Umar as Caliph - I
Note 1: Valuable “Ijtihad” by Umar laid foundation of modern world; after conquest of two super powers of the time, Persians in east and Romans in the west, Ijtihad on question of war booty collected without battle, Maal-e-Fai benefitted the later generations of the conquered empires. Wise decisions thus reached through this endeavor by Umar to establish a new legal frame wok for a new situation having no discrete ordain in Quran & SUNNAH, perceived peaceful coexistence for coming generations. These empires flourished into buoyant cultures by providing a relief from tyranny of kings, denying few to amass wealth and thus turning these empires into kind of occidento-oriental civilizations burgeoning out of their deeply rich ancient cultures with spirit of Quran imbuing a unique social order free of harsh autocracies and exploitation of weak. This new spirit went a long way in replacing hegemony of few elite with egalitarian practice of early Islam, establishing a novel culture based on logic and inquiry, completely negating occultism and an aura of superstition. These ancient empires after accepting Islam voluntarily played a cardinal role in making great contribution to the modern world with refined literature, arts and building a broad base for scientific discoveries.
Rules regarding “War Booty” captured without a battle or waging proper war
(3) CHAFFER. The Statement of Allah "What Allah has bestowed on His Messenger (and taken away) from the people of the townships - belongs to Allah,- to His Messenger and to kindred and orphans, the needy and the wayfarer; In order that it may not (merely) make a circuit between the wealthy among you. So take what the Messenger assigns to you, and deny yourselves that which he withholds from you. And fear Allah; for Allah is strict in Punishment.” (59:7)
Bukhari
Volume 6, Book 65, Number 4885:
Narrated
Umar:
The
properties of Bam An-Nadir were among the booty that Allah gave to His Apostle (s)
such Booty were not obtained by any expedition on the part of Muslims, neither
with cavalry, nor with camelry (fighting through camels). So those properties
were for Allah's Apostle only, and he used to provide thereof the yearly
expenditure for his wives, and dedicate the rest of its revenues for purchasing
arms and horses as war material to be used in Allah's Cause.
(2) Spread
of Islam through peaceful conquests
by purifying rules of war
(9) CHAPTER. The war booty is for those who witness the battles.
Bukhari Volume 4, Book 57, Number 3125:
Narrated
Aslam:
'Umar
said, "Were it not for those Muslims who have not come to existence yet, I
would have distributed (the land of) every town I conquer among the fighters as
the Prophet (s) distributed the land of Khaibar."
Bukhari Volume 5, Book 64, Number 4235:
Narrated
'Umar bin Al-Khattab:
By
Him in Whose Hand my soul is, were I not afraid that the other Muslims might be
left in poverty, I would divide (the land of) whatever village I may conquer
(among the fighters), as the Prophet (s) divided the land of Khaibar. But I prefer to
leave it as a (source of) a common treasury for them to distribute its
revenue amongst themselves.
Note 1: Umar
Bin Khattab during his reign solved a big question through “Ijtihad”, in the light of Ayah 59:6-10 & 62:2-3:
“And the properties that
Allah took out from their possession and restored to His Messenger, 11 are not
such that you might have rushed your horses and camels upon them, but Allah
gives His Messengers authority over whomever He wills, and Allah has power over
everything. 12 Whatever
Allah restored to His Messenger from the people of the settlements, belongs to
Allah and the Messenger and the kinsfolk and the orphans and the needy and the
wayfarers, 13 so that it
does not remain circulating among your rich people only. 14 Take whatever the Messenger gives you and
refrain from whatever he forbids you. Fear Allah, for Allah is stern in
inflicting punishment.
15 (Moreover,
the properties) are for those poor emigrants who have been expelled from their
homes and their possessions.
16 They seek
Allah's bounty and His goodwill, and are ever ready to succor Allah and His
Messenger. They indeed are the truthful. (And it is also for those) who
believed eve before the arrival of the emigrants and were staying in the Abode
of Migration.
