Alhassanain(p) Network for Heritage and Islamic Thought

64. AMEER AL MOMINEEN (A.S.)’S STYLE OF GOVERNANCE

For ages the system of rule by the kings has been dominating on the human race. As a result of this system, the craving for power had become a part of the human instinct. Therefore the ancient Egyptians and the Japanese had a belief that the kings were born to rule over the people and that others were their serfs and servants! This created an inferiority complex in other people of those races. They were used as bonded slaves of the ruling elite. But, despite all the tyranny they thought they had no right to protest against the injustices of their masters. They thought the purpose of their lives was to abjectly surrender to the will of their rulers.

When the voice of Islam rose from the desert of Arabia, the conditions there were almost the same. The weak were helpless in front of the persons with power. The poor persons always remained in the clutches of the usurers or the shackles of the masters. Slavery was rampant. Islam gave them the tiding of freedom and equality. It removed the differences of color and race. It abolished the rule of men and established Allah’s Rule! The meaning of Allah’s Rule is that the people believe that He is our Master and observes all our words and deeds. We are subservient only to His Commands and answerable to Him! This new concept did away with idolatory and hypocricy and the minds and hearts were endowed with brotherhood and equality.

The prophet of Islam (s.a.) was not having the political power and pelf in his view. The purpose of his Annunciation was to establish Allah’s Rule among the people. Therefore he gave the lesson of the Unity of Allah to the people. And invited all people to gather at one focal point and give birth to a clean society. The society in which there was knowledge instead of ignorance and where there was justice in place of tyranny. The Prophet (s.a.) was not doing this only for his own time. His message was for the posterity as well. He advocated a system that is termed the Khilafat e Ilahiya. The one to establish the Khilafat e Ilahiya was to set an example to the people with his beliefs and actions in accordance to the Commands of Allah. The people should obey him accepting him as the Representativw of Allah amongst them. The acceptance of allah’s Commands is to follow his directives! Therefore Allah says:

“Obey Allahand the Prophet (s.a.) and also those who are Saheb e Amr (the Chose in Authorit ) amongst you.”

This is an undeniable fact that after the Prophet (s.a.) the weak democracy that was the basis of the governance was the fore-runner of the monarchy of the type followed by Caesar and Khusro. Instead of Allah’s Rule , the hegemony of individuals was enforced on the people. In Hukumat e Ilahiya there is no place for personal aggrandizement. The yardstick of Allah’s Rule is neither powere and pelf of individuals but the one who administers and enforces the norms and Commands Revealed by Allah. No doubt those who came to the caliphate were called Muslims. But the Islamic Rule doesn’t mean that a person who has embraced Islam comes on the top to rue. But it is the implementation of the life style that the Prophet (s.a.) had enunciated. If anyone establishes rule contrary to those norms, then that is not a Islamic regime. Therefore the rule of Yazid, Marwan,Abd al Malik and persons of that ilk cannot be called as Muslim rulers. In fact they were the images of Heraclius and Caesar in an Islamic environment!

Hazrat Ali (a.s.)’s rule was truly Islamic. He had accepted the caliphate only on condition that no one should interfere in his running the administration exactly in accordance with the norms laid down by the Shariah of Islam. Although his period was dominated by intrigue and troubles created by his enemies, that in his brief rule he presented an administration that was in accord with the style of governance of the Prophet (s.a.) and implicitly followed the Commands of Allah. If he had not taken the reins of governance in his hands, people would have forgotten what is Hukumat e Ilahiya. Running the governance on the Islamic norms is something and acquiring power through politics is something else.

Ameer al Momineen (a.s.)’s entire life is a proof that every act of his was in accordance to the Commands of Allah. If he accepted the caliphate, he did it with the condition that it will be the Hukumat e Ilahiya and not personal rule. He gave real interpretation to“Lam yakun lahu sharika fil mulk” through his actions as the caliph. If he was interested in personal aggrandizement he wouldn’t have dismissed the functionaries of the orevious regime against many well meaning advisers. He went against their advice because he knew that those functionaries were promoting their own interests instead of governing according to the norms set by Allah. He had accepted the caliphate only to do away these personal and corrupt coteries. If the Imam (a.s.) was interested in his personal power, he could have closed his eyes to the misdeeds of those persons. But in his eyes personal power and influence had no meaning. His intent was to educate and inform the people about the Islamic norms. Once he was mending his foot wear when he told to Ibne Abbas:

“By Allah! If in my view the establishment of the Truth and the destruction of the Falsehoods was not there, this footwear would be more dear to me than being the ruler.”

