice toward oneself involves directing the self to that which benefits it and drawing it away from what is ugly. One should also ensure that in its different states the self avoids two extremes: too much of something and too little of it. Excess is injustice and falling short is wrong. And whoever is unjust to himself is more prone to be unjust to others.

The individual’s justice toward others is divided into three types:

The first type deals with those beneath him in status such as in the case of a sovereign’s justice toward his subjects and general toward his staff.

Justice toward those lower in status has four components: Seeking to make things easy for people and removing hardships is even better; avoiding heavy-handedness is endearing and seeking truth results in a desire to support the leader.

If the ruler does not have these attributes, then his behaviour is more prone to corruption. And opposition to his rule will be more likely. It is narrated that the Prophet ﷺ said:

أَشَدُّ النَّاسِ عَذَابًا يَوْمَ الْقِيَامَةِ مَنْ أَشْرَكَهُ اللَّهُ فِي سُلْطَانِهِ فَجَارَ فِي حُكْمِهِ

‘The person to receive the harshest punishment in the Day of Judgment is the one whom Allah has given some share of His power and who then practiced injustice in his rule.’

A sage said: ‘Power can last even if it is based on disbelief, but no power lasts if it is based on injustice.’

A person of letters said: ‘An unjust person has no neighbour, and his home will not prosper.’

Ardashir b. Babak said: ‘If the king is disinclined from justice, his subjects will be disinclined from obeying him.’

Anushiruwan was criticized for not punishing wrongdoers. He said: ‘They are the patients, and we are the physicians. If we fail to cure them through pardon, who will?’

Justice toward those who are superior in status, such as the case of the subject vis a vis his leader, has three aspects: sincerity in obedience, determined support, and truthful loyalty. Sincerity in obedience is the best guarantee of unity; determined support is the best defense against weakness, and truthful loyalty is the best antidote to negative suspicion. If a ruler does not have all these factors in his favor, those who used to defend him will overpower him; and he will be forced to protect himself against those who used to protect him. If such a situation continues, the entire social order collapses, along with the society which enjoyed comprehensive well-being.

Abruwaiz said: ‘Obey the one above you, and the one beneath you will obey you.’

A sage said: ‘Truly Allah is only pleased when His creation fulfills His rights. And His rights are gratitude for blessings received; sincerity and advice for the community; beautiful deeds; and compliance to sacred law.’

The third aspect, which is justice with one’s peers, has three components: avoiding arrogance, staying away from being over casual; nor causing harm. Avoiding arrogance results in good relations; staying away from being over casual is more endearing; and not causing harm is more just. The insufficient application of these principles leads to destructive enmity. People will become corrupt and cause others to be corrupt.

It is also narrated that Jesus, the son of Mary (may peace and blessings be upon both of them) one day rose to address some Israelites saying:

‘O Children of Israel, do not transmit wisdom to people of folly and thus do injustice to it, and do not deprive people of wisdom of it and thus oppress them. And do not reward a wrongdoer (by seeking retribution) and destroy your rank of virtue. O, Children of Israel, there are three things: something whose wisdom is obvious do it; something whose error is obvious avoid it; and something over which you have differences refer it to Allah, Most High.’

This saying is a synopsis of the ways of justice in all things.

A sage said: ‘Any intellect that does not respond appropriately in all situations is not a full intellect.’

A poet wrote:

If you live, skilfully deal with people

For you are in the abode of skilful dealings.

Some special circumstances might be related to these categories, the appropriate approach to which is moderation, staying the middle course between excess and deficiency. This is because justice is derived from the notion of the middle course. So, whatever goes beyond the middle course is a transgression of justice.

A sage said: ‘Virtue is the mean or the intermediate position between two negative states.’

Attributes of good acts are therefore the mean of two bad attributes. For example, wisdom is the mean in between evil and ignorance; Courage is the mean between foolhardiness and cowardice; temperance chastity is the mean between lust and weakness of sexual desire; Serenity is the mean between discontent and the weakness of anger; jealousy is the mean between envy and being used to bad habits; charm is the mean between vulgarity and surliness; humility is the mean between arrogance and self-debasement; generosity is the mean in between prodigality and stinginess; forbearance is the mean in between excessive anger and total absence of anger; love Is the mean between deception and a generally nice disposition; modesty is the mean between shamelessness and hatred, a dignified demeanor is the mean between haughtiness and lowliness.

A person of rhetoric said: ‘A bad ruler terrifies the innocent and raises the status of those with low character and a bad society elevates the despicable and perpetuates illnesses; and a bad offspring disgraces his ancestors and destroys virtue; and a bad neighbor spreads secrets and tears the veil of privacy.’

The Fourth Principle – common security

The fourth principle is common security that puts hearts at ease and encourages vision and enterprise. The innocent feel safe because of it, and the weak find comfort thereby. For the fearful has no peace, and the anxious are not at peace.

A sage said: ‘Peace and safety are the best livelihoods and justice is the mightiest army.’

This is because fear prevents people from seeking that which benefits them and puts them in shackles so they cannot move about. It holds them back from seeking the means of pursuing their goals and arranging their affairs. Security is the fruit of justice, and oppression is the fruit of that which is nor just.

Oppression can sometimes be the purposeful activities of humans that are outside of what is just, and it can sometimes occur without human agency. In this case, it would not be the result of deviation from justice. Therefore, based on what we mentioned about justice, security is not in the matters of maintaining a good social order, a fundamental principle of the way justice is. If that is the case, then absolute security is what is comprehensive while fear can vary. Sometimes, it is over one’s life, sometimes over one’s family, and sometimes over one’s wealth. When it is general, then it is over all these aspects, each of which then has a share of weakness and causes some sadness.

Types of fear can be different based on their causes and focus. They also differ depending on the degree of intensity of the person’s attachment to the reality over which there is fear. And whoever is fearful of something is preoccupied with it and can think of nothing else. He thinks that there is nothing to fear except that one specific thing he fears, and he is oblivious to the extent of the security he enjoys in other things. He is like the sick person who is so preoccupied with

his illness that he is oblivious to everything else. It may be that that which he has been shielded from is greater than that with which he is afflicted.

It is narrated that a man asked in the presence of a Bedouin: ‘What pain is worse than that of an aching molar?’ The Bedouin responded: ‘Every illness is the worst illness.’

So it is that the one who is surrounded by safety is like the one who basks in wellbeing. He will not be aware of the greatness of the blessedness of his security until he compares it with its opposite.

Abu Tammam said the following:

Life’s fluctuations regardless of the pain they bring you

also, bring you news of life’s pleasures.

It is, therefore, incumbent upon the person with a sound mind when he is afflicted with disease and fear to remember the greatness of the blessings that surrounds him in other respects, by way of wellbeing and security; and the greatness of what he has been shielded from that is more terrible than his disease and fear. Instead of complaining, he would give thanks and instead of panicking he would be patient. He will be filled with happiness.

It is related that Ya’qub asked Yusuf, (may peace and blessings be upon both) when he met him: ‘What happened to you after we were separated?’

He replied: ‘Do not ask what my brothers did to me. Ask about what my Lord did for me!’

A poet said:

Do not forget while you are well the days you were ill.

The chastisement of the oblivious is painful regret.

The Fifth Principle – economic prosperity

The fifth principle, which is widespread economic prosperity that breeds generosity of spirit, and in which both poor and rich find their share, so that envy becomes diminished, and hatred which results from deprivation is eliminated, and liberality is widespread; and compassion and bonding prevail. This is the strongest spur for the reform of the world and the management of its affairs. General prosperity engenders wealth, and wealth results in security and generosity.

Umar b. al-Khattab wrote to Abu Musa al-Ash’ari,

لَا تَسْتَقْضِيَنَّ إلَّا ذَا حَسَبٍ وَمَالٍ، فَإِنَّ ذَا الْحَسَبِ يَخَافُ الْعَوَاقِبَ وَذَا الْمَالِ لَا يَرْغَبُ فِي مَالِ غَيْرِهِ

‘Do not appoint as judges except people of good family reputation or wealth. The person of high reputation fears the (negative) consequences (of his bad actions), and the wealthy one desires no one’s wealth.’

A poet said:

I have seen nothing better than wealth after religion.

l have seen nothing worse than poverty after disbelief.

The stingy person’s withholding and giving are affected by the level of his wealth. A generous person’s level of wealth also affects his liberality.

Thus, Di’bil said:

If you do not give when you are not a governor

You will not for all eternity grant a gift requested.

What container does not overflow when it is full?

Which stingy person will not give when his means are abundant?

If prosperity does not generate the types of wellbeing I described, widespread poverty causes corruption that opposes prosperity. Whatever brings about general wellbeing when it is present and brings about its opposite when it is missing, must be considered a foundation of wellbeing and stability.

Prosperity is of two types; one is brought about by human industry, and the other by the presence of natural resources. Prosperity through human industry could be a component of natural resources, and it is a result of security which is linked to it. Prosperity by way of natural resources could be a component of divine causes, resulting from justice which is linked to it.

The Sixth Principle – abundant opportunities

The sixth principle, which is ample hope, spurs one to accomplish that which requires longer than one’s divinely decreed lifespan. And if the ones who come later did not benefit from what those before them had established, and have become thus endowed, people of each generation will need to establish from scratch what they need by way of dwellings and agricultural fields, and this is obviously impossible.

Thus, Allah has shown His compassion to His Creation by giving them ample hope through which the world is developed and reformed. Its development passes on from generation to generation, so that one generation completes what was left unfinished by an earlier one; and the third generation completes what the second had started but left somewhat scattered. Thus, the world’s affairs are harmonized, and they are well organized across the passage of time.

If hope had been limited, no one would strive for more than what one needs for a day and would not go beyond the absolute necessities of one’s time. The world would then be bequeathed to the next generation in a state of ruin. No one would find provision in it or take care of his needs in it. It would then be passed on to the next generation in an even worse state. No crops will be grown in it, and no one can last in it.

It is narrated that the Prophet ﷺ said:

الْأَمَلُ رَحْمَةٌ مِنْ اللَّهِ لِأُمَّتِي، وَلَوْلَاهُ لَمَا غَرَسَ غَارِسٌ شَجَرًا وَلَا أَرْضَعَتْ أُمٌّ وَلَدًا

‘Hope is a Mercy on my community from Allah. If it were not for ir, no planter would plant a tree, and no mother would suckle her baby.’[11]

And a poet said:

Although the hearts are fearful of death, hope strengthens them.

Humans expand them and time constricts them,

Hearts spread them out, and death folds them up.

However, prolonged hope in matters of the Hereafter is one of the strongest causes of heedlessness about the Hereafter, and lack of preparation for it. Labid b. Rabi’a illustrated the differences between the two types of hope in the following lines.

When you speak to your soul, lie to it.

Being truthful with the soul will destroy hope.

However, lie not to it in matters of Allah-consciousness.

