The Conception of the Sahaba's Ultimate Decency And the Political Authority in Islam

The Conception of the Sahaba's Ultimate Decency And the Political Authority in Islam8%

The Conception of the Sahaba's Ultimate Decency And the Political Authority in Islam Author:
Translator: A Group of Scholars
Publisher: Ansariyan Publications – Qum
Category: Debates and Replies
ISBN: 964-438-091-6

The Conception of the Sahaba's Ultimate Decency And the Political Authority in Islam
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The Conception of the Sahaba's Ultimate Decency And the Political Authority in Islam

The Conception of the Sahaba's Ultimate Decency And the Political Authority in Islam

Author:
Publisher: Ansariyan Publications – Qum
ISBN: 964-438-091-6
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Table of Contents

Preface 15

Part 1 - Chapter 1 19

1. the Lexical Meaning of Sahaba 19

A. in Lexicons 19

B. in the Holy Quran 19

C. Induce the Quranic Verses for Providing for the Lexical Meaning 19

D. Lexical Aspects of the Idiom 19

2. Terminological Meaning of Sahaba 20

A. An Explanation of bn­Hajar's Definition 20

B. bn­Hajar's Estimation of this Definition 21

C. Means of Recognizing the Sahaba 21

D. The Entire People are Sahaba 21

Chapter 2 - Sunnis' Conception of the Sahaba's Ultimate Decency 24

The Sunni Scholars’ Argument Regarding this Conception 24

Tenor of Sunnis' Conception of the Sahaba's Ultimate Decency 24

Punition of Dissents of the Sahaba's Ultimate Decency Conception 25

The Mystery Beyond Such An Extreme Harshness 25

Recall 25

An Attempt for Mitigating Such A Hyperbole 25

Denying and Eradicating this Attempt 25

Effects of this Opinion of Generalization 26

Wonderment and End Result 26

Criticism of the Conception 27

Unanimity and Discrepancy 27

An Endeavor for Reconciling 27

The Benefit of Such A Classification 28

Discrimination is A Divine Norm 29

Evidence of Legal Discrimination 29

Classes of Sahaba 29

Classification Of The Sahaba As Posited By Al­Hakam In His Al­Mustedrak 30

Approach of Discrimination in Islam 31

Pillars Of Discrimination And Courses Of Decency 31

Estimating the Criteria 32

Wonderment 32

Chapter 3 - Outward Refutation of the Conception 34

First Face: Admission and Witnesses 34

Second Face 34

Prefatory Perusal 35

1st - Confusion 35

2nd - Suggestive Words 36

3rd - Protection and Covering Up 36

A Topical Refutation of the Sahaba's Ultimate Decency Conception 37

The Wonder of Wonders 38

Aspect of Annulment 38

Expatiating and Proving Aspects of Annulment 38

I. the Conception Opposes Categorical Quranic Texts 39

Manifestation Of Hypocrisy 39

Categorical Divine Judgment 39

Examples Of Contradiction Between The Holy Quran And The Sahaba's Ultimate Decency Conception 40

Explication of the 3 Examples 41

1. God's Judgment In The Three Individuals 41

2. Sunnis' Judgment Respecting The Three 41

2 The Conception Opposes the Prophet's Traditions - 6 Examples 41

A Solicitation To Scrutinizing The 6 Examples 43

3 The Conception is Contradictory to Actuality - 7 Examples 44

Explication Of The 7 Examples 46

4 The Sahaba's Ultimate Decency Conception Opposes the General Spirit of Islam, Concept of the Unforeseen End Result and Concept of Cause Finale 46

Explication of the Above Texts 48

Incoherence of the Conception 49

Remarks 49

The Sahaba's Role in Legislation 50

Chapter 4 - the Sahaba's Ultimate Decency Conception At Shias 52

1. Shias' acceding to the Sahaba 52

2. for Shias, Who are the Sahaba? 52

3. The Basic Difference Point 53

4. Shias' Supplication for Mohammed's Companions 53

The Most Well Memorized Supplication of the Shiite 53

Chapter 5 - Grounds of Consideration of Sahaba 55

Bn­Abbas describes the Sahaba before Muawiya 55

The Will of Hutheifeh­bn­Al­Yeman, the Sahabi 55

Az­Zubeir and the End Result 56

Talha and the End Result 56

Confederates Kill Each Other 56

Ammar­bn­Yasir's Satisfactory End Result 57

Muawiya's Argument 57

Muawiya Penalizes Othman's Assassinators 57

Al­Hassan Al­Basri's Impression on Muawiya 57

Muawiya's Zenith of Glories 58

Muawiya's Officials Revile At Ali 58

Chapter 6 - The Right Course to Recognizing the Decent Sahaba 59

Topical Introductory 59

Inspecting the 2 supplications 59

A wonderment 59

Prospects 59

Explication 59

The solving method 59

Obstructions Of The Solving Methods 60

Conclusive Judgment of the Sahaba's Decency - Recall and Abstract of the Views of Sunnis and Shias 60