Ref: Nahj al Balagha

Ameer al Momineen (a.s.)has described the purpose of his rule in two simple sentences. Theforst is the establishmet of the Truth and the second the destruction of the Falsehood. During his rule he kept these two things in view. His main aim was to propagate the Islamic norms and practices. Not only he was firm on his stand, but he created movement in the stagnant natures of the people with his actions. Although he was not interested in the annexation of other territiories, but conquering hearts and developments of the minds is a bigger achievement. No doublts the other rulers annexed large territiories and were termed conquerors, Hazrat Ali (a.s.) tried to put the Islamic society on healthy ground. Despite all the unrest and mischief in the relam, Hazrat Ali (a.s.) proceeded with his task of reforming the society. He heard the complaints of the people against their exploitation by the functionaries of the state and removed unnecessary restrictions imposed on the people. He crushed the destructive and disruptive forces and and kept an eye on the activities of the functionaries. He fixed the duties and responsibilities of the persons responsible for the collection of Zakat. He abolished the racial discrimination among the people and promoted equality and fraternity among all.

Hazrat Ali (a.s.) had such an ideal society in his view that it should be free of injustice, cruelty, bribery, cheating and other such ills. He promoted legal and societal equity among the people. He wanted to inculcate the sense of responsibility among the people and he used to sound them, from time to time, with his writings and sermons. At the top of these writings and lectures there used to be an exhortation to the people to adopt piety and a reminder about the Day of Reckoning. Although every writing of his is a document of advice, but the letter that he wrote to Malik e Ashtar while nominating him as the governor to Egypt is a reflection of the Divine Instruction. The document covers the norms of statecratt in such perfection that till today the human mind cannot think more than that on the subject. With all the developments taking place, no additions could be thought of on the basic norms enunciated therein.George Jourdac, a Christian Scholar, comments on the comprehensiveness of the document in these words:

“Among his writings this is a great document of advice and instruction. It is a comprehensive instrument of the laws of citizenship and city life and encompasses the rights and privileges of the common man.”

Ref: Saut al Adala, Vol 1, Page 335

In this document, the Imam (a.s.) has encompassed the lowest rung of the society to the elites, the rights and duties of each stratum, and has mentioned about the rights of the workers, the traders, artisans, soldiers, judges, advisers and viziers. He described the functions of the departments of finance, interior, foreign affairs, the covenants of the state, the relations between the Muslims and the Dimmis; about administration of justice, the duties of the functionaries in all the departments and their staff.

This document, as far as its efficacy is concerned, is not bound by conditions of time and place. Hazrat Ali (a.s.) had created this document 1,400 years ago and the the the picture that he had drawn of the administrator and the administered still holds good, and will hold good till this world exists! The wonderful thing about the document is that it is as efficacious to the democratic societies as it is to the totalitarian environments as well! If the countries that raise the slogans of universal peace and equity take guidance from ths document, then there will neither be any conflict between the landlord and the tiller, nor will the factory worker raise the slogan of injustice by the factory owner. There will notbe any grouse about iniquitous distribution of wealth nor economic inequality will exist. Such peaceful environment will result that it will be an example of welfare and justice!

Instead of copying the document here, we recommend to the reader to peruse“Nahj al Balagha” , the compendium of Hazrat Ali (a.s.)’s writings and sermons. However, in this book, we shall present the relevant extracts from the book as we proceed with our writing.

65. THE NORMS FOR SELECTION OF THE FUNCTIONARIES

The progress of a society very much depends on the organization of the State on proper lines, be it a monarchy or a democracy for that matter. Whether it is Islamic or otherwise. When there is good law and order in a state and respect for the human rights, it is a well managed welfare state. All this depends on the wisdom and sagacity of the head of the state and the capability and efficiency of the functionaries of the state. These functionaries provide efficient administration and make the people law abiding citizens of the state. All these functionaries are appointed to the various provinces of the state at the discretion of the head of the state. If it is a Islamic state, the functionaries will be responsible for efficient collection of the Zakat and Jizia in addition to the other duties like law and order, dispensation of justice to the people etc.

This is a fact that the people take inspiration from their administrators. They adopt the way their administrator follows. If the administrator in an Islamic state is pious and follows all the tenets properly, the people too try to emulate him. If the administrator is selfish, corrupt and ill mannered, the people in that area will also behave in that manner. Therefore, it is imperative that maximum care is exercised to select administrators after proper screening of their dossiers.