Restrain it with righteousness.

Conclusion

These are the six principles by which the conditions of the world are reformed (islah), and the affairs of the whole world are organised. If they are accomplished, then its reform is complete.”[12]


Dr. Shuayb Wani of the Dar Al-‘Ilm – The House of Knowledge institute has delivered some in-depth lectures explaining these six principles. These are sessions 37-40 of the Islamic Worldview course:

Notes


[1] Holy Qur’an, Surah Al-Qiyamah, ayah 36

[2] Mishkat al-Masabih 3718, https://sunnah.com/mishkat:3718

[3] Sheikh Bin Baz says, “This is a well-known narration on the authority of Uthman (ra) and it is proven on the authority of Uthman bin Affan, the third rightly-guided caliph (ra). It is also narrated on the authority of Umar (ra)…”

[4] Ibn Asakir, Tarikh Dimishq, Explanation of the saying

[5] Holy Qur’an, Surah Al-An’am, ayah 65

[6] Mishkat al-Masabih 3697, https://sunnah.com/mishkat:3697

[7] Sahih Muslim 1855a, https://sunnah.com/muslim:1855a

[8] Harun Al-Rashid, the famous Abbasid Caliph (766-809CE)

[9] Persian general who was captured as a prisoner of war after the battle of Qadisiyyah and taken to Madinah

[10] Al-Bayhaqi 5122

[11] Al-Tabarani, Awsat, 5787

[12] Al-Mawardi, Adab al-Dunya wa al-Din, https://shamela.ws/book/765/118#p1 translation based on the book ‘Living Wisely – Teachings of Mawardi on Ethics and Human Wellbeing. An Abridged Translation of Mawardi’s Adab al-Dunya wa al-Din,’ by Dr. Ahmed Bangura, Turath Publishing, 2024, pp.109-124

What is the meaning of “Hold fast to the rope of Allah”?

“Hold fast to the rope of Allah all together and do not be divided.”[1]

This is an excerpt from Madārij al-Sālikīn ‘Ranks of the Divine Seekers,’ by Ibn Qayyim al-Jawziyya and translated by Ovamir Anjum.[2]

The heart now arrives at the station of holding fast. It is of two types: holding on to God, and holding on to the rope of God. God says: “And hold on to the rope of God, all together, and be not divided” [3:103]; “And hold on to God, He is your protector—and what a good protector and what a good guarantor of victory” [22:78].

[The Arabic word for holding fast] al-iʿtiṣām is the iftiʿāl form of al-ʿiṣma, which is to hold on to what protects you and shields you from what is prohibited and feared. ʿIṣma is protection, and al-iʿtiṣām is to seek protection. This is why fortresses are called ʿawāṣim, since they guard and protect.

Success in this world and the Hereafter depends on adherence to God and to His rope. There is no salvation without these two. Holding fast to ‘His rope’ is to be saved from misguidance, and holding fast to Him is to be saved from utter ruin. A traveler towards God is like any traveler headed toward a destination: he needs directions for how to get there, as well as security and safety on the way—no one can reach his destination except by ensuring these two things. He needs a guide to save him from getting lost on the way and show the way, while he needs guards or arms to protect him against bandits and other dangers.

Holding on to the rope of God ensures for the seeker the right path and adherence to the proof, while holding on to God guarantees him strength, preparation, armament, and what he will need to be safe on the way.

This is why, after pointing to the meanings given above, the Predecessors interpret the phrase “rope of God” variously. Ibn ʿAbbās said: [it means] hold on to the religion of God. Ibn Masʿūd said,

[It means] the community. It is the rope of God that He has commanded to hold on to. What you may dislike about being part of the congregation and obedience is better than any benefit you may see in separation.

Mujāhid and ʿAṭā said, “The covenant with God,” while Qatāda and as-Suddī and many other exegetes say it is the Qurʾan.

Ibn Masʿūd, God be pleased with him, said, on the authority of the Prophet, God grant him blessing and peace, “This Qurʾan is the rope of God, it is the brilliant light, the salubrious healing, protection for whoever holds on to it, salvation for whoever follows it.”[3]

ʿAlī b. Abī Ṭālib, God be pleased with him, says on the authority of the Prophet, God grant him blessing and peace, concerning the Qurʾan, “It is God’s strong rope, and it is the wise remembrance, and it is the straight path, and it is the one with which desires cannot stray, it does not exhaust with repetition, tongues cannot muddle it, scholars cannot have enough of it.”[4]

Muqātil said, “[Hold on to God’s rope] through His command and obedience, and differ not like Jews and Christians differed.”

It is reported in the Muwaṭṭaʾ [of Mālik], on the authority of Suhayl b. Abī Ṣāliḥ, from his father, from Abū Hurayra may God be pleased with him, that the Messenger of God said:

Surely God loves for you three things: that you worship him and consider none equal to Him, that you hold on to the rope of God all together, and you give sincere advice to those whom God has given your affairs. God dislikes for you three things: gossip, wasting of wealth, and excessive questioning.[5]

The author of al-Manāzil said, “Holding on to the rope of God” means persevering in His obedience while vigilant of His command.

He means by “vigilant of His command” performing acts of obedience because it is God who commands and loves them, not merely out of habit nor any other reason but submission to His command. Accordingly, Ṭalq b. Habīb defined piety as,

Acting in obedience to God, upon light from God, seeking reward from God, and abandoning disobedience of God, upon light from God, fearing the punishment of God.[6]

This is the faith and anticipation that is alluded to in the words of the Prophet, God grant him blessing and peace, is his saying, “Whoever fasts Ramadan with faith and anticipation, and whoever stands [praying] the Night of Power with faith and anticipation, all his sins are forgiven.”[7]

Here, fasting and standing in prayer are acts of obedience, faith is obedience to the command, the sincerity of the motive is that [the motive] should be faith in the one who commands and nothing else; and anticipation means hoping for God’s reward. Thus, holding on to God’s rope protects from heretical innovation and other ailments that afflict acts of worship.

Notes


[1] Holy Qu’ran, Surah Al-i-Imran ayah 103

[2] Ibn Qayyim al-Jawziyya, Madārij al-Sālikīn ‘Ranks of the Divine Seekers,’ Vol.2, translated by Ovamir Anjum, Brill, 2020, p.58

[3] Recorded by Ibn Abī Shayba in al-Muṣannaf 10:482–483.

[4] Recorded by Ibn Abī Shayba in al-Muṣannaf #10056, weak in this form; Ibn Kathīr considers it sound as the words of ʿAlī.

[5] Muslim #1715

[6] Ḥilya 3:64

[7] Bukhārī #1901; Muslim #760

The Diwan al-Maẓālim (Court of Grievances) by Hashim Kamali

This is an excerpt from the book ‘Citizenship and Accountability of Government: An Islamic Perspective’ by Mohammad Hashim Kamali.

The maẓālim jurisdiction, which has already been discussed to some extent, originated in the notion that the principle of the rule of law can be compromised if the judges themselves, princes, ministers and powerful members of the community tried to circumvent the law, or violate and defy it for their selfish ends, in which case the Shari’ah courts may be powerless to bring them and their departments to book and enforce the court decisions on them. The need was therefore felt for the creation of a powerful jurisdiction that could apply more expedient procedures in the interest of accountability in government, especially with regard to disputes arising between the citizen and state. One of the basic objectives of the maẓālim jurisdiction was to subjugate the government itself to the rule of law and ensure that state organisations and men of authority and influence did not compromise the objectivity of justice and accountability in governance.

Al-Rifa’i has described the maẓālim as ‘a specialized jurisdiction that operates side by side, yet separately, from the regular judiciary in order to adjudicate disputes and grievances wherein one or both parties possesses influence and power that may arise from holding a government position or other sources of influence.’[1] According to Muhammad Salam Madkur, the maẓālim jurisdiction ‘is a judicial office that ranks above those of the qadi and the muhtasib and combines a degree of executive power with judicial authority in order to settle grievances brought before it by members of the public against government officials, governors and rulers, princes, army commanders and the judges themselves.[2]

The maẓālim jurisdiction dates back to the early Abbasid period. The head of the maẓālim court, known as wali al-maẓālim, was selected from among outstanding individuals of knowledge and piety who possessed the qualifications of a qadi at least. The phrase wiliyat al-maẓālim refers to the jurisdictional authority and powers of this organization, which was otherwise known as diwan al-maẓālim.[3] The sphere of authority and jurisdiction of wali al-maẓālim exceeded that of the qadi. The general sessions of the maẓālim court, which were held on certain appointed times, were attended by the disputing parties, deputies and assistants of the wali al-maẓālim, judges and government officials concerned with the case, the jurists (fuqaha’) who could be consulted on the occasion, clerks, and witnesses. The procedure did not always necessitate an adversarial process and witnesses did not have to testify for or against a litigant but more so in order to vindicate the truth.

Al-Mawardi and al-Farra have both listed about ten varieties of disputes, all of which fell under the maẓālim jurisdiction. Of these certain types of disputes, namely those which consisted of complaints against corruption and abuse of power by provincial governors, tax disputes and excesses of tax collectors, and abusive practices of record keepers in government departments. These disputes did not depend on a private claim because they were public rights issues and affected general interest (maslahah) of the community as a whole. Yet private individuals could also lodge a complaint against official abuse: in pecuniary and property-related matters such as pay disputes, usurpation (ghasb) of private property, disputes over private endowments (awqaf ahliyyah), grievances over delay in the enforcement of court decisions, public morality offences, offences against religion and acts that obstructed due performance of ibadat, as well as disputes arising between private parties, the maẓālim proceedings usually began with a claim or complaint by the aggrieved party.[4]

Basic authority for the establishment of wiliiyat al-maẓālim could be found in the Qur’an, and also the Sunnah of the Prophet, who is noted to have received complaints against officials, just as was the case under the Pious Caliphs after him, although no specific tribunal by this name existed at that time. Justice being the cardinal objective of Islam, the Qur’an is effusive in its condemnation of injustice and oppression (zulm) just as it is overtly supportive of efforts that fight oppression in the quest for Justice.[5] This can also be said of the Sunnah of the Prophet, who said, for example, in a renowned hadith:

“When the people see an oppressor committing acts of injustice and they fail to take him by the hand (and stop him), they will all share the same predicament as God has enacted for the oppressor.”[6]

The precedent of Companions, especially that of the caliph Umar b. al-Khattab is supportive of an uncompromising attitude that the Islamic government must take against official abuse wherein government employees violated the rights of the people. Numerous instances and cases of official malpractice wherein government officials were taken to task for their abusive practices were earlier discussed. The literature suggests, however, that fighting official abuse was seen as an integral part of the administration of justice, and no specialized jurisdiction had existed for this purpose in the early period of Islam.