17 They love
those who have migrated to them and entertain no desire in their hearts for
what is given to them and prefer others to themselves even though they may be
needy. 18 The fact is
that those who are saved from the greed of their own hearts, ale truly
successful. 19 (And it is also for those) wa-alladhīna who
come jāū after
them min baʿdihim, 20 who say,
"Our Lord, forgive us , and forgive all our brothers who embraced the
Faith before us, and do not place in our hearts any malice towards the
believers. Our Lord, You are very Kind and Compassionate." 21” (59:6-10)
“He it is Who has raised a Messenger among the gentiles 2 from among
themselves, who recites to them His Revelations, purifies them and teaches them
the Book and the Wisdom, 3 whereas
before this they were indeed lost in manifest error. 4 And (the
advent or the Messenger) is also for those others who have not yet joined them. 5 Allah is
All-Mighty, All-Wise. 6 ” (62:2-3)
This prudent decision by 2nd caliph of Islam
around middle of 7th century made a big impact on the semblance of
coming civilization in the world. This question decided the fate of the two big
empires of the time, Persians and Romans, having fallen into the control of
Muslim Armies as a result of defeats in the battle fields. Umar stopped his
armies from making the whole nations as war captives and war booty, by only
allowing what was collected from the actual battle field as war booty. This
sagacious step not only saved the huge treasures of these empires for coming
generations but also kept the rich cultural heritage of both these empires
intact. Point to note here is that major beneficiaries of these treasures, kept
as an asset for coming generations were the people of these two empires in
coming centuries who accepted Islam due to such examples of justice and
egalitarian policies of Islam. If given the due value and impact of this
decision on coming generations, historian must pay great homage to this visionary
sage.
People from these nations like philosophers and scientists of
Persia and saints and scientists of Andalusia played a great role in modeling
and fashioning what the modern world is today, a reflection of the golden
principles of Islam covering a vast spectrum of human life from private to
social, moral, economic, political and spiritual affairs. Here we must also not let another subtle observation be
left unnoticed though it is a little sour and not the topic at the moment;
today’s Islam is the reflection of its conquerors, Muslims had to meet in the
vicious circle of time, fluctuating between nations, when lose their basic
creed and cherished traditions.
Note 2: “Ijtihad” means
a process of deliberations for
reaching a solution to a legal matter relating to a new situation. Umar also
laid foundation for Islamic legal thinking giving priority to wellbeing of
humanity in a larger spectrum by opening gates to an ever dynamic way of
Islamic jurisprudence. Unfortunately such dynamic principles were not fully
utilized due to “Taqleed”, “blind following” a process negating
the dynamic spirit of Quran and Sunnah, ending in few schools of Jurisprudence
like “Hanfi”, “Maliki”, “Shafii” and “Hunmbaly” besides “shiia” schools of legal thought. Only a few dared to criticize this
trend but faced huge oppositions and appreciated by only a few select. These
are scholars like Ibn Taymiyyah
(January 22, 1263 - September 26, 1328) Ibn Abd al-Wahhab (1703 – 22 June 1792) and modern day scholar Dr.
Muhammad Iqbal. (November 9, 1877 – April 21, 1938).
(3) Campaigns in Umar’s reign
Bukhari
Volume 4, Book 53, Number 3159-3160:
Narrated
Jubair bin Haiya:
'Umar
sent the Muslims to the great countries to fight the pagans. When Al-Hurmuzan
embraced Islam, 'Umar said to him. "I would like to consult you regarding
these countries which I intend to invade." Al-Hurmuzan said, "Yes,
the example of these countries and their inhabitants who are the enemies of the
Muslims, is like a bird with a head, two wings and two legs; If one of its
wings got broken, it would get up over its two legs, with one wing and the
head; and if the other wing got broken, it would get up with two legs and a
head, but if its head got destroyed, then the two legs, two wings and the head
would become useless. The head stands for Khosrau, and one wing stands for
Caesar and the other wing stands for Faris. So, order the Muslims to go towards
Khosrau." So, 'Umar sent us (to Khosrau) appointing An-Numan bin Muqrin as
our commander. When we reached the land of the enemy, the representative of
Khosrau came out with forty-thousand warriors, and an interpreter got up
saying, "Let one of you talk to me!" Al-Mughira replied, "Ask
whatever you wish." The other asked, "Who are you?" Al-Mughira
replied, "We are some people from the Arabs; we led a hard, miserable,
disastrous life, we used to suck the hides and the date stones from hunger, we
used to wear clothes made up of fur of camels and hair of goats, and to worship
trees and stones. While we were in this state, the Lord of the Heavens and the
Earths, Elevated is His Remembrance and Majestic is His Highness, sent to us
from among ourselves a Prophet whose father and mother are known to us. Our
Prophet, the Messenger of our Lord, has ordered us to fight you till you
worship Allah Alone or gives Jizya (i.e. tribute); and our Prophet has informed
us that our Lord says:
"Whoever
amongst us is killed (i.e. martyred), shall go to Paradise to lead such a
luxurious life as he has never seen, and whoever amongst us remain alive, shall
become your master." (Al-Mughira, then blamed An-Numan for delaying the
attack and An-Nu' man said to Al-Mughira, "If you had participated in a
similar battle, in the company of Allah's Apostle he would not have blamed you
for waiting, nor would he have disgraced you. But I accompanied Allah's Apostle
in many battles and it was his custom that if he did not fight early by
daytime, he would wait till the wind had started blowing and the time for the
prayer was due (i.e. after midday)."