Hazrat Ameer al Momineen (a.s.) used to judge his functionaries on the basis of their piety, honesty and capability to perform the function assigned to them. He gave key positions only to persons with immaculate honesty, nobility and straightforwardness.

Ibne Abd al Darr writes:

“Hazrat Ali (a.s.) appointed only those persons as the governors of provinces who were trustworthy and honest.”

Ref: Isteaab, Vol 3, Page 47

He never considered the family background, the tribe to which the person belonged and the recommendations of important persons for appointment as functionaries of the state. He used to instruct these functionaries not to retain any person on the basis of recommendations. Therefore he said on one occasion:

“Don’t accept any recommendation for retaining personnel, only consider that they are trustworthy and honest.”

Ref: Alf Kalima

Among the functionaries of the Hazrat Ali (a.s.) there were some Hashemites as well. Among them were the sons of Abbas---Abd Allah, Obaid Allah and Fatham. Some people started thinking that he had retained them because of his close relationship with them. They said that if Hazrat Othman had favored Bani Omayya as functionaries of state, what was wrong? The question is whether these functionaries were honest, just and capable of performing the assignment entrusted to them? But Hazrat Othman’s functionaries were conceited, ill behaved and absolutely incapable of good administration. If he had placed persons who were men of piety, honest and capable, the criticism of nepotism wouldn’t have been levelled. The persons whom Hazrat Ali (a.s.) appointed were above criticism as far as their honesty, piety and capability were concerned. Just because of the relationship with the caliphs, putting the functionaries of both the administrations on the same level is not justifiable. This comment would be justifiable if the Hashemite functionaries were appointed all over as the Ommayad functionaries were predominantly all over the realm during Hazrat Othman’s caliphate. During Hazrat Ali (a.s)’s period there were only a few Hashemites in important positions and their antecedents were immaculate. Was no Hashemite deserving of any important position? If they were capable, keeping them away from assignments just because they were Hashemite was no justice. It is surprising that over a period of 25 years after the Prophet (s.a.) no Hashemite is seen in any important position of the state! Hazrat Ali (a.s.)’s yardstick for appointment of any person was his piety, capability and character. if the person didn’t measure up to these requirements he would not consider him fit for the assignement, be he a Hashemite, Mohajir or Ansaar! If any functionary was found committing an impropriety, he wouldn’t be spared of the punishment, whosoever he was.

66. ACCOUNTABILITY OF THE FUNCTIONARIES

The functionaries of the state can be both constructive and destructive in their action and attitude. With their constructive actions the state develops and prospers. If they adopt a contrary attitude, it would certainly be harmful for the state. The head of a state needs to monitor the activities of the functionaries and should not relax after assigning them to their tasks. However honest and trustworthy the functionaries, they are fallible human beings. They might get attracted to the luster and lucre of wealth and stray from the right path if left to their own scruples for long. They might indulge in bribery , misappropriation and other such destructive activities. Instead of serving the people, they might turn self-serving.

Ameer al Momineen (a.s.) knew the futility of the human nature very well. He didn’t believe in closing the eyes and ears in trusting people. Besides, some of the functionaries of the previous administration had convinced him of their reliability and were continuing in service, for example: Abu Moosa Ashari, Ashas ibne Qais and Msqala ibne Habira. It was necessary that all their activities were monitored and the cash inflows and outflows audited. Therefore Ameer al Momineen (a.s.) used to keep an eye on every minute thing like the lifestyle of these persons. He praised them for good performance and reprimanded them if he found any oversights , defects or dereliction of duty in their activities. He used to check the account of Bayt al Maal regularly. If he received reports of misappropriation by any functionary, he used to lift his eyes towards the sky and say:

“O Allah! You know that I have placed them over Your creatures not to harm them and defy Your Rights.”

Ref: Isteaab, Vol 3, Page 48

He then used to conduct an audit and punish the person according to the seriousness of his misdemeanor. From some he used to recover the misappropriated funds and some he incarcerated as a punishment for their crime. Some of such events are mentioned her in brief.

The governor of Basra, Othman ibne Hanif attended a party. Hazrat Ali (a.s.) came to know about it and wrote to Othman ,“I didn’t expect that you would accept their invitation from whose doors the beggars and the needy are chased away and the affluent entertained! The morsels that you chew, you must first look at carefully! Leave aside those morsels that give you some suspicion. O Ibn e Hanif! Fear Allah and remain contented with your own bread so that you get relief from the fire of the Hell!”