The caliph Ali b. Abu Talib is noted for having entertained public grievances but he too did not assign a particular duty or venue for hearing cases. The Umayyad ruler, Abd al-Malik b. Marwan (d. 86/705), was the first to assign a day of the week for the purpose of receiving complaints in matters which the courts of justice found difficult to deal with. When the caliph Marwan could not be present, he assigned Ibn Idris ai-Awdi to sit for him. Later the caliph Umar b. Abd al-Aziz zealously followed that precedent. The Abbasid caliph al-Mahdi (780 CE), al-Hadi and Harun al-Rashid followed suit. AI-Muhtadi was the last to keep up the precedent and, towards the end of the second century hijrah, he established for the first time a jurisdiction known as diwan al-maẓālim. Viziers in the capital and governors in the provinces were occasionally authorised by the Caliph to sit in the Diwan al-Maẓālim.

In the latter part of the Abbasid period, the caliph’s authority to review the maẓālim grievances was exercised, in the outlying areas by the Sultan, whether or not the power had been delegated to him by the caliph. The maẓālim became an important organ of the Abbasid state at around mid-third/ninth century. It was according to al-Mawardi, an attempt to combine ‘the legal authority of the judge with the political authority of the ruler.’[7] It was essentially a judicial authority that was above that of the qadi and the muhtasib (officer in charge of hisbah) and could adjudicate in disputes by applying methods that the qadi could not apply due to the constraints of judicial procedure. The maẓālim was empowered to issue orders addressed either to the qadi or the muhtasib, but neither of the latter two could issue orders on the wali al-maẓālim. The qadi was also authorised to issue orders on the muhtasib but the latter did not possess judicial authority of the kind that would entitle him to issue binding orders.[8] The main functions of the maẓālim jurisdiction may be elaborated as follows:

(1) To look into issues and grievances at its own initiative without there being a litigant to start a case. Powers of this type, which were not available to the regular judiciary, were effectively used to monitor oppressive conduct of governors, tax collectors and state officials. In the case of unwarranted levying of tax, extortion and usurpation of property by state officials, the maẓālim had powers to issue orders for their return to their lawful owners and take appropriate measures against the officials concerned.

(2) General inspection of official records and works of secretaries in charge of documentation.

(3) Grievances that could not be effectively addressed by the qadi or the muhtasib, or where decisions made by the latter had failed to be implemented.

(4) To monitor profiteering and monopolistic activities by wealthy individuals who could distort the food supplies or prices in the market place.  The regular judiciary was not best suited to direct supervision of this kinds and due to procedural requirements could not take swift measures to counteract transgression and abuse at the time when they actually took place.[9]

(5) Supervision of religious endowments (awqaf), both public and private, to ensure that they operated in accordance with the state objectives of the waqf.

Al-Mawardi has recorded the following illustrations of cases that fell within the ambit of maẓālim jurisdiction, even before the establishment of a separate jurisdiction by this name:

It is reported that a man from the Yemen approached the Caliph Umar b. Abd al-Aziz with a complaint against Walid b Abd al-Malik, the previous caliph (d 86/705), that the latter had usurped his landed estate. The caliph heard the grievance and asked the registrar of land to check the register of the safi (chosen) landed estates, and it turned out that the land in question was taken by the then caliph Walid b Abd al-Malik. Umar b. Abd al-Aziz consequently instructed the registrar to strike the name of the previous caliph and transfer the land to its owner and also to compensate the owner for expenses he had incurred as a result.[10]

In another case, it is reported that the Abbasid caliph al-Ma’mun (d. 198/813) had assigned Sundays for the maẓālim disputes, which he received himself. On one such occasion, a woman wearing shabby clothes approached him with a grievance. She began praising the caliph for his attention to the weak and the oppressed. The caliph turned to her and said (the exchange seems to have occurred in the form of a poignant poetical expression by the plaintiff and the caliph both-as Mawardi’s record indicates) that it was time for prayer and asked her to return on the following Sunday. She did, and the caliph asked her if she had an opponent. To this the woman responded that indeed she had and it was the caliph’s son, Al-Abbas b. Amir al-Mu’minin. The caliph then instructed his qadi, Yahya b. Aktham and his minister, Ahmad b. Abi Khalid, to look into the case. Then a meeting followed in which the caliph himself and the plaintiff were present and the latter expressed herself forcefully that the prince al-Abbas had wrongfully usurped her property. The caliph listened but did not adjudicate in the matter, as his own son was a party to the dispute. As to the suggestion by a courtier that the plaintiff should lower her tone of voice, the caliph said, ‘Let her speak. The strength of her voice may be due to the truth of her grievance.’ The caliph then issued an order that her property be returned to her.

The fact that the caliph handed over the case initially to his judge and minister was due to the involvement of his son. He knew that he could not adjudicate in favour of his son but that it was permissible· for him to adjudicate against him. This being the case, as Mawardi explained, the caliph issued the final judgment himself.[11]

Recourse to the maẓālim jurisdiction in both of these cases was evidently due to the involvement of powerful figures that could evade enforcement of judgment by the regular judiciary. The case that follows below presented somewhat of a different situation, which is that the case was actually extra-judicial and as such did not formerly fall within the jurisdiction of regular courts.

It is reported that a woman came to the caliph Umar b. al Khattab and addressed him: ‘O Commander of the Faithful! My husband fasts during the day and prays during the night, and I hate to complain to him as he engages himself in worshipping God Most High.’ The caliph’s response to this was simply to say: ‘What a good husband you have-ni’mah al-zawju zawjak!’ The woman repeated her case and the caliph also gave the same response until Ka’b b. Sur al-Asadi told the caliph that this woman had a grievance against her husband for neglecting her in regard to his marital obligations. The caliph then assigned Ka’b b. Sur al-Asadi to adjudicate over the case on the basis of his own understanding of it. Ka’b then summoned the husband and informed him of his wife’s complaint. The husband is reported to have said: ‘Was it concerning food and maintenance?’ The judge heard the parties and then addressed the husband: ‘God Most High has permitted you to marry up to four wives simultaneously. So you may have three nights in which you worship your Lord and the fourth night for you to share with your wife.’ Having heard of this, the caliph Umar was pleased and praised Ka’b’s understanding of the case and his judgment. Ka’b was subsequently appointed as qadi of Basra.[12]

Mawardi commented that the judgment in this case was basically over a matter that did not necessarily call for a judicial decision, and the judgment that was in fact issued was in the nature of a permissible· rather than imperative ruling (hukman bi’l-ja’iz din al-wajib). For division of time (qasm) is not applicable in a monogamous marriage, but the judge premised his decision on it nevertheless.[13]

The maẓālim jurisdiction acquired prestige and prominence during the second phase of the Abbasid rule around the early third/ninth century. Leading officials paid greater attention to petitions, and complaints from the people and exercised greater self-restraint in handling their rights and properties.[14]

In modern times, it seems that adoption of the principle of separation of powers in most of the constitutions that Muslim countries have promulgated favour the establishment of a powerful judiciary that operates independently from the other organs of state. This has effectively placed the Supreme Court at the helm of the judiciary, and all other tribunals are consequently made subservient to the supervising authority of the Supreme Court. The Supreme Court thus to all intents and purposes acquired the powers that were exercised by the maẓālim jurisdiction in earlier times. This should not mean, however, that there is no room for a maẓālim tribunal to ensure and enhance accountability in government. There are constitutions and laws as we know, but it would appear that most Muslim countries have fallen short on accountability and the principle of government under the rule of law. A powerful maẓālim jurisdiction with a clear constitutional mandate and role to promote accountability would therefore be advisable even if it were accountable to the Supreme Court. A basic line of jurisdictional division between the regular judiciary and the maẓālim may be drawn when the latter is envisaged as an administrative tribunal that is concerned primarily with official abuse and disputes brought by the people against the government. They would leave the regular judiciary in charge mainly of disputes among people wherein the government itself is not a party to the litigation.

The only maẓālim jurisdiction, or Diwan al-Maẓālim, that currently operates is in Saudi Arabia where it functions concurrently with the Shari’ah judicial system but in effect supersedes it. The Saudi Diwan al-Maẓālim is not required to decide in accordance with the Shari’ah; its procedure is simple, and its judges include lawyers with a modern background, factors which ensure flexibility of the kind that is not available in the Shari’ah court procedures of Saudi Arabia.[15] In many of the contemporary states of the Middle East the functions of Diwan al-Maẓālim have on the other hand been wholly or partially assumed by various other agencies such as the Majlis al-Dawlah (state council) in Egypt, Majlis Shura al-Dawlah in Syria and Lebanon, and Mahkamat al-Qada’ al-Idari in Iraq. Syria and Lebanon had in fact followed the Ottoman model where it used to be called Shura-e-Devlat (and occasionally as Shura). Only in Saudi Arabia the organisation continues to be known by its original nomenclature as Diwan al-Maẓālim.[16]

Diwan al-Maẓālim in Saudi Arabia operates as an administrative jurisdiction side by side with the Shari’ah Courts which are courts of general jurisdiction in that country, both enjoying independent status in their respective spheres. Under the royal decree of 1373/1954, the head of Diwan al-Maẓālim who holds a ministerial rank is directly accountable to the King with a measure of supervision by the Cabinet. Under the royal decree of September 1974, Diwan al-Maẓālim was made independent of the Cabinet and has retained that status ever since. This decree also specified the basic procedure of Diwan al-Maẓālim in respect of complaints that it receives over official abuse of power. Within two weeks of receiving a complaint the Head (Ra’is) of Diwan al-Maẓālim submits a report on the case to the King and a copy to the Prime Minister.[17]

Several other decrees were issued since on the regulatory and procedural aspects of Diwan al-Maẓālim but a measure of uncertainty remained concerning its independent status as the highest administrative court in the land. This was eventually determined under the royal decree (no. 2918) of 1402/1983 which ensured its independence from the ubiquitous jurisdiction of the Shari’ah Courts. The head or Diwan al-Maẓālim who is appointed by the King has powers to issue orders directed to government departments and he alone is the point of reference regarding the employees of Diwan al-Maẓālim and the determination of its regulatory procedures.

The head of Diwan al-Maẓālim is assisted by a number of deputies, an administrative affairs committee, an advisory committee, an enquiry board, a disciplinary committee and a general council. Under the 1982 regulations the professional cadre of Diwan al-Maẓālim has been granted total security of office and its members cannot be deposed or dismissed, after confirmation into office, at any time during the entire length of their service.[18] Should there be a legitimate case of disability or abuse of power, the member concerned may be recommended by the Administrative Committee for early retirement to the King. Persons who fail on three consecutive occasions to achieve promotion to the next rank may likewise be subjected to the same procedure.