“Fight with those from among the people of the Book, who do not
believe in Allah and in the Last Day; 26 who do not make unlawful that which Allah
and His Messenger have made unlawful, 27 and do not adopt the Right way as their
way. (Fight with them) until they pay Jizyah with their own hands and are
humbled. 28 ”
(9:29)
(4) Umar
carried out consultation
before making a decision
Bukhari
Volume 7, Book 76, Number 5729:
Narrated
'Abdullah bin 'Abbas:
'Umar
bin Al-Khattab departed for Sham and when he reached Sargh, the commanders of
the (Muslim) army, Abu 'Ubaida bin Al-Jarrah and his companions met him and
told him that an epidemic had broken out in Sham. 'Umar said, "Call for me
the early emigrants." So 'Umar
called them, consulted them and informed them that an epidemic had broken
out in Sham. Those people differed in their opinions. Some of them said,
"We have come out for a purpose and we do not think that it is proper to
give it up," while others said (to 'Umar), "You have along with you
other people and the companions of Allah's Apostle so do not advise that we
take them to this epidemic." 'Umar said to them, "Leave me now."
Then he said, "Call the Ansar for me." I called them and he consulted them and they followed the
way of the emigrants and differed as they did. He then said to them, Leave me
now," and added, "Call for me the old people of Quraish who emigrated
in the year of the Conquest of Mecca." I called them and they gave a
unanimous opinion saying, "We advise that you should return with the
people and do not take them to that (place) of epidemic." So 'Umar made an
announcement, "I will ride back to Medina in the morning, so you should do
the same." Abu 'Ubaida bin Al-Jarrah said (to 'Umar), "Are you
running away from what Allah had ordained?" 'Umar said, "Would that
someone else had said such a thing, O Abu 'Ubaida! Yes, we are running from
what Allah had ordained to what Allah has ordained. Don't you agree that if you
had camels that went down a valley having two places, one green and the other
dry, you would graze them on the green one only if Allah had ordained that, and
you would graze them on the dry one only if Allah had ordained that?" At
that time 'Abdur-Rahman bin 'Auf, who had been absent because of some job, came
and said, "I have some knowledge about this. I have heard Allah's Apostle
saying, 'If you hear about it (an outbreak of plague) in a land, do not go to
it; but if plague breaks out in a country where you are staying, do not run
away from it Umar thanked Allah and returned to Medina.
(5) Death
& decision regarding succession
of caliph after his death
(8) CHAPTER. The account of the Baia (pledge) (after 'Umar) and the unanimous election of 'Uthman bin 'Affan as a caliph;
Bukhari
Volume 9, Book 93, Number 7207:
Narrated
Al-Miswar bin Makhrama:
The
group of people whom 'Umar had selected as candidates for the Caliphate
gathered and consulted each other, Abdur-Rahman said to them, "I am not
going to compete with you in this matter, but if you wish, I would select for
you a caliph from among you,." so all of them agreed to let 'Abdur-Rahman
decide the case. So when the candidates placed the case in the hands of
'Abdur-Rahman, the people went towards him and nobody followed the rest of the
group nor obeyed any after him. So the people followed 'Abdur-Rahman and
consulted him all those nights till there came the night we gave the oath of
allegiance to 'Uthman. Al-Miswar (bin Makhrama) added: 'Abdur-Rahman called on
me after a portion of the night had passed and knocked on my door till I got
up, and he said to me, "I see you have been sleeping! By Allah, during the
last three nights I have not slept enough. Go and call Az-Zubair and Sa'd.' So
I called them for him and he consulted them and then called me saying, 'Call
'Ali for me." I called 'Ali and he held a private talk with him till very
late at night, and then 'Ali, got up to leave having had much hope (to be
chosen as a Caliph) but 'Abdur-Rahman was afraid of something concerning 'Ali.
'Abdur-Rahman then said to me, "Call 'Uthman for me." I called him
and he kept on speaking to him privately till the Mu'adhdhin put an end to
their talk by announcing the Adhan for the Fajr prayer. When the people
finished their morning prayer and that (six men) group gathered near the
pulpit, 'Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar
present there and sent for the army chief who had performed the Hajj with 'Umar
that year. When all of them had gathered, 'Abdur-Rahman said, "None has
the right to be worshipped but Allah," and added, "Now then, O 'Ali,
I have looked at the people's tendencies and noticed that they do not consider
anybody equal to 'Uthman, so you should not incur blame (by disagreeing)."