Some reports of misdemeanor came about Ashas ibne Qais, who was the governor of Azer Baijan since the times of Hazrat Othman. After the Battle of Jamal, Hazrat Ali (a.s.) wrote to him,“You are the treasurer of all the funds of Allah that are in your trust till you hand them over to me!” Ashas understood that he was about to be dismissed. He gathered whatever amounts he could and told to some of his friends about Hazrat Ali (a.s.)’s letter and also that he intended to go under the protection of Muawiya. His friend said that it was not proper for him to leave behind his tribesmen and go to Syria. On the advice of his friends he gave up his intention of going there. Hazrat Ali (a.s.) sent Hajar ibne Adi to him, who somehow brought him to Koofa. When his baggage was rummaged, they recovered 400,000 Dirhams in cash. Hazrat Ali (a.s.) gave him 30,000 Dirhams as a compensation for his services and the rest was transferred to the Bayt al Maal.

Manzar ibne Abdi, whom he appointed as the governor of Astkhar did some misappropriation. Hazrat Ali (a.s.) wrote to him,“I have been informed that you are losing your Hereafter to make this world! You are breaking your link with the Faith and doing favors with your relations! You don’t deserve to be in a position of trust or to depend on you for protecting others from misappropriation. Therefore! As soon as you get this letter, come and report to me!” When Manzar came, his accounts were audited. It was found that he was short of 20,000 Dirhams. But he denied having that money with him. Hazrat Ali (a.s.) asked him to make the statement under oath, that he refused. He was sent to the jail. After some time he was released at the instance of Sasa ibne Sauhan.

Reports of cheating came about Ziad ibne Sumia, who was on a deputation in place of Ibne Abbas, at Basra. Hazrat Ali (a.s.) wrote to him,“If I find that you have misappropriated the funds of Muslims and you have done malpractice in anything big or small, I shall give you such punishment that will make you empty handed, weak and discredited among people!”

Hazrat Ali (a.s.) wrote to the governor of Ardshir Khara, Musqala ibne Habira,“The funds that were earned through the tips of the Muslims’ lances and the hoofs of their horses, for which they had shed their blood and sweat, you are distributing to the Bedouin of your tribe. If this is proved right, you will come down in my estimation! In this fund, the Muslims who are with me here and those who are with you there, are equal partners!”

When some persons from Bani Tameem complained about the harsh treatment of Ibne Abbas, Hazrat Ali (a.s.) wrote to him,“May Allah be kind on you! Whatever good or bad that comes from your mouth and the hands about the people, don’t hasten in doing that! Remember, we are both equal partners in whatever you do!”

Hazrat Ali (a.s.) wrote to the governor of Halwan, Aswad ibne Qatba,“When a person in authority has different attitudes towards different persons, then mostly it may not be a just act! Therefore justice demands that all people must be equal in your consideration! Protect your psyche and protect the people to the best of your ability!”

67. THE DEPARTMENT OF JUSTICE

One of the important functions of the state is the dispensation of justice to the people. It has to constitute such courts that unbiased and fair judgements are made on disputes between the citizens.If the poor and needy are not protected by the state, the foundations of such a state become weak and peace will not prevail there for long. This will bolden the perpetrators of cruelty on one side and on the other the suffering poor might rise in rebellion. Therefore it is said,“Al malak yabqi maa al kufr wa la yabqi maa al zulm---a country can exist with infidelity but not under oppression.”

The constitutional regimes of the world form courts for civil, criminal and small causes, but people have to make rounds of the courts for hearings and pay heavy fees to the attorneys seeking redressal for, in most cases, a just cause. But Islam has devised such system of justice that, if it is followed properly, neither there will be any difficulty in delivering justice nor the supplicant will have to be burdened with heavy expenses. In this system there is no scope for partiality or bribery. In Islam only such persons are authorized to deliver justice who have attained a high degree of piety.and have a Ijtehadi awareness of the Islamic law of justice. They must be self-respecting and with a clear conscience. They have to be highly respected persons in the society so that they don’t stoop to bribery and favoritism in dispensing justice.