Being an administrative court, the Diwan al-Maẓālim in Saudi Arabia acts only in cases where the state is a party to the dispute and claims that involve abuse of power against individuals. The Saudi system bears much similarity in this regard to the French administrative court. The Diwan al-Maẓālim has no powers to act as an appeal jurisdiction against the decision of the Shari’ah Courts, just as it has no powers to hear complaints in cases relating to the exercise the sovereign power of the state. Cases of this nature also fall beyond the jurisdiction of the Shari’ah Courts. The Diwan al-Maẓālim may however, entertain cases referred to it by the Cabinet in the sphere, for example, of private international law that may involve judicial decision of a foreign court that is considered enforceable in Saudi Arabia.[19]

Notes


[1] Al-Rifa’i, al-Qada’ al-Idari, 85

[2] Muhammad Salam Madkur, al-Qada’ fi’l-Islam, I, 141-also quoted in Bayati, al-Nizam al-Siyasi, 286

[3] Unlike other courts which were usually called mahkamah, this was designated as a diwan, which literally signifies a prominent organisation of office.

[4] Mawardi, al-Ahkam al-Sultaniyyah, 81; Abu Ya’la al-Farra, al-Ahkam al-Sultaniyyah, 77

[5] Cf. Quran, 7:44;3:182;16:118, and 21:47

[6] Abu Dawud and At-Tirmidhi, https://sunnah.com/riyadussalihin:197

[7] Al-Mawardi, al-Ahkam, 77-80; al-Qarafi, al-Ihkam, 167; Hasan Ibrahim Hasan, al-Nuzum al-Islamiyyah, 295; al-Sayed, Social Ethics of Islam, 157; Hitti, History of the Arabs, 10th edn., 322; Ja’far, Wiliyat al-Mazalim, 19f; badawi, Ikhtisasat, 545

[8] Mawardi, Ahkam, 243

[9] For fuller detail, of the functions of diwan al-mazalim see al-Tamawi al-Sultat al-Thalath, 320ff; al-‘Ili, Hurriyyat, 630ff; al-Sayed, Social Ethics of Islam, 156′ Ja’far, Wiliyat al-Mazalim, 23f

[10] Mawardi, Ahkam, 82

[11] Id., 84-85

[12] Id., 92

[13] Id., 93

[14] Ja’far, Wiliyat al-Mazalim, 22

[15] Layish, ‘Saudi Arabian Legal Reform,’ The American Journal of Oriental Studies, 1987, 290; al-Sayed, Social Ethics, 156

[16] Cf. al-Rifa’i, al-Qada’ al-Idari, 87

[17] Cf. Ja’far, Wiliyat al-Mazalim, 57f

[18] Id., 84

[19] Id., 100; Sata, al-Usul al-Islamiyyah li’l-Qanun al-Idari, 190

The Jurisdiction of the Mazalim Court

  1. Introduction
  2. The Courtroom
  3. The Mazalim Court’s 10 areas of Jurisdiction
    1. Any abuse of power by the rulers towards their citizens
    2. Extortions made by agent-collectors when collecting taxes
    3. Registration of the diwan-officials
    4. Claims of deficiency, delay or negligence towards those receiving benefits.
    5. Restitution of things seized by force
    6. Surveillance of the Waqf-institutions
    7. Requirement for a higher and more powerful court to pass judgement
    8. Requirement for a powerful court to prevent acts which the muhtasib (inspectors) are unable to
    9. Public acts of worship are respected
    10. Arbitration between two disputing parties and judgement between two litigants

Introduction

The Caliphate has an independent supreme court called the Court of Unjust Acts (Mahkamat ul-Mazalim) also known as the Diwan al-Maẓālim. It is presided over by the most eminent and qualified judges in the state and granted extensive judicial powers and some executive powers by the shari’a. It has the power to investigate any official in the state regardless of their role or rank including the Caliph himself. If the only way to remove the mazlama (injustice or wrongdoing) is through removal of the official or ruler, then the Mazalim Court can issue a fatwa of impeachment against that officer of the state.

What follows is an excerpt from Abu l-Hasan al-Mawardi’s famous work Al-Ahkam as-Sultaniyah (The Laws of Islamic Governance), which became the de facto guide on how to run an Islamic government and was referred to by the ulema and rulers of the Abbasid caliphate, Sejjuk Sultanate and future sultanates and emirates including the Ottoman Caliphate.

The Courtroom

Al-Mawardi says, “When the person charged with investigating cases of wrongdoing (Mazalim judge) takes up office, he should appoint a specific day on which he can investigate the claims of the litigants so that he may devote the remaining days to his responsibility for administration and organisation – except if he is one of the officers responsible solely for incidents of wrongdoing, in which case he is charged with investigation every day. He should be of pleasant demeanour and have good companions. The courtroom where his investigations are carried out should be composed of five categories of personnel: they indispensable for without them the investigations cannot proceed:

1- Guards and Officers, to bring the powerful before him, and to put the audacious in their place

2- Qadis and Judges, so that he may make enquiries as to the rights and claims established by them, and so that he may know what happens between litigants at their tribunals

3- Fuqaha (jurists), so that he may have recourse to them in difficult cases, and may ask them about doubtful or problematic points

4- Scribes, in order that they may record what happens between litigants, and what rights or claims against them are decided upon

5- Witnesses, so that they may attest to any right he recognises, or any judgement he orders to be carried out.”

If the court investigating wrongdoing is composed of all of these five above-mentioned categories, the person responsible may begin to carry out his investigations.”[1]

The Mazalim Court’s 10 areas of Jurisdiction

  1. Any abuse of power by the rulers towards their citizens
  2. Extortions made by agent-collectors when collecting taxes
  3. Registration of the diwan-officials[2]
  4. Claims of deficiency, delay or negligence towards those receiving benefits. 
  5. Restitution of things seized by force
  6. Surveillance of the Waqf-institutions[3]
  7. Requirement for a higher and more powerful court to pass judgement[4]
  8. Requirement for a powerful court to prevent acts which the muhtasib (inspectors) are unable to
  9. Public acts of worship are respected
  10. Arbitration between two disputing parties and judgement between two litigants[5]

Al-Mawardi says, “There are ten areas covered by his investigation into wrongdoing:

1- Any abuse of power by the rulers towards their citizens

He investigates any abuse of power by rulers towards their subjects, and brings them to account for the injustice of their actions; this is a necessary part of investigation and is not dependent upon a petition from a plaintiff.

Thus he examines the behaviour of governors and enquires after their state in order to strengthen their case if they are equitable, to restrain them if they go beyond the limits, and to replace them if they are unjust. It is reported that ‘Umar ibn Abd al-‘Aziz gave a khutbah, which was his first, to the people at the beginning of his khilafah, in which he said, “I recommend to you that you have taqwa of Allah, as He does not accept other than this and does not make welcome other than its people. There are certain governors who do not give what is true and right, its due such that justice may be bought from them, and they spread falsehoods about them in order that ransoms be given to them. By Allah, if I had not revived a sunnah which had died, or caused to die a false practice which had come into being, I would not have cared to live for a moment. When you put your hereafter in order, your dunya will be in order. A man who is separated from Adam by nothing but death, is already submerged in death.”

2- Extortions made by agent-collectors when collecting taxes

Extortions made by agent-collectors when exacting the taxes on wealth and property – in this case he should have recourse to the laws of justice contained in the diwans (treasury registers) of the imams: he should ensure that the people are treated accordingly, that the agents apply the directives accordingly, and that they investigate any overestimations – if these amounts have been paid to the treasury, they should be returned, and if the agents themselves have taken them, he makes them return the money to their owners.

It is recounted that one day, while al-Muhtadi[6] was holding an audience for the repression of abuses, various petitions regarding the coins known as Khusroes were made to him; when he enquired about them, Sulayman ibn Wahb replied: ‘Umar ibn al-Khattab (ra) had imposed on the inhabitants of as-Sawad[7], and of the areas around it to the east and west which he had conquered, payment by instalments of the kharaj tax in silver and gold; the dirhams and the dinars were minted with the weight of Khusroes and of Caesar[8], and the people of these regions would pay the money they had, according to the number required, without considering the disparity in weight between the various coins.

Then the people became corrupt[9] and those who had to pay the kharaj would give Tabari coins[10], which were four daniq, and would keep the wafi[11] money of full weight, which had the weight of a mithqal[12]. When Ziyad became governor of Iraq, he exacted payment in wafis and imposed payment in Khusroes.

The agents of the Bani Umayyah continued the practice until ‘Abd al-Malik began his rule. The latter examined the difference between the two weights, and assessed the weight of the dirham at five and a half mithqals, leaving the mithqal as it was.

Later, al-Hajjaj began to demand payment in Khusroes, something which was annulled by ‘Umar ibn ‘Abd al-‘Aziz but which was reinstated by those after him, until the time of al-Mansur.

When, however, as-Sawad was destroyed, al-Mansur[13] put an end to payment in silver of the kharaj due on the wheat and the barley, and transformed it into a proportional tax in kind. These two grains are the most common in as-Sawad, and he left the few other grain-crops, dates and fruit-trees to be assessed in accordance with the kharaj, which is still now exacted in Khusroes and provisions.’

Al-Muhtadi then said, “May Allah guard me from imposing an unjust measure on the people, be it from long ago or the recent past – relieve the people of it!”

Hasan ibn Makhlad said that this abolishment of the Amir al-Mumineen’s represented an annual loss of 12 million dirhams to the treasury. Al-Muhtadi replied that he, “would establish what was right and remove an injustice, even if it were to the detriment of the treasury.”

3- Registration of the diwan-officials

Registration of the diwan-officials (kuttab), since they occupy positions of trust: in this way the wealth of the Muslims may be correctly administered, both in its collection and in its distribution. Thus he has to investigate the nature of what has been entrusted to them, and if there is any excess or deficiency with respect to any incoming or outgoing funds, then he applies the corresponding laws and takes the necessary measures regarding all irregularities.

It is narrated that al-Mansur, may Allah be pleased with him, on learning that a group of his scribes (kuttab) had made falsifications and alterations in the di wan ordered them to be brought before him and punished; one of them uttered the following lines as he was being whipped:

O Amir of the Believers! may Allah prolong your life in prosperity and power. We seek protection in your forgiveness, for if you grant us protection, it is by virtue of your being able to afford safety to the whole world. As for us, we are merely scribes who have made mistakes so forgive us for the sake of the noble recording angels.

Thereupon he commanded them to be released, and he bestowed gifts on the young man and treated him in a most generous way, as he had manifested his sense of trust and shown his nobility.

For these three types of abuse, it is not necessary for the one investigating to wait for someone to lodge a complaint.

4- Claims of deficiency, delay or negligence towards those receiving benefits.

Claims of deficiency, delay or negligence towards those receiving provision. In these cases, he should refer back to his diwan in order to establish the obligation and justice of any payment, and to see whether it continues to be paid to them; he should examine if officials have made short-payments in the past or have prevented payment: if the officials in charge have taken the funds, he should recover the sum from them, if not, he meets the loss from the treasury.