Confusion 61

An Event for the Shariite Disclosure 62

The Entire Sahaba's Decency 62

Logical Characterization 63

Wonderment 63

Abstract 63

How should we discriminate the indecent Sahaba? 63

Submission to the Authority Nominated By the Prophet is the Clue to Decency 64

The Decent Sahaba 64

Models of the Sluggish Iraqi and Syrian Individuals 65

Those Who Complied to Muawiya 65

Part 2 - Chapter 1- The Tribal Root 67

The Impermissibility to Combine Caliphate and Prophesy 67

A. the Clans of Quraish 67

B. the Political Form 67

C. Endeavors for Shaking the Form 67

D. the Augury of Prophesy 68

E. the Declaration of Prophesy 68

F. the Hashimites' Guarding Mohammed 68

G. Not for the Favor of the Pagans, It Was Envy, and Preserving the Political Form 68

H. Not for the Favor of the Pagans, the Wars Were Due to Envy and Preserving the Political Form 69

I. the Hashemite Prophesy is An Inescapable Fate 69

J. the most enthusiast clan towards occluding the Hashemite advancement 70

K. The Preeminent Trend 71

L. The Immaculate Kinship is the Statutory Base of Caliphate 71

M. The Rebellion and the Dissipation of the Preeminent Trend 71

The literal quotation of this narrative 72

N. Statutory Ground of Intercepting the Hashemites from Joining Headship to Prophesy Conception 74

O. Effects of Practicing the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 75

The First Effect 75

The Second Effect 75

The Third Effect 76

The Fourth Effect 76

Chapter 2 - Political Roots of the Sahaba's Ultimate Decency Conception 77

Islamic political system 77

A. Contradiction Between Idealism and Reality 77

B. the Islamic Political System 77

C. Pillars of the Islamic Political System 78

1st Pillar - Political Leadership 78

Purpose Of The Divine Election For Political Leadership 78

2nd Pillar - Organic Relationship Between Divine Doctrine And Selected Leaders 78

3rd Pillar - The Divine Jurisprudential Formulation 79

4th Pillar - The Commonalty's Contentment 79

Simplicity of the Islamic System 80

Political Circumstances of Inventing the Sahaba's Ultimate Decency Conception 80

Disregarding the Announced Goal for Dissenting the Legality 83

Renaissance After Inadvertence 83

Hypotheses Serving the Factuality 84

Chapter 3 - Purpose of Inventing the Sahaba's Ultimate Decency Conception 85

1. Substantiation 85

2. Immunity Against Criticism, Maligning, Reviling and Imputing Dishonor 86

3. Confronting Rivals of Muawiya and His Faction 86

4. Engaging Muslims in Discrepancies 86

Grounds of the Sahaba's Ultimate Decency Conception 87

Ahaadeeths Narrators 88

Muawiya's Merits 88

Ashafi'i's Impression on Muawiya 89

Al­Hassan Al­Basri's Saying 89

The Entire Sahaba's Ultimate Decency Conception is Having Umayid Flavor 89

Chapter 4 - The Jurisprudential Roots of the Sahaba's Ultimate Decency Conception 90

The Jurisprudential Authority 90

The Two Authorities 90

1. The Sunnis' Authority is the Entire Sahaba 91

What Is The Doctrinal Base Upon Which Sunnis Relied In Referring To The Sahaba As Legal Authority? 91

2. The Shias' Authority is the Imams and the Authentic Sahaba 91

What Is The Doctrinal Base Upon Which Shias Relied In Referring To The Imams As Legal Authority? 92

Role of the Two Authorities 92

Role Of The Authority At Sunnis 92

Role Of The Authority At Shias 93

Difference in Base is Difference in Effects 93

Numerous Authorities 95

The Doctrinal Judgment About The Variety Of Authorities 96

Cancellation Of The Doctrinal Authority Necessarily Entails Founding A Surrogate One 96

The Only Way Of Founding A Surrogate AuthorityWAS Fabricating The Entire Sahaba's Ultimate Decency Conception 97

The Conception Would Have Proved Its Failure If It Had Been Invented By Other Than The Rulers 97