Hazrat Ameer al Momineen (a.s.) gave special attention to the department of justice during his regime. At every prominent place he constituted courts. He appointed as Qazis only persons of piety, honesty, integrity, and knowledge about the Islamic Laws and jurisprudence. Hazrat Ali (a.s.) himself had served as a Qazi during the time of the Prophet (s.a.) and he is known for his dispensation of justice in the annals of the History of Islam. After this practical experience, none could match his skills in the organization of the department of justice. Keeping the human weakness in mind, he provided sufficient compensation to the Qazis that they needn’t think of malpractices and bribery in the discharge of their duties. As a check, strict vigilance was kept on their activities and the lifestyles. If any suspicions arose, they were either reprimanded or removed from their positions. Therefore the Qazi of Koofa, Shari Ibne Harith, who was serving in that position since the times of Hazrat Omer, was found that he had bought a house for 80 Dinars. Hazrat Ali (a.s.) called him and said,“I have heard that you have bought a house for 80 Dinars!” Shari replied,“Yes!” Hazrat Ali (a.s.) looked at him in anger and said,“O Shari! Is it that you bought the house with someone else’s money or through illgotten money? If it is so, then you lost this world and the Hereafter too!”

Islam is a religion of justice. It wants to see justice in all walks of life. Then the very purpose of the department of justice is specifically for deliverance of justice! Therefore the Holy Quran says:

“When you settle disputes between persons, settle them with justice.”

The requirement of this justice is that during the hearings the judge must be absolutely impartial and unbiased. Hazrat Ameer al Momineen (a.s.) was very particular about equitable treatment of the contesting parties whether they were Muslim or they were Dimmi. He gave strict instructions to the judges to follow this rule meticulously without any consideration for any one. The author of Dafiaat al Aiyaan has written that with one Dimmi he (Hazrat Ali- a.s.) went as a contesting party to the court of Qazi Shari. Qazi Shari stood up to receive him with due respect. The Imam (a.s.) said,“This is your first injustice!” Once a person was Hazrat Ali (a.s.)’s guest and during the same period he made an appeal against another person in the Imam(a.s.)’s court. He told him that he was a contestant and the Prophet (s.a.) has said that it is against the requirements of justice that the judge keeps one of the contesting parties as his guest and not the other. Therefore he asked him to move away from his place. It is recorded in the books of tradition that once Hazrat Ali (a.s), during the period of Hazrat Omer, visited him in connection with a case. Hazrat Omer addressed him as Ab al Hassan and the contesting party as the opponent! At this signs of unease came on the face of Hazrat Ali (a.s.). When he was asked about his disturbance he said that the requirement of justice is that the way of addressing the contesting parties must be equitable. Addressing the one with his Kunyat and the other in a different way smacks of making difference between the two!

Mentioning about a couple of instances, that are an infinitesimal part of innumerable such instances, it has to be accepted that the eyes of Hazrat Ali (a.s.) used to be focussed on the requirements of justice.and even minute aspects didn’t escape his attention. In the events narrated here, it has certainly become evident that he didn’t like welcoming one contestant to the hearing and neglecting the other, or addressing one with more respect than the other. Such intricacies will be noted by a person who keeps intently focused on the details of the matter. He made the Judges understand that although what they did was not very important but the attitude might reflect the possibility of bias creeping into their verdict. Will there be any person in this world who would object being addressed with due respect, when he is certainly deserving of all respect! But the Imam (a.s.)’s sense of justice was such that he felt that there was an element of bias when the other party and himself were addressed in a different way.

These days we hear a lot that the judiciary must be free of extraneous pressures so that it didn’t become an instrument in the hands of the establishment.and instead of protecting the public interest it starts serving the functionaries of the state. No doubt, to this extent the independence of the judiciary is very essential. The judiciary is the institution for the translation of the laws and statutes into practice and the laws are not restricted to the people but also the state is subservient to them. But this doesn’t mean that the judiciary is given total liberty to act as it wished. There must be someone to review the functions of the judiciary. It is the responsibility of a just establishment to evaluate the judgements of the department of justice and review the decisions wherever necessary. Therefore, Hazrat Ameer al Momineen (a.s.) made it mandatory for the judiciary to communicate the verict on important cases to him.for review before they were pronounced.The author of Wasail writes that the Imam (a.s.) told to the Qazi Shari:

“Beware! Don’t pass any verdict on cases of Qasas or the matters requiring Divine Justice ( Hudood e Ilahiya) and about the Rights of the Muslims before referring them to me.”