One of the army commanders wrote to al-Ma’mun[14], saying that the army had mutinied and engaged in pillage; the latter wrote to him saying “If you had been just they would not have mutinied, and if you had given them their full due, they would not have pillaged;” he then relieved him of the command and awarded them the provisions owing them.

5- Restitution of things seized by force

Restitution of things seized by force; these may be divided into two types:

A. The first of these are those seized by the authorities, that is those taken by unjust governors, such as property taken from its owner either out of greed or out of hostility towards its owner. As soon as the person responsible for putting a stop to abuses comes to learn of this during his investigation, he should order its restitution without waiting for anyone to lodge a complaint with him. If, however, he does not learn of anything in his investigation, his taking action is dependent on the owner lodging a complaint. In the case of a claim, he may consult the diwan in question: if he finds that mention is made of a property which has been seized from its owner, he acts accordingly and orders its restitution without needing any (further) proof in the matter; his finding mention of it in the diwan being sufficient.

Thus it is related that ‘Umar ibn ‘Abd al-‘Aziz, may Allah have mercy on him, went out one day to the prayer and found himself confronted by a man who had journeyed from the Yemen to make a claim and who recited the following:

You have called a confused person to your door who has suffered an injustice and who has come to you from a far-off country.

The Khaleefah asked him: “What is your complaint?” He replied: “al-Walid ibn ‘Abd al-Malik has taken my lands from me.” The Khaleefah then said: “Muzahim! Give me the register of confiscated lands whose title is still being settled.” He then found the following: “Abdallah al-Walid ibn ‘Abd al-Malik has confiscated the lands of such and such a person.” He then said: “Delete this from the register and record that his land has been restored to him, and that double the amount which he draws from it be given to the claimant.”

B. The second kind of property seized by force is that taken by powerful individuals and who dispose of it with violence and coercion, as if they were the owners. Its restitution is dependent on a complaint on behalf of their true owners, but they may only be recovered from those who have seized them in one of four circumstances:

i. either by way of an admission and confirmation by the one who took it;

ii. on the basis of information possessed by the person responsible for setting right the abuse, in which case he may give judgement in accordance with what he knows;

iii. by means of witnesses who testify to the improper seizure or to the victim’s right to ownership;

iv. the corroboration of accounts, which exclude all possibility of collusion by the witnesses: as witnesses may testily to the ownership of goods, the person responsible for setting aright the abuse, has all the more cause to base his judgement on a concordance of statements.

6- Surveillance of the Waqf-institutions

The surveillance of Waqf-institutions. They are either of a general or of a particular kind:

A. As for the general, he should begin by examining these waqfs even if there has been no complaint against them – in order that he might have them run in the manner appropriate to them, and so that they are administered in accordance with the conditions stipulated by the waqf-donors. This, however, he may only do if he knows of them from one of three sources:

i. from the diwan-registers of the authorities responsible for the enforcing of judgements;

ii. from the diwans of the Sultan which contain descriptions of standard practices or mention of such institutions by name;

iii. from ancient manuscripts on the subject which appear to be correct, even if there is no mention of witnesses – lack of litigation concerning these waqf would mean that there was no need for witnesses. The scope of such decision-making is thus larger than in the waqf-cases of a particular kind.

B. As for waqfs of a particular kind, his inspection of them is dependent upon receipt of a complaint from interested parties who have differences of opinion – given that these waqfs have been set up for the benefit of specific parties. In the case of a dispute, he should proceed according to the law before a judge in any establishment of rights; he may not have recourse to the diwan of the Sultan, nor to any proof afforded by ancient manuscripts lacking any attestation by just witnesses.

7- Requirement for a higher and more powerful court to pass judgement

The execution of those judgements which qadis (judges) have suspended because of their own weakness and incapacity in applying them to the party against whom judgement has been made – because of the latter’s strength and power, or because of the superiority of his position and standing.

As the person responsible for redressing the abuse (Qadi Mazalim) is stronger and more capable of executing an order, he should carry out the judgement against the person in question either by taking away what he possesses, or by coercing him into giving up what he owes.

8- Requirement for a powerful court to prevent acts which the muhtasib (inspectors) are unable to

The inspection of whatever the muhtasib-inspectors have been unable to undertake in matters of public good: thus concerning the open practice of something illicit which they are too weak to prevent, transgressions committed on public highways which they cannot stop, or violation of rights which they do not have the means to put an end to, he applies Allah’s judgement, may He be exalted, to them, and orders that they be forced to respect this judgement.

9- Public acts of worship are respected

He sees that the public acts of worship are respected, like the jumu’ah prayer, the ‘Eids, the Hajj, and the jihad, and that there is no deficiency or omission regarding any aspect of them, for the rights and obligations of Allah, may He be exalted, have priority concerning their fulfilment and execution.

10- Arbitration between two disputing parties and judgement between two litigants

Arbitration between two disputing parties and judgement between two litigants, although he is not to depart from the demands of the law and its consequences in his investigation, and he may not pronounce judgement between them by other than that by which judges and qadis judge. Many a time judgement in cases of abuse causes ambiguity for those responsible for their investigation, and so they in turn transgress in their judgements and go beyond the appropriate limits.”[15]

Notes


[1] Abu l-Hasan al-Mawardi, The Laws of Islamic Governance, translation of Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.120

[2] In modern times these would be senior officials and heads working in government departments

[3] Assets that are donated, bequeathed, or purchased for being held in perpetual trust for general or specific charitable causes that are socially beneficial

[4] This would include appeals from lower courts

[5] This would be restricted to disputes related to government

[6] The Abbasid Caliph who ruled 869-870 CE

[7] Arable lands of Iraq

[8] The Islamic State minted silver dinars according to the weight of the Persians (Khusroes), and minted gold dinars according to the weight of the Byzantines (Caesar). The Messenger of Allah ﷺ said: “The weight is the weight of the people of Makkah, and the measure is the measure of the people of Madinah.” [Sunan an-Nasa’i 4594, https://sunnah.com/nasai:4594] Al-Baladhri narrated from Abdullah bin Th’alaba bin Sa’eer who said: “Heraclian Dinars came to the people of Makkah in Jahiliyyah as came Dirhams of al-Furs al-Bughliyya (Persians), and when they traded with them they considered them only as ore.”

[9] Put simply the governors were over-taxing the farmers in Iraq by demanding payment in large silver dirhams (wafi) as opposed to the Islamic (Khusroes) silver dirham which weighed less, so they would receive more silver than they should have.

[10] The Tabari Silver Dirham is ascribed to Tabaristan where it was minted. It weighed 4 Daniqs. The Islamic silver dirham (Khusroes) weighs 6 Daniqs

[11] The Wafi (Kasravi) dirham and weighed 8 daniqs so was of a higher value than the Islamic dirham which is referred to here as Khusroes dirham.

[12] A silver mithqal is equivalent to 8 daniqs

[13] Second Abbasid Caliph who ruled 754-775 CE

[14] The seventh Abbasid Caliph who rule 813-833 CE

[15] al-Mawardi, Op.cit., p.121

The prohibition of torture, coercion and intimidation in Islam

  1. Your blood, your wealth, your honor and your bodies are sacred
  2. Beware of suspicion and do not spy
  3. All things of a Muslim are inviolable to another Muslim, his blood, his wealth, and his honour
  4. Allah punishes those who torture people in this world
  5. Do not beat Muslims
  6. Do not beat slaves
  7. Do not strike and mark the face
  8. Do not punish the creation of Allah Almighty!
  9. Whoever beats someone (unjustly) will be punished on the Day of Resurrection
  10. It is not permissible for a Muslim to frighten another Muslim

This article is based on an excerpt from the book مُحاسَبَة الحُكّام ‘Accounting the Rulers’ by Prof. Dr. Muhammad bin Abdullah Al-Masari.[1]

Sheikh Al-Massari says, “This chapter contains a collection of blessed authentic hadiths that strictly prohibit torture, beatings, slapping the face, and even mere intimidation. These hadiths establish conclusive evidence against the injustice of the current rulers who continue to torture, oppress and harass their people.

We will present each narration in turn without discussing their authenticity at length, as the scholars have already undertaken this great task. Most of the hadiths were compiled by Al-Bukhari in “Al-Jami’ Al-Sahih Al-Mukhtasar” or in “Al-Adab Al-Mufrad”, and Al-Albani judged them to be authentic (saheeh) and good (hasan) in his book Sahih Al-Adab Al-Mufrad by Imam Al-Bukhari.”

Contents

  1. Your blood, your wealth, your honour, and your bodies are sacred
  2. Beware of suspicion and do not spy
  3. All things of a Muslim are inviolable to another Muslim: his blood, his wealth, and his honor
  4. Allah punishes those who torture people in this world
  5. Do not beat Muslims
  6. Do not beat slaves
  7. Do not strike and mark the face
  8. Do not punish the creation of Allah Almighty!
  9. Whoever beats someone (unjustly), retaliation will be punished on the Day of Resurrection
  10. It is not permissible for a Muslim to frighten another Muslim

Your blood, your wealth, your honor and your bodies are sacred

عَنْ أَبِي بَكْرَةَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم خَطَبَ النَّاسَ فَقَالَ ‏”‏ أَلاَ تَدْرُونَ أَىُّ يَوْمٍ هَذَا ‏”‏‏.‏ قَالُوا اللَّهُ وَرَسُولُهُ أَعْلَمُ‏.‏ قَالَ حَتَّى ظَنَنَّا أَنَّهُ سَيُسَمِّيهِ بِغَيْرِ اسْمِهِ‏.‏ فَقَالَ ‏”‏ أَلَيْسَ بِيَوْمِ النَّحْرِ ‏”‏‏.‏ قُلْنَا بَلَى يَا رَسُولَ اللَّهِ‏.‏ قَالَ ‏”‏ أَىُّ بَلَدٍ، هَذَا أَلَيْسَتْ بِالْبَلْدَةِ ‏”‏‏.‏ قُلْنَا بَلَى يَا رَسُولَ اللَّهِ‏.‏ قَالَ ‏”‏ فَإِنَّ دِمَاءَكُمْ، وَأَمْوَالَكُمْ، وَأَعْرَاضَكُمْ، وَأَبْشَارَكُمْ عَلَيْكُمْ حَرَامٌ، كَحُرْمَةِ يَوْمِكُمْ هَذَا، فِي شَهْرِكُمْ هَذَا، فِي بَلَدِكُمْ هَذَا، أَلاَ هَلْ بَلَّغْتُ ‏”‏‏.‏ قُلْنَا نَعَمْ‏.‏ قَالَ ‏”‏ اللَّهُمَّ اشْهَدْ، فَلْيُبَلِّغِ الشَّاهِدُ الْغَائِبَ، فَإِنَّهُ رُبَّ مُبَلِّغٍ يُبَلِّغُهُ مَنْ هُوَ أَوْعَى لَهُ فَكَانَ كَذَلِكَ ـ قَالَ ـ لاَ تَرْجِعُوا بَعْدِي كُفَّارًا يَضْرِبُ بَعْضُكُمْ رِقَابَ بَعْضٍ