Then 'Abdur-Rahman said (to 'Uthman), "I gave the oath of allegiance to
you on condition that you will follow Allah's Laws and the traditions of
Allah's Apostle and the traditions of the two Caliphs after him." So
'Abdur-Rahman gave the oath of allegiance to him, and so did the people
including the Muhajirin (emigrants) and the Ansar and the chiefs of the army
staff and all the Muslims.
Bukhari
Volume 2, Book 23, Number 1392:
Narrated
'Amr bin Maimun Al-Audi:
I saw
'Umar bin Al-Khattab (when he was stabbed) saying, "O 'Abdullah bin 'Umar!
Go to the mother of the believers Aisha and say, 'Umar bin Al-Khattab sends his
greetings to you,' and request her to allow me to be buried with my
companions." (So, Ibn 'Umar conveyed the message to 'Aisha) She said,
"I had the idea of having this place for myself but today I prefer him
('Umar) to myself (and allow him to be buried there)." When 'Abdullah bin
'Umar returned, ‘Umar asked him; "What (news) do you have?" He replied,
"O chief of the believers! She has allowed you (to be buried there)."
On that 'Umar said, "Nothing was more important to me than to be buried in
that (sacred) place. So, when I expire, carry me there and pay my greetings to
her (‘Aisha) and say, 'Umar bin Al-Khattab asks permission; and if she gives
permission, then bury me (there) and if she does not, then take me to the
grave-yard of the Muslims. I do not think any person has more right for the
caliphate than those with whom Allah's Apostle (s) was always pleased till his
death. And whoever is chosen by the people after me will be the caliph, and you
people must listen to him and obey him," and then he mentioned the name of
'Uthman, 'Ali, Talha, Az-Zubair, 'Abdur-Rahman bin 'Auf and Sad bin Abi Waqqas.
By
this time a young man from Ansar came and said, "O chief of the believers!
Be happy with Allah's glad tidings. The grade which you have in Islam is known
to you, then you became the caliph and you ruled with justice and then you have
been awarded martyrdom after all this." 'Umar replied, "O son of my
brother, would that all that privileges will counterbalance; (my short comings)
so that I neither lose nor gain anything. I recommend my successor to be good
to the early emigrants and realize their rights and to protect their honor and
sacred things. And I also recommend him to be good to the Ansar who before
them, had homes (in Medina) and had adopted the Faith. He should accept the
good of the righteous among them and should excuse their wrongdoers. I
recommend him to abide by the rules and regulations concerning the Dhimmis
(protectees) of Allah and His Apostle, to fulfill their contracts completely
and fight for them and not to tax (overburden) them beyond their
capabilities."
(6) Question of successor
in life time
& Umar’s response
Bukhari Volume 9, Book 93, Number 7218:
Narrated 'Abdullah bin 'Umar:
It was said to 'Umar, "Will you
appoint your successor?" Umar said, "If I
appoint a Caliph (as my successor) it is true that somebody who was better than
I (i.e., Abu Bakr) did so, and if I leave the matter undecided, it is true that
somebody who was better than I (i.e., Allah's Apostle) did so." On
this, the people praised him. 'Umar said, "People are of two kinds: Either
one who is keen to take over the Caliphate or one who is afraid of assuming
such a responsibility. I wish I could be free from its responsibility in that I
would receive neither reward nor retribution I won't bear the burden of the
caliphate in my death as I do in my life."
Translator’s Note: 'Umar refused to appoint his successor lest he should be held responsible for the mistakes in future.
Note: This was his stance, before he was stabbed and was a view in normal circumstances, after he was stabbed Umar gave a list of people to act as Electoral College.
(7) Non-Muslim’s
rights under protection
Dhimmi NOT to be enslaved
(174) CHAPTER. One should fight for the protection of the Dhimmi (i.e., free non-
Muslim
subjects living in a Muslim country) and they should not be enslaved.
Bukhari
Volume 4, Book 56, Number 3052:
Narrated
'Amr bin Maimun:
Umar (after he was stabbed),
instructed (his would-be-successor) saying, "I urge him (i.e. the new
Caliph) to take care of those non-Muslims who are under the protection of Allah
and His Apostle in that he should observe the convention agreed upon with them,
and fight on their behalf (to secure their safety) and he should not over-tax
them beyond their capability."
Killing Zimmi under protection – Paradise denied
(30) CHAFFER. The sin of a person who
killed an innocent Dhimmi (a non-Muslim living in a Muslim state and
enjoying the protection of Muslims);
Bukhari Volume 9, Book 87,
Number 6914:
Narrated
'Abdullah bin 'Amr:
The Prophet (s) said, "Whoever killed a Mu'ahid (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling)."
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