Ref: Wasail, Vol 3, Page 395

As far as freedom to the judiciary in the ordinary cases was concerned, he stressed on the Qazis to practice the utmost equity and fairness in their verdicts. He was very particular of the judges not favoring anyone, however important he might be. Therefore, when he was returning from the Battle of Siffin, he lost one of his armof chain. After some time he saw a Christian wearing the same aromor. The Christian insisted that it was his property. Hazrat Ali (a.s.) went in appeal to the court of the Qazi Shari. On inquiry by the judge, the Christian said that the armor belonged to him and that he was in possession of it was the proof of his ownership. Shari asked Hazrat Ali (a.s.) his proof of the ownership of the material. The Imam (a.s.) said,“The aromor is mine! I have neither sold it nor have I gifted iot to anyone!” Shari was confused that on the one hand the claim of Hazrat Ali (a.s.) couldn’t be wrong and on the other hand the respondent had the strong proof of the possession of the material. With the evidence available, the verdict would go against Hazrat Ali (a.s.). The Qazi was reluctant to pass the verdict against him. Noticing this, the Imam (a.s.) told him to give a verdict that was according to the requirement of justice. Therefore the verdict went against Hazrat Ali (a.s.) and the Christian retained the armor with him.

When we analyse this case, several aspects of justice become evident that highlight Hazrat Ali (a.s.)’s great sense of justice. As the head of state he could have passed a verdict on the case. The verdict would have been in his favor only because he knew that the armor was his own stolen property. But he didn’t want the supplicant himself to give a verdict. Therefore he went before the Qazi Shari. Instead of telling to the Qazi that the property was stolen by the respondent or he might have bought it from the thief, Hazrat Ali (a.s.) told that he had neither sold nor gifted the armor to anyone. Although the intent was clear that the property was stolen, he didn’t say that the person was a thief. Although he lost the case, it was his moral victory. The result was that the Christian felt defeated even after winning the case. When he came out of the court he couldn’t look straight into the eyes of Hazrat Ali (a.s.). He apologized to Hazrat Ali (a.s) and said that he had picked up the aromor on the way from Siffin and wanted to give it to him. He praised the Imam (a.s.)’s high morality, sense of justice and in fact, he was so impressed, that he embraced Islam at that instant. Hazrat Ali (a.s.) was very happy that the person had embraced Islam and gifted that armor along with a horse to the him!

68. PROTECTION OF BASIC HUMAN RIGHTS

Every person, on attaining the age of consent, starts feeling on the one hand that certain duties are imposed on him and on the other that the society in which he lives he has certain rghts and privileges. This feeling requires that he recognizes his duties and protect his rights, be the rights the individual rights or the collective rights! He also has to see that not only his rights are not denied, but the rights of his fellow men too are protected. If some impediments come in the way of these rights, he must try to the best of his capabilities to remove them. The biggest responsibility for protecting the rights of the individual and the society rests on the state. Therefore, the states, in their statutes give a pride of place to the individual and human rights. They do this to preclude a feeling of insecurity from the minds of the people

These rights, basically, are four in number.

THE RIGHT TO LIVE:

The first right is the right to live. Every individual in this world has a right to live. The individual or group of individuals have no right to deprive a person the right to live. Islam, which is a system based on the norm of peace, considers murder as the most heinous crime. One blatant murder is termed such a huge sin by Islam as if an entire race has been killed. Therefore Allah says:

“When someone kills a person, neither for taking a life (Qasas) nor for creating mischief, just for the sake of killing, it will be like killing all the people.”

This verse also permits that killing a person who is guilty of Fasad fil Ard ( Mischief on the Earth) is permissible. Because the person himself had been guilty of killing others and creating mischief in the society. Islam prescribing the punishment of a life for a life has very very efficiently controlled the urge for taking human life for no reason at all. A person, before killing any one thinks twice that soon he will meet the same end at the hands of Justice! Therefore the Holy Quran terms the Law of Qasas as the very life of the human race:

“In Qasas is hidden the life for you.”

Similarly killing someone who attacks with an intention of killing too is not forbidden. It is done in self defence.

Islam not only forbids killing someone else, but committing suicide too is a major sin in the Faith. In fact sveering any part of one’s body is not allowed. Man is made the trustee of his life and the act of killing oneself or severing the parts of one’s body too are taboo. Although in some countries suicide is considered an act of valor, but the truth is that it is the worst type of cowardice and defeatist tendency in the person. The Holy Quran has prohibited people from this act:

“Don’t destroy your life because Allah is anyhow Kind on you.”