The Messenger of Allah ﷺ addressed the people and said, “Do you not know what day this is?” They said, “Allah and His Messenger know best.” We thought that he might give the day another name. He said, “Is it not the Day of Sacrifice (eid)?” We said, “Yes, O Messenger of Allah.” He said, “What town is this? Isn’t it the sacred town of Makkah?” We said, “Yes, O Messenger of Allah.” He said, “Your blood, your wealth, your honor and your bodies are as sacred to you as this day of yours, in this month of yours, in this town of yours. Have I not conveyed the message?!” We said: “Yes!” He said: “O Allah, bear witness: let the witness inform the absent person, for there is a possibility that someone who is more aware of him will inform him.” The narrator added, and it was like that. The Prophet ﷺ then said: “Do not return to being disbelievers after me by striking the necks of one another.”[2]

Beware of suspicion and do not spy

The Prophet ﷺ said,

إِيَّاكُمْ وَالظَّنَّ، فَإِنَّ الظَّنَّ أَكْذَبُ الْحَدِيثِ، وَلاَ تَحَسَّسُوا، وَلاَ تَجَسَّسُوا، وَلاَ تَحَاسَدُوا، وَلاَ تَدَابَرُوا، وَلاَ تَبَاغَضُوا، وَكُونُوا عِبَادَ اللَّهِ إِخْوَانًا

“Beware of suspicion, for suspicion is the worst of false tales; and do not look for others’ faults and do not spy, and do not be jealous of one another, and do not desert (cut your relations with) one another, and do not hate one another; and O Allah’s worshipers! Be brothers[3]!”[4]

Umar ibn al-Khattab used to personally conduct the night patrols of Madinah himself, even though he was the head of state (khaleefah). Abdur Rahman ibn Awf narrated that he would patrol the city at night with Umar ibn al-Khattab, may Allah be pleased with him, and on one occasion they were walking when the lamp of a household caught their attention. They approached it until they heard loud voices inside the door. Umar grabbed the hand of Abdur Rahman and he said, “Do you know whose house this is?” He said, “no.” Umar said, “This is the house of Rabi’ah ibn Umayyah ibn Khalaf, and they are inside drinking wine right now! What do you think?” Abdur Rahman said, “Indeed, I think we have done what Allah has prohibited for us. Allah Almighty said, وَلَا تَجَسَّسُوا ‘Do not spy,’[5] and we have spied on them.” Umar turned away and he left them alone.[6]

All things of a Muslim are inviolable to another Muslim, his blood, his wealth, and his honour

The Messenger of Allah ﷺ said:

لاَ تَحَاسَدُوا وَلاَ تَنَاجَشُوا وَلاَ تَبَاغَضُوا وَلاَ تَدَابَرُوا وَلاَ يَبِعْ بَعْضُكُمْ عَلَى بَيْعِ بَعْضٍ وَكُونُوا عِبَادَ اللَّهِ إِخْوَانًا ‏.‏ الْمُسْلِمُ أَخُو الْمُسْلِمِ لاَ يَظْلِمُهُ وَلاَ يَخْذُلُهُ وَلاَ يَحْقِرُهُ ‏.‏ التَّقْوَى هَا هُنَا ‏‏ ‏.‏ وَيُشِيرُ إِلَى صَدْرِهِ ثَلاَثَ مَرَّاتٍ‏ بِحَسْبِ امْرِئٍ مِنَ الشَّرِّ أَنْ يَحْقِرَ أَخَاهُ الْمُسْلِمَ كُلُّ الْمُسْلِمِ عَلَى الْمُسْلِمِ حَرَامٌ دَمُهُ وَمَالُهُ وَعِرْضُهُ

“Don’t nurse a grudge, and don’t bid him out for raising the price, and don’t nurse aversion or enmity, and don’t enter into a transaction when the others have entered into that transaction, and be as fellow-brothers and servants of Allah.

A Muslim is the brother of a Muslim. He neither oppresses him nor humiliates him nor looks down upon him. The piety is here, (and while saying so) he pointed towards his chest thrice. It is a serious evil for a Muslim that he should look down upon his brother Muslim.

All things of a Muslim are inviolable for his brother in faith: his blood, his wealth and his honour.”[7]

Allah punishes those who torture people in this world

Hisham narrated that his father Hisham bin Hakim came upon some Nabataeans in Syria, who had been made to stand in the sun with olive-oil poured over their heads. On asking what the meaning of this was, and being told that they were suffering punishment concerning the kharaj (land-tax), he said: But I heard the Messenger of Allah ﷺ say:

إِنَّ اللَّهَ يُعَذِّبُ الَّذِينَ يُعَذِّبُونَ النَّاسَ فِي الدُّنْيَا

“Allah punishes those who torture people in this world.”[8]

Abu Luqman Fathullah comments on this hadith:

“a. Imam Nawawi mentioned that this is narrated in respect to the harming of people without right, such as torture, and is not meant generally such as the implementation of qisaas (retaliation) and Hudood (prescribed punishments) and so on.

b. It is prohibited in all the schools of thought to torture people on the basis of suspicion for the sake of information, and the attribution of such an opinion to Imam Malik is a false one and the details can be found in the relevant books which include detailed discussions regarding maslaha (benefit). Rather when suspicious of someone they should be left until clear evidence is provided.

c. However, the ruler is permitted to jail someone for a limited period of time, but this is only for a chance to investigate the accusations brought against them and should not be used to put pressure upon them or keep them held indefinitely, in accordance with the sound narration found in Tirmidhi that the Prophet ﷺ jailed someone for a day due to an accusation, and then freed him.

d. There is no difference in the hadith regarding whether the torturer is a disbeliever or not, the words used are general and so fall upon anyone who carries out torture whatever their personal belief.”[9]

Do not beat Muslims

قَالَ‏:‏ أَقْبَلَ النَّبِيُّ صلى الله عليه وسلم مَعَهُ غُلامَانِ، فَوَهَبَ أَحَدُهُمَا لِعَلِيٍّ صَلَوَاتُ اللهِ عَلَيْهِ، وَقَالَ‏:‏ لاَ تَضْرِبْهُ، فَإِنِّي نُهِيتُ عَنْ ضَرْبِ أَهْلِ الصَّلاَةِ، وَإِنِّي رَأَيْتُهُ يُصَلِّي مُنْذُ أَقْبَلْنَا، وَأَعْطَى أَبَا ذَرٍّ غُلاَمًا، وَقَالَ‏:‏ اسْتَوْصِ بِهِ مَعْرُوفًا فَأَعْتَقَهُ، فَقَالَ‏:‏ مَا فَعَلَ‏؟‏ قَالَ‏:‏ أَمَرْتَنِي أَنْ أَسْتَوْصِي بِهِ خَيْرًا فَأَعْتَقْتُهُ‏.‏

Abu Umama said, ‘The Prophet ﷺ came with two slaves and gave one of them to ‘Ali and said, “Do not beat him. I have forbidden beating the people of the prayer and I saw him praying before we came.” He gave Abu Dharr a slave and said, “I recommend that you treat him well,” so Abu Dharr set him free. He said, “What have you done?” He replied, “You commanded me to treat him well, so I set him free.”’[10]

The Prophet ﷺ said,

أَجِيبُوا الدَّاعِيَ، وَلاَ تَرُدُّوا الْهَدِيَّةَ، وَلاَ تَضْرِبُوا الْمُسْلِمِينَ

Respond to invitations. Do not reject gifts. Do not beat Muslims.”[11]

Do not beat slaves

The Prophet Muhammad ﷺ said:

مَنْ لَطَمَ مَمْلُوكَهُ أَوْ ضَرَبَهُ فَكَفَّارَتُهُ أَنْ يُعْتِقَهُ

“Whoever slaps his slave or strikes him, his atonement (kaffara) is to free him.”[12]

قَالَ‏:‏ كُنْتُ أَضْرِبُ غُلاَمًا لِي، فَسَمِعْتُ مِنْ خَلْفِي صَوْتًا‏:‏ اعْلَمْ أَبَا مَسْعُودٍ، لَلَّهُ أَقْدَرُ عَلَيْكَ مِنْكَ عَلَيْهِ، فَالْتَفَتُّ فَإِذَا هُوَ رَسُولُ اللهِ صلى الله عليه وسلم، قُلْتُ‏:‏ يَا رَسُولَ اللهِ، فَهُوَ حُرٌّ لِوَجْهِ اللهِ، فَقَالَ‏:‏ أَمَا لَوْ لَمْ تَفْعَلْ لَمَسَّتْكَ النَّارُ أَوْ لَلَفَحَتْكَ النَّارُ

Abu Mas’ud said, ‘I was beating a slave of mine when I heard a voice behind me, “Know, Abu Mas’ud, that Allah is able to call you to account for this slave.” I turned around and there was the Messenger of Allah ﷺ. I said, “Messenger of Allah, he is free for the sake of Allah!” He said, “If you had not done that, the Fire would have touched you (or the Fire would have burned you).”[13]

كُنَّا نَبِيعُ الْبَزَّ فِي دَارِ سُوَيْدِ بْنِ مُقَرِّنٍ، فَخَرَجَتْ جَارِيَةٌ فَقَالَتْ لِرَجُلٍ شَيْئًا، فَلَطَمَهَا ذَلِكَ الرَّجُلُ، فَقَالَ لَهُ سُوَيْدُ بْنُ مُقَرِّنٍ‏:‏ أَلَطَمْتَ وَجْهَهَا‏؟‏ لَقَدْ رَأَيْتُنِي سَابِعَ سَبْعَةٍ وَمَا لَنَا إِلاَّ خَادِمٌ، فَلَطَمَهَا بَعْضُنَا، فَأَمَرَهُ النَّبِيُّ صلى الله عليه وسلم أَنْ يُعْتِقُهَا‏.‏

Hilal ibn Yasaf said, ‘We used to sell linen in the house of Suwayd ibn Muqarrin. A slavegirl came out and said something to one of the men and that man slapped her. Suwayd ibn Muqarrin asked him, “Did you slap her face?” There were seven of us and we only had a single servant. Then one of us slapped her and the Prophet ﷺ ordered him to set her free.’[14]

Do not strike and mark the face

مَرَّ النَّبِيُّ صلى الله عليه وسلم بِدَابَّةٍ قَدْ وُسِمَ يُدَخِّنُ مَنْخِرَاهُ، قَالَ النَّبِيُّ صلى الله عليه وسلم‏:‏ لَعَنَ اللَّهُ مَنْ فَعَلَ هَذَا، لاَ يَسِمَنَّ أَحَدٌ الْوَجْهَ وَلاَ يَضْرِبَنَّهُ

Jabir said, ‘The Prophet ﷺ passed by an animal which had been branded and its nostrils were smoking. The Prophet ﷺ said, “Allah curses any person who does this. No one should mark the face nor strike it.”[15]

Al-Massari says, “This curse is for anyone who marks an animal in the face, so how about torturing humans, abusing them, burning them, and electrocuting them?!