The Surrogate Authority Became Legitimate 97

The Solution 98

In the Absence of the Doctrinal Authority 98

The Jurisprudential Dissent 98

Roots Of The Aggressive Prosecution Against The Prophet's Household 99

Property Of The Immaculate Kinship To The Prophet 99

Prospect Of This Property 100

Meanings Of Property Of The Immaculate Kinship 100

Functions Of The Immaculate Kinship Of The Prophet 100

Reasons Beyond Granting Property 101

Incentives 101

This Property Was Used As A Political Argument In Various Ages 101

The Rulers' Political Treatment With The Prophet's Immaculate People 103

Categories Of The Prophet's Kinship 105

Dismissal Of The Immaculate Progeny 106

Representation Of The Prophet's Progeny's Property 106

Chapter 5 - Prospects Attached to the Sahaba's Ultimate Decency Conception 107

Finding Competitive Specifications 107

A Factual Example 108

Another Factual Example 108

Expounding Upon the Previous States 108

A Striking Surprising and A Wonderment 109

Fulfillment Of The Mission 109

Finding Competitive Protection 109

In Respect of Proclamation 109

Examples on What the Sahaba Gain from the Entire Sahaba's Ultimate Decency Conception 110

Texts for Reflecting on 110

Wonderment 111

Imparting the Argument By A Medium 111

Expansion in Issuing Verdicts 112

A Principal Restraint on the Narrators 113

Part 3 - Chapter 1 - Signification of Authority 115

Coherence of Authority and Doctrine 115

Authority is A Matter of Specialization and A Technique of Thorough Experience 116

Variety of Authorities 116

Difference Between Doctrine and Authority 117

Wisdom of Effecting the Authority 117

The Authority is An Undeniable Fact 118

Chapter 2 - The Doctrine 120

Two Categories of Doctrines 120

Creating Doctrines and their Essences 120

Characteristics of the Islamic Doctrine 121

The Dogmatic Depiction 122

The Divine Jurisprudential Formulation 122

Chapter 3 - The Competent Practitioner of Nominating the Authority 124

Missions and Functions of the Authority Nominated By God 124

The Authority in the Prophet's Reign 126

The Authority After the Prophet 126

A Preliminary Review To The Actuality 127

The Need Of An Authority After The Prophet 127

Wonderments in Need of Answers 128

Chapter 4 - the Muslims' Attitudes Towards the Authority After the Prophet 129

Who is the Authority Succeeding the Prophet? 129

The Sunnis' Opinion: the Claim of the Prophet's Leaving His Nation Without Nominating A Successor Or An Authority 129

Settlement of the Claim of the Prophet's Leaving His Nation Without An Authority 130

The Prophet’s Successor According to the Sunnis' Opinion 132

For Sunnis, the Prevalent Ruler is the Authority 133

The Representative Authority 133

Congregational Authority for Sunnis 135

Roles of the Authorities for Sunnis 136

Chapter 5 - The Surrogate Authority 138

The Consummation of Installing Features of the Surrogate Authority 138

The Clamorous Encounter 138

Analysis of the Encounter 140

Parties of Encounter 140

Preliminary Results of the Encounter 140

1. Dissension 140

2. Emanation Of A New Huge Trend 140

3. Emergence Of The Ideas Of Predominance And Preferring The Follower To The Master 141

Two Similar Occurrences 142

4. Success And Mastery Of The Prevalent 143

5. Dismissing The Prophet's Immaculate Progeny 144

The New Stuff of Authority 145

Effects of Opposition 146

Chapter 6 - the Authority After the Prophet 147

Shia’s Opinion 147

A. Requisiteness of Authority 147

B. the Divine Declaration of the Authority 147

The Leader and the Authority Nominated By God 149

Reasons Beyond Hostility of Sunnis to Shias 149

Sunnis' Velocity 150

Replication on that Velocity 150

The Two Authorities 150

God is The Nominator Of The 2 Authorities 150

Shariite Proof Of God's Nominating The Individual Authority 150

A Model of the Ghadeer Declaration 152

The Doctrinal Assertion on Ali's Leadership 152

Guidance After the Prophet 153

The Attester After the Prophet 153

The Shias' Congregational Authority 153

The Fruit of the Shias' Pursuing the Doctrinal Authority 154

Part 4 - Chapter 1 155

Regulations of the Society Movement 155

Harmony and Perfection Between the Divine Doctrine and the Political Leadership 155