While Ameer al Momineen (a.s.) was the protecter of the human values, he was also aware of the importance of the human life. He didn’t like or tolerate taking human lives needlessly. Although he was in the forefront during the battles fought during the time of the Prophet (s.a.), he even fought some battles during his reign as well, but all these battles were in self defence and not aggressive battles for conquest and self agggrandisement, as some others did. The Prophet (s.a.) took up his sword when the enemy had attacked. Similarly Hazrat Ali (a.s.) initiated action only when the enemy aggressively came and started hostilities. In fact he always tried to nip the conflict in the bud and find ways of establishing peace with the enemy. Hazrat Ali (a.s.) never made a preemptive attack on the enemy and retaliated only when the attack started from the opposing side. Also, he tried to make the hostilities as short as possible to limit loss of lives on both sides. He refrained from taking men captive and forgave even the known sworn enemies. Therefore, after the Battle of jamal , with a single stroke of pen he gave amnesty to all people of Basra. He didn’t seek any reparations from Marwan, Abd Allah ibne Omer, Abd Allah ibne Zubair and sent the Umm al Momineen from the battle field to Madina with all the respect! The Iraqis and the Syrians who were taken prisoner during the Battle of Siffin were released unconditionally. At the end of the Battle of Nahrwan, the injured Khawarij ( the excommunicated) who numbered 400 were released from detention unconditionally. The people from their tribes were called to take them away. He wanted them to be treated and sent to Koofa after total recovery. Every fair thinking person can make out from the attitude of Hazrat Ali (a.s.) that his purpose in fighting was just to curb the mischief and not to kill men and plunder territories, as was done by some others not very long ago!

While Hazrat Ali (a.s.) was very much against unnecessary blood letting, he didn’t permit anyone’s blood going waste without the application of Qasas. Therefore, when Hazrat Omer was killed, his son Obaid Allah killed Harmazan and a few other innocent persons. Hazrat Othman closed his eyes to this and was not willing to punish th guilty. When Hazrat Ameer al Momineen (a.s.) took reins in his hands, he determined to extract Qasas for the life of Harmazan. But the culprit flew and went to the protection of Muawiya in Syria. Ibne Athir writes:

“When Hazrat Ali (a.s.) took reins of office, he decided to get Obaid Allah executed, but he (the culprit) escaped to Muawiya in Syria.”

Ref: Tareeq e kamil, Vol 3, Page 40

Obaid Allah ibne Omer was finally killed fighting against Hazrat Ali (a.s.) in the Battle of Siffin.

THE RIGHT OF THOUGHT:

The second right is the freedom of thought. This means that every individual must be free of extraneous pressures in his thought process so that he is able to independently decide what is good for him and what is bad. If this freedom of thought is curbed, then he will say a thing is good if the powerdul say it is good, and he will accept a thing as bad when the persons in power say that it was bad. He will thus be subservient to the thinking of others and will not have any independent opinion about things. The freedom of thought is the most important aspect of freedom and wherever it is curbed, there the society becomes retrograde.

Islam brought forth this freedom of thought to its followers and broke all the oppressive practices of the Days of Ignorance. There is no place for coercion in Islam and its beliefs have never been forcefully thrust on anyone. Those who wanted to embrace Islam were invited to freely think about it and decide for themselves if they were willing to embrace the Faith. Therefore the Quran tells in very clear terms:

La ikraha fid Deen qad tabbayyan ar Rashd min al ghayee

There is no coercion in Islam and guidance is evident against waywardness.

The period of Ameer al Momineen (a.s.)’s reign was a period of independence of though for the people. When, at the end of the third caliphate the people wanted to owe their allegiance to him, Hazrat Ali (a.s.) asked them to think over the matter before casting their lot.He gave them a full week to think over the matter. Hazrat Ali (a.s) had in his mind that in their selction the people should not act on the spontaneous emotions because such decisions are not durable. One day they decide something in a hurry and the next day they go back on it. So, instead of making an emotional decision at the spur of the moment, they must make a well considered and thought of decision. Although the cunning and seasoned politicians take advantage of such emotions of the people and win their election campaigns with this policy. But Ameer al Momineen (a.s) gives the people all the time to think and decide. Such an example cannot be cited in the annals of the elections anywhere in the world.