Do not punish the creation of Allah Almighty!

‏ كَانَ النَّبِيُّ صلى الله عليه وسلم يُوصِي بِالْمَمْلُوكِينَ خَيْرًا وَيَقُولُ‏:‏ أَطْعِمُوهُمْ مِمَّا تَأْكُلُونَ، وَأَلْبِسُوهُمْ مِنْ لَبُوسِكُمْ، وَلاَ تُعَذِّبُوا خَلْقَ اللهِ عَزَّ وَجَلَّ

Jabir ibn ‘Abdullah said, ‘The Prophet ﷺ advised that slaves should be well-treated. He said, “Feed them from what you eat and clothe them from what you wear. Do not punish[16] what Allah has created.”[17]

Whoever beats someone (unjustly) will be punished on the Day of Resurrection

The Messenger of Allah ﷺ said,

مَنْ ضَرَبَ ضَرْبًا اقْتُصَّ مِنْهُ يَوْمَ الْقِيَامَةِ‏

“On the Day of Rising, retaliation will be taken from anyone who gives a beating.”[18]

It is not permissible for a Muslim to frighten another Muslim

Ibn Abu Laila said he was told by Muhammad’s ﷺ companions, that during a journey with the Messenger of Allah ﷺ while one of them was asleep another went to a rope he had with him and seized him[19] with the result that he was startled. The Messenger of Allah ﷺ then said,

لَا يَحِلُّ لِمُسْلِمٍ أَنْ يُرَوِّعَ مُسْلِمًا

“It is not lawful for a Muslim to frighten another.”[20]


All states must enforce the law, but this enforcement must never turn into oppression where secret police roam the streets rounding up citizens, subjecting them to unspeakable torture and leaving them languishing in prisons for years on end, as we find in many Muslim countries today. The small selection of hadith above are enough to dispel any notion of this.

Authority in Islam must be tied to sovereignty, which is the sharia, so that those in authority do not overstep the limits of their executive power.

Imam Ghazali says, “religion and authority are twins” (الدين والسلطان توأمان Ad-deen was-sultan tawaman)[21] and ibn Taymiyyah says, “If authority and wealth were intended to make one come nearer to Allah, and were virtually dispensed in His cause, then that would lead to the establishment of the deen and to prosperity in worldly affairs. If, on the other hand, authority was divorced from deen or deen was divorced from authority, then the whole affairs of the people would be spoiled.”[22]

Allah ta’ala says,

وَلَوِ ٱتَّبَعَ ٱلْحَقُّ أَهْوَآءَهُمْ لَفَسَدَتِ ٱلسَّمَـٰوَٰتُ وَٱلْأَرْضُ وَمَن فِيهِنَّ

“If the truth were to follow their whims and desires, the heavens and the earth and everyone in them would have been brought to ruin.”[23]

Imam al-Mawardi in his book Adab Ad-Dunya wad-Deen lists six principles[24] which if adhered to, can transform the current despotic, oppressive police states in the Muslim world, to countries where their people can prosper in this life and the next. He says, “Know that the means by which the world is put right, so that its conditions become orderly and its affairs healed are six foundational principles. They are:

  1. a followed religion دِينٌ مُتَّبَعٌ
  2. an all-powerful authority وَسُلْطَانٌ قَاهِر
  3. comprehensive justice وَعَدْلٌ شَامِل
  4. general security وَأَمْنٌ عَام
  5. perpetual fertility وَخِصْبٌ دَائِم
  6. and ample hope وَأَمَلٌ فَسِيح

These principles have their basis in the Qur’an and Sunnah and Allah ta’ala says that He will transform the situation in the land for people “who have iman and do righteous actions”,

وَعَدَ ٱللَّهُ ٱلَّذِينَ ءَامَنُوا۟ مِنكُمْ وَعَمِلُوا۟ ٱلصَّـٰلِحَـٰتِ لَيَسْتَخْلِفَنَّهُمْ فِى ٱلْأَرْضِ كَمَا ٱسْتَخْلَفَ ٱلَّذِينَ مِن قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ ٱلَّذِى ٱرْتَضَىٰ لَهُمْ وَلَيُبَدِّلَنَّهُم مِّنۢ بَعْدِ خَوْفِهِمْ أَمْنًۭا ۚ يَعْبُدُونَنِى لَا يُشْرِكُونَ بِى شَيْـًۭٔا ۚ وَمَن كَفَرَ بَعْدَ ذَٰلِكَ فَأُو۟لَـٰٓئِكَ هُمُ ٱلْفَـٰسِقُونَ 

“Allah has promised those of you who have iman and do righteous actions that He will make them successors in the land as He made those before them successors, and will firmly establish for them their deen with which He is pleased and give them, in place of their fear, security. ‘They worship Me, not associating anything with Me.’ Any who are kafir after that, such people are deviators.”[25]

Notes


[1] Prof. Dr: Muhammad bin Abdullah Al-Masari, ‘Accounting the Rulers,’ Third Edition, 2002CE 1423H https://www.renascencefoundation.com

[2] Sahih al-Bukhari 7078, https://sunnah.com/bukhari:7078

[3] In Arabic an address using the masculine word form in origin includes both males and females, whereas an address using the feminine word form is specific to females. This is called taghlib.

[4] Sahih al-Bukhari 6064 https://sunnah.com/bukhari:6064

[5] Holy Qur’an, Surah Al-Hujjurat, ayah 12

[6] Al-Hakim, al-Mustadrak 8136, Grade: Sahih (authentic) according to Al-Dhahabi https://shamela.ws/book/2266/8999#p1

[7] Sahih Muslim 2564a https://sunnah.com/muslim:2564a

[8] Sahih Muslim 2613b https://sunnah.com/muslim:2613b ; Mishkat al-Masabih 3522 https://sunnah.com/mishkat:3522

[9] Abu Luqman Fathullah, ‘The Sixty Sultaniyah,’ p.68

[10] Al-Adab Al-Mufrad 163 https://sunnah.com/adab:163

[11] Al-Adab Al-Mufrad 157 https://sunnah.com/adab:157

[12] Sahih Muslim 1657 https://sunnah.com/muslim/27/46    

[13] Al-Adab Al-Mufrad 171 https://sunnah.com/adab:171

[14] Al-Adab Al-Mufrad 176 https://sunnah.com/adab:176

[15] Al-Adab Al-Mufrad 175 https://sunnah.com/adab:175

[16] Excluded from this are the prescribed punishments for crimes handed out by the state.

[17] Al-Adab Al-Mufrad 188 https://sunnah.com/adab:188

[18] Al-Adab Al-Mufrad 185 https://sunnah.com/adab:185

[19] The meaning is that he tied the rope round him while he was asleep, presumably as a joke.

[20] Mishkat al-Masabih 3545 https://sunnah.com/mishkat:3545  ; Sunan Abi Dawud 5004 https://sunnah.com/abudawud:5004

[21] Al-Ghazali’s Moderation in Belief: Al-Iqtiṣād fi al-I‘tiqād, translated by A M Yaqub, University of Chicago Press, Chicago and London, 2013, p.229

[22] Ibn Taymiyyah, ‘The Political Shariyah on Reforming the Ruler and The Ruled,’ Translation of as-Siyasah ash-Shari’ah fi Islah ar-Ra’i war-Ra’iyah, Dar ul Fiqh, UK, p.256

[23] Holy Qur’an, Surah Al-Muminun ayah 71

[24] Al-Mawardi, Adab Ad-Dunya wad-Deen, https://shamela.ws/book/765/118#p1

[25] Holy Qur’an, Surah An-Nur, ayah 55

The Necessity of Authority by Ibn Taymiyyah

This is an excerpt from Ibn Taymiyyah’s as-Siyasah ash-Shari’ah fi Islah ar-Ra’i war-Ra’iyah.

It should be known that the exercise of authority[1] (for the benefit) of the people is (one) of the greatest religious duties. Neither deen nor world order may be established without it. The children of Adam cannot ensure the realization of their (common) interest except by meeting together, because every one of them is in need of every other one, and when they meet together, it is inevitable for them to have a head (rais رَأْس), so the Prophet ﷺ said:

إِذَا خَرَجَ ثَلاَثَةٌ فِي سَفَرٍ فَلْيُؤَمِّرُوا أَحَدَهُمْ

“If three of them were on a journey, they should choose one of them as Amir (leader).”[2]

Imam Ahmad has related in his Musnad on the authority of ‘Abdullah Ibn Amr that the Prophet ﷺ has said:

لَا يَحِلُّ لِثَلَاثَةٍ يَكُونُونَ بِفَلَاةٍ مِنْ الْأَرْضِ إلَّا أَمَّرُوا عَلَيْهِمْ أَحَدَهُم

“If three (of you) are in a desolate tract of land, one of you must be the Amir.”

The Prophet ﷺ has thereby enjoined that even in a small transient meeting on a journey- there should be one Amir, implying thereby that (men should behave in this way) in all other kinds of meeting and because, furthermore, Allah, be He exalted, has ordered that (men) should enjoin good and prohibit evil. This can only be accomplished by force and authority. Also, all that Allah has enjoined, like undertaking Jihad (legal war), administering justice, performing pilgrimage or Friday prayer or prayer on feast days as well as relieving the oppressed and execution of penalties, can only be accomplished by force and authority. It is (in reference to this) that it is related:

أَنَّ السُّلْطَانَ ظِلُّ اللَّهِ فِي الْأَرْض

“The Sultan (ruler) is Allah’s shadow on Earth.”[3]

It is also said that:

سِتُّونَ سَنَةً مِنْ إمَامٍ جَائِرٍ أَصْلَحُ مِنْ لَيْلَةٍ واحدة بِلَا سُلْطَانٍ

“Sixty years (domination) of a despotic ruler are better than one single night (passed) without a ruler.”

Experience has proved this. Consequently, the early Muslims, like Fudail Ibn Tyad[4] and Ahmad Ibn Hanbal and others, used to say: لَوْ كَانَ لَنَا دَعْوَةٌ مُجَابَةٌ لَدَعَوْنَا بِهَا لِلسُّلْطَانِ “Were our invocation answerable by Allah, we would pray that the ruler (be helped and strengthened by Him).”