Qualifications of the Doctrinal Political Leadership 156

Adept At Assuring Availability of the Qualifications Involved 157

The Acceptingness of the Divine Volition 157

The Refusal of the Divine Volition 158

Varieties of Refusal of the Divine Volition 158

Chapter 2 - The Pre-Adamic Divine Preparations for Nominating the Prophet's Successor 160

Before the Birth of Adam 160

In Front of the Solicitation 160

Following the Prophesy 161

Declaring the Succession After the Declaration of Prophesy 161

Declaring and Arranging for the Heir Apparent 162

1. The Credit 162

2. The Fraternity 162

3. The Wilaya 163

Showing Loyalty and Affection to Ali is Estimated As Same As Showing Loyalty and Affection to Allah 164

The Consecutive Declarations and Arrangements for Ali's Next Leadership Were God's Mandate 164

Chapter 3 - The Wali is the Master, the Imam and the Leader 165

The Most Consequential Objective Qualifications Enjoyed By the Leader Succeeding the Prophet 166

Allah's Confidant and the Apostle's Successor is the Knight of Islam 167

Chapter 4 - Allah's Marrying His Confidant and His Apostle's Successor 169

The Good Tidings 169

The Blessed Progeny 169

The Habitation of the Prophet and His Successor 170

Ali is the Prophet's Disciple 170

Denial of the Prophet's Nominating Ali As His Inheritor 171

The Endowments Exclusively Enjoyed By the Leader and the Prophet's Successor 171

The Immunization of the Leader and the Prophet's Successor 172

Chapter 5 - Crowning Ali the Leader and the Prophet's Successor 173

1. When: the Farewell Pilgrimage 173

2. Where: Ghadeer Khum 173

The Divine Mandate of Nominating the Leader and the Prophet's Successor 173

The Verse of Tabligh 174

The Style of the Decision of Nominating the Leader and the Prophet's Successor 174

1. The Text Related By Hutheifeh­bn­Useid Al­Ghefari And Recorded in At­Tabarani's Al­Kabeer 174

2. The Text Related By Zaid­bn­Arqam 175

3. The Text Related By Al­Bera­bn­Azib 175

4. The Text Related By Sa'd­bn­Abi­Waqqas 175

5. The Text Related By Sa'd In Another Form 175

The Perception of the Decision and Receiving Congratulations 176

Texts Quoted from the Immortal Decision of Nominating Ali for the Leadership 176

The Hadith of Ghadeer and the Event of the Nomination is A Certitude 177

The Ghadeer Festivity 177

Fasting On The Day Of Ghadeer 177

Chapter 6 - The Perfection of the Religion and the Completion of the Grace By Nominating the Imam 179

The Divine Disposition of the Transference of Imamate After the Leader's Decease 180

The Specialist in Nominating the Prophet and the Imam 180

The Conscript Imam 180

The Authority in Charge of Nominating the Successor of the Prophet's Successor 181

The Wisdom of Dedicating Imamate to Mohammed's Progeny 182

People's Role in the Process of Nominating the Imam 182

Disintegration Between Actuality and Legality 183

The Legal Imams 183

Exposing the Future for the Leader and the Prophet's Successor 184

The Collapse of the Jahilite Political Form 184

Chapter 7 - the Rebellion 186

The Historical Circumstance that Helped the Rebellion Prevail and the Legality Retreat 186

A. the Clans of Quraish 186

B. the Political Form 186

C. Endeavors for Shaking the Form 186

D. the Augury of Prophesy 187

E. the Declaration of Prophesy 187

F. the Hashimites' Guarding Mohammed 187

G. Not for the Favor of the Pagans, It Was Envy, and Preserving the Political Form 187

H. Not for the Favor of the Pagans, the Wars Were Due to Envy and Preserving the Political Form 188

I. the Hashemite Prophesy is An Inescapable Fate 188

J. The Preeminent Trend 190

K. the Immaculate Kinship is the Statutory Base of Caliphate 190

L. the Rebellion and the Dissipation of the Preeminent Trend 190

The Literal Quotation Of This Narrative 191

M. the Statutory Ground of the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 193

N. Effects of Practic€ing the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 194

1st Effect: The Total Disappearance Of The Discrimination Between Those Who Fought Against Islam And Those Who Fought For Its Sake Till Triumph Was Achieved 194

2nd Effect: Seeding And Sheltering The Unceasing Discrepancy 194

3rd Effect: Excluding The Hashemites Particularly From Coming To Power 195

4th Effect: Confusedness 195

Chapter 8 - Introductories to the Rebellion 196

With the Prophet in His Final Disease 196

The Encounter: Parties and Preliminary Results 197

1. Dissension 197

2. The Emanation Of A New Huge Trend 198

3. Emergence Of The Ideas Of Predominance And Preferring The Follower To The Master 199

Two Similar Occurrences 199

4. Success And Mastery Of The Prevalent 201

5. Dismissing The Prophet's Immaculate Progeny 201

6. Seizure of the Power 203

1. Recollection And Reconnection Of Events 203

2. The Conclusive Success 203

The Two Choices 204

Dress of Legality 204

Chapter 9 - Aims and Objects of Al-Faruq 205

The Ideal Solution 205

Probing the Solution 205

Al­Faruq's Adopting and Developing the Saying 205

Like their Alliance Against the Prophet, People of Quraish Allied Against His Successor 206

The Quraishis Were Planning While the Hashemites Were Drowned in their Grief 207

The Punctilious Planning 207

The First Fruit Of The Planning 208

Planning for Defeating the Hashemites 208

Benefiting the Same Preponderancies for Achieving Aims 209

Equality, Opportunity and Objectivity 209

The Authority Capable of Defeating the Divinely Elected Leader, and the Flawless Cabal 210

The Saqeefa Meeting 211

Unanswerable Questions 211

Who Conveyed the News of the Meeting? 211

Two Men from the Ansar 211

Chapter 10 - Objective Analysis, and Denial of Serendipity 213

The Entering of the Three Muhajirs 215

The Purpose Beyond The Three Muhajirs' Participation 215

In the Saqeefa 217

The Greatest Humanitarian Wealth 218

The Legal Arguments of People of Saqeefa 218

The Argument of the Present Ansar 219

The Purpose of the Three Muhajirs 219

The Legal Arguments of the Three Muhajirs 220

Summary of Abu­Bakr’s Argument Provided Before the Ansar 220

Summary of Omar’s Argument Provided Before the Ansar 220

The Ansar’s Replication 220

Expectation and Substantiation 220

The Caliph Should Be One of Those Three 220

The First Declarer of Fealty 220

Nominating and Swearing Allegiance to the Caliph 221

The Reward 221

Spreading of the News of the Declaration 221

The Unequal Confrontation Between the Divinely Nominated Leader and the New Power 222

The Foremost Declarer’s Judgment 222

An Activity 222

Humiliating and Threatening the Divinely Nominated Leader for Taking His Declaration of Fealty 223

An Endeavor for Seeking Az­Zahra’s Affability 223

Abu­Bakr Aimed At Abdicating 224

The Final Situation of the Divinely Nominated Leader 224

Mystery of the Quraishis’ Rejecting Ali’s Leadership 225

Anticipating The Falling Of The Critical Matter 225

The Fair Partitioning 225

The Quraishi Clans’ Forming a Team 225

Chapter 11 - Depriving the Hashemites of their Political Rights 227

What is the Idea of Deferring the Hashemites 227

Disclosure of Hiddens 227

Al­Faruq’s Expressing the Reasons 228

Al­Faruq’s Impression on the Impracticality of the Hashemites’ Joining Leadership to Prophesy Slogan 228

The Exaggeration In Loyalty To The Slogan 229

Was The Slogan Allah’s Order? 229

What for was Al­Faruq, then, Adherent and Sincere to the Slogan? 230

Al­Faruq’s Situations Towards the Divinely Nominated Leader and the Prophet’s Household 230

On the Intersection of Courses 232

Collapses 232

The Ruling Authority And The Opposition 232

Two Choices Before the Opposition 233

Two Choices Before the Nation 233

Discrepancy of People 233

1. Sunnis 233

2. Shias 234

Notes 236

Part 1 236

Part 2 237

Part 3 240

Part 4 245

The Second Court Session

First Tragic Scene: “List of Witnesses”

The court session resumed at 10AM sharp and after greeting remarks, the Chief Justice said:

Chief Justice: Thank you everyone, I’d like to stress once again the importance of abiding by the rules and regulations of the court and completely refraining from voicing any comments or reactions during the court proceedings. Otherwise, I will have to remove the violators from the courtroom. Thank you for your anticipated cooperation.

As for the defense motions which were presented yesterday, all of the judges have unanimously rejected the First motion, but accepted the Second motion with the condition that it would be within strict limits to both the defense and prosecution teams, and has accepted the Third motion. So, from now on, the jurors will be sequestered from the media (The Supreme Justice looks towards the jurors). We apologize for that and we ask that you fully cooperate with us by avoiding reading the daily newspapers and viewing media coverage which provides daily news and comments about this case. Of course this also includes internet access and receiving phone calls which are directly related to the case. Thank you.

Now, since the parties in this case have departed this world long time ago, both the prosecution