Similarly in the matter of religion neither he closed the avenues of thought nor he enforced any change of Faith under coercion. People of all faiths, viz: Jews, Christians, Majoos etc had total freedom to practice their creeds.

THE RIGHT OF ACTION

The third right is the right to act. Man is free, to a certain degree, to act the way he wishes to. He cannot be forced to act contrary to his own wishes. He will do what he himself thinks is right for him and shuns what he thinks is harmful. He is within his rights to do this as far as his action doesn’t go against the interest of the people in general. Therefore certain restrictions are imperative with the right of action. In every civilized society such restrictions are deemed necessary.

Hazrat Ameer al Momineen (a.s). believed in freedom of action as well as freedom of thought. He never forced any person to do things that he personally didn’t want to do. Therefore, when some persons refused to owe allegiance to him, he didn’t force them to agree. When Talha and Zubair went back after pledging their allegiance to Hazrat Ali (a.s.), he told them that no one forced them to do the Bai-at. When they wanted to go to Makka, he told them that it would be better for them to stay at Madina. But when they insisted on going, he told them that if they wished to go, they might. About Hazrat Omer the history records that he forced important Companions to stay put in Madina lest they go out and hatch conspiracies against him! But Ameer al Momineen (a.s.), despite knowing the nature of the two persons that their intention in traveling was to create mischief, didn’t curb their freedom of action. But when they headed towards Basra for raising a rebellion, it became necessary to control them. Similarly Muawiya too raised the standard of rebellion in Syria and steps had to be initiated against him. The step was not taken because he had refused to owe allegiance to the Caliph. The action was necessary because he was creating mischief and disturbing law and order in the realm. Muawiya was only a governor in a province and his action was a clear rebellion by any standards of statecraft. Similarly the khawarij were left to their own scruples till they crossed their bounds and started to become rebellious.

Hazrat Ali (a.s.) respected the freedom of action of the individual so much that even in very delicate situations he didn’t interfere with it. Even during battles he allowed this privilege to persons. When he received word that some persons had escaped to Syria, he told to Sahl ibne Hanif, the chief of Madina,“I am told that some of your people are stealthily going to Muawiya. Don’t worry about those who have gone. These are worldlywise persons.and they will bend towards worldly things! They have understood, seen and felt justice and learned it well that here, according to their rights, all are equal. Therefore, they have run away to a place where partiality is rampant!” One can know from these few instances to what extent he allowed personal freedom to people: be it a friend or a foe, strong or weak, a known person or a stranger; none was deprived of this freedom. And this is the freedom that the people of a civilized society demand from their rulers. The purpose of this freedom is not that people keep doing anything they wanted to do. When the establishment finds that people have abused the freedom given to them, then drastic action can also be instituted against such persons.

RIGHT OF RACIAL EQUALITY

The fourth right is the right to racial equality. This means that discrimination on the basis of race, color and geographical origin has to be done away with. Every person, by virtue of the fact that he is a human being is entitled to the same respect as any other human being. All the social and economic rights for all individuals in the society have to be maintained at the same level. It is immaterial whether the person is rich, poor, Arab or Ajam, rich or poor, black or white. They are all the creature of the same Allah and belong to the human kind. The differences tha existed among the people were the creation of the Days of Ignorance. This was done to put into the minds of the people that some were superior to others! Allah says in the Holy Quran:

“O people! We have given birth to you from man and woman. We have sent you to different families and tribes so that you come to know each other. For Allah the most felicitous is one who is more pious than all others.”

Hazrat Ameer al Momineen (a.s.) was the torch bearer of Islamic equality and the guardian of human rights. He treated Qarshi, Arabi, Ajami, freemen, slaves and everyone else on an equal footing. He didn’t tolerate discrimination between men on the basis of tribal and racial differences.

From the Bayt al Maal, a freed slave would get as much allowance that was received by a Qarshi. The way he treated others, he had the same attitude towards his own relations.He never took others and outsiders for granted. His attention was shared in equal measure by all. Once he learned about a governor that he had misused some money. He wrote to the person,“By Allah! If Hassan or Hussain (a.s.) had done what you did, I wouldn’t have shown any consideration to them, nor would they be able to influence my decision!” This was the equity of treatment that the Vicegerent of the Prophet (s.a.) presented to the world. Today the Charter of Human Rights is given much importance by all the nations in the world. But Ameer al Momineen, in his time, practiced all the norms of human and the individual’s rights that are very dear to the people in these modern times!