The Prophet ﷺ has also said:

إن الله يرضى لكم ثلاثاً: أَنْ تَعْبُدُوهُ وَلَا تُشْرِكُوا بِهِ شَيْئًا، وَأَنْ تَعْتَصِمُوا بِحَبْلِ اللَّهِ جَمِيعًا وَلَا تَفَرَّقُوا، وَأَنْ تَنَاصَحُوا مَنْ وَلَّاهُ اللَّهُ أَمْرَكُمْ

“Allah wants you to abide by three things: Worship Him and associate with Him and no other, hold fast by the covenant of Allah all together and not disperse, and give good counsel to those whom Allah has made men of authority over you.”[5]

He ﷺ has also said:

ثَلاَثٌ لاَ يُغَلُّ عَلَيْهِنَّ قَلْبُ مُسْلِمٍ إِخْلاَصُ الْعَمَلِ لِلَّهِ وَمُنَاصَحَةُ أَئِمَّةِ الْمُسْلِمِينَ وَلُزُومِ جَمَاعَتِهِمْ فَإِنَّ الدَّعْوَةَ تُحِيطُ مِنْ وَرَائِهِمْ

“Three (things) no Muslim would hate: sincerity in actions (for the sake of) Allah, giving good counsel to those who are in authority and abiding by the (opinions agreed upon by the) Muslim community. Then (if Muslims did respond to these), three things, these three things would encompass them on all sides (and protect them).”[6]

It is (further) related from the Prophet ﷺ in his authentic hadith that he has said:

الدِّينُ النَّصِيحَةُ، الدِّينُ النَّصِيحَةُ، الدِّينُ النَّصِيحَةُ. قَالُوا: لِمَنْ يَا رَسُولَ اللَّهِ؟ قَالَ: لِلَّهِ وَلِكِتَابِهِ وَلِرَسُولِهِ وَلِأَئِمَّةِ الْمُسْلِمِينَ وَعَامَّتِهِمْ

“Deen is to give good counsel, Deen is to give good counsel, Deen is to give good counsel (repeated three times)”. Those (who were around him) asked: “To whom, O Messenger of Allah?” He answered: “To Allah, to His Book and to His Messenger, and to the leaders of the Muslims and to the common people among them.”[7]

End quote.[8]

Notes


[1] wiliyatul-amr ولاية أمر

[2] Sunan Abi Dawud 2608 https://sunnah.com/abudawud:2608

[3] Mishkat al-Masabih 3718 https://sunnah.com/mishkat:3718

[4] Al-Fudail Ibn ‘Iyad, d. 187 AH (803 CE)

[5] Sahih Muslim

[6] Jami’ at-Tirmidhi 2658 https://sunnah.com/tirmidhi:2658

[7] Sunan an-Nasa’i 4199 https://sunnah.com/nasai:4199

[8] Ibn Taymiyyah, ‘The Political Shariyah on Reforming the Ruler and The Ruled,’ Translation of as-Siyasah ash-Shari’ah fi Islah ar-Ra’i war-Ra’iyah, Dar ul Fiqh, UK, p.249 ; https://shamela.ws/book/31237/125

The protection granted by one Muslim is binding on everyone in the state

This is an extract from the book Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya by Sheikh Muhammad Khayr Haykal, chapter ‘The Mu’aahadaat (treaties) and Al-Amaan (the security)’

The Messenger of Allah ﷺ said,

وَذِمَّةُ الْمُسْلِمِينَ وَاحِدَةٌ يَسْعَى بِهَا أَدْنَاهُمْ فَمَنْ أَخْفَرَ مُسْلِمًا فَعَلَيْهِ لَعْنَةُ اللَّهِ وَالْمَلاَئِكَةِ وَالنَّاسِ أَجْمَعِينَ لاَ يُقْبَلُ مِنْهُ يَوْمَ الْقِيَامَةِ عَدْلٌ وَلاَ صَرْفٌ

“The protection granted by Muslims is one and must be respected by the humblest of them. And he who broke the covenant made by a Muslim, there is a curse of Allah, of his angels, and of the whole people upon him, and neither an obligatory act nor a supererogatory act would be accepted from him as recompense on the Day of Resurrection.”[1]

Concerning this Hadeeth, the following came stated in Fath ul-Baari: “The Dhimmah of the Muslims is one: It means: Their Amaan (security) is Saheeh (valid). Therefore, if one of them provides Amaan (security) to a Kaafir (disbeliever) it is Haraam upon anyone else to infringe upon him.”[2]

Based upon this, when Umm Haani’[3] may Allah be pleased with her, provided security (amaan) to two mushrikeen (polytheists) from the relatives of her husband, on the day of the Conquest of Makkah, the Prophet ﷺ permitted her amaan which prevented her brother ‘Ali Ibn Abi Taalib from attacking them. Ali intended on attacking them because these two men had not been from those covered by the general amnesty which the Prophet ﷺ had granted to the mushrikeen of Makkah, which had encompassed all the people except a small group of individuals[4] who he ﷺ had named.

These two men had not abided by the conditions of this general amnesty, which was to remain inside their houses or in the Masjid. They were from those who had taken up arms and fought on that day.

Concerning this incident Umm Haani’ said, ‘I went to Allah’s Messenger ﷺ on the day of the conquest of Makkah and found that he was taking a bath, whilst his daughter Fatima was screening him. I said salaam to him and he ﷺ asked: “Who is that?” I said: “It is I, Umm Haani’ bint Abi Taalib.” He said: “Welcome, O Umm Hani.” When he had finished his bath, he stood up and offered eight raka’at while dressed in one garment. When he turned back I said to him: “O Allah’s Messenger! My brother Ali has declared that he will kill a man to whom I have granted security. The man is so and-so bin Hubairah.” Allah’s Messenger ﷺ said: “O Umm Haani’! We will grant asylum to the one whom you have granted asylum.” Umm Haani’ said: That (visit) took place at the time of Duhaa (forenoon).’[5]

The following was stated in the Seerah of ibn Hishaam: ‘That Umm Haani’ the daughter of Abi Taalib said: When the Messenger of Allah ﷺ reached the top part of Makkah, two men from the relatives of my husband, from Bani Makhzoom, fled, and she had been staying at the place of Hubairah bin Abi Wahb Al-Makhzoomi. She said: Ali (i.e. ‘Ali Ibn Abi Taalib), my brother, entered and said: “By Allah, I will kill them both”, and so I closed the door of my house upon them both. I then went to the Messenger of Allah ﷺ whilst he was at the upper part of Makkah …’[6]

The following came mentioned in Fath ul-Baari: “Abu l-‘Abbas Bin Suraij and others said: They were Ja’dah bin Hubairah and another man from Bani Makhzoom. They were amongst those whom Khaalid bin Al-Waleed fought, and who had not accepted to receive the amaan (which had been offered). So Umm Haani’ provided them with sanctuary or protection, and they were from her husband’s relatives.”[7]

Based on the preceding discussion, the granting of amaan (security) to a Kaafir (disbeliever) from the people of war (Ahl ul-Harb) places him under security, and consequently it is not permissible for the Muslims to aggress against him in any way or in respect to any matter.

In order to safeguard or maintain the right of the provision of amaan from any harm that may befall the Muslims as result of it, the Fuqahaa’ (scholars) have stipulated, that for it to be considered valid, the one who is being granted the amaan be free of any accusation, and that the amaan which is granted, be free of any mafsadah (corrupting or harmful element)[8].[9]


This hadith “The protection granted by Muslims is one and must be respected by the humblest of them,” shows the rights an ordinary Muslim has within an Islamic State, even though they might not be from the ruling class or a powerful tribe. The ruler, his ministers and commanders must all abide by this protection (amaan), unless there is some mafsadah (corrupting or harmful element) in it.

It’s also important to note that the word الْمُسْلِمِينَ (Muslims) is ‘aam (general) and applies to both men and women. Women in Islam play a vital role within the Islamic society, and the amaan they offer is equal to that of a man. This was also enacted by the Rightly Guided Caliphs when Umar ibn al-Khattab famously said, “A woman is right and a man is wrong i.e. himself,”[10] when he was strongly accounted by a Muslim woman for attempting to fix the rate of the mahr (marriage dowry).

Lastly, this incident highlights the high Islamic values the Muslims adhered to during the conquests. Dr As-Sallabi mentions, “For twenty years or so, the people of Makkah, especially its leaders, caused nothing but hardships for the Prophet. They persecuted him while he was in Makkah, and they waged war against him after he ﷺ migrated to Al-Madeenah.

On the Day of the Makkah Conquest, the Prophet had with him ten-thousand soldiers; with a simple command from the Prophet those soldiers could have, without much difficulty, killed all of Makkah’ s men, seized all of their property, and taken all of their women as captives. It was that simple, but something profoundly different happened: he forgave them all (except for a few of them).

While the people of the Quraish were gathered near the Ka’bah, awaiting judgment regarding what should be done with them, the Messenger of Allah ﷺ said, “What do you think I will do with you?” They said, “You will do well by us, for you are a noble and generous brother, and a noble and generous nephew.” He said, “No reproach upon you this day; may Allah forgive you.”

What, therefore, was the punishment of the Quraish? Nothing. Their lives were spared; their property and homes remained in their possession; no tax was imposed upon them. In short, they were not treated like the inhabitants of other conquered cities.”[11]

The early Islamic conquests have always perplexed western historians. How was it possible for the desert Arabs, who were viewed by the Persian and Byzantine empires as insignificant, and posing no threat to them, to rise up and within a few years destroy their longstanding empires? Many factors led to this astonishing achievement but central to it was the Muslim armies adhering to the rule of law at the height of war.

Notes


[1] Agreed Upon, Narrated by Ali ibn Abi Talib, Sahih Muslim 1370a https://sunnah.com/muslim:1370a ; Sahih al-Bukhari 6755 https://sunnah.com/bukhari:6755

[2] Fath ul-Baari: 4/86

[3] Prophet Muhammad’s ﷺ cousin

[4] due to the severity of their crimes against Islam and the Muslims

[5] Sahih Muslim 336f https://sunnah.com/muslim:336f ; Sahih al-Bukhari 357 https://sunnah.com/bukhari:357

[6] Seerah Ibn Hishaam: “Ar-Rawd ul-Unuf”: 4/93

[7] “Fat’h ul-Baariy”: 1/470. Also refer to “At-Ta’leeq As-Sabeeh ‘Alaa Mishkaat ilMasaabeeh”, Muhammad Idrees Al-Kandahlawiy: 4/285-286

[8] i.e. you cannot harbour enemy spies

[9] Muhammad Khayr Haykal, Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya, chapter ‘The Mu’aahadaat (treaties) and Al-Amaan (the security)’

[10] Tafseer Ibn Katheer, 2/213. It is attributed to az-Zubayr ibn Bakkar but there are breaks in the chain of transmission. It was also narrated by Abu Hatim in his Musnad and by al-Bayhaqi in as-Sunan, where he says that it is musral jayid.

[11] Dr. Ali Muhammad Al-Sallabi, ‘The Noble Life of the Prophet Muhammad ﷺ,’ p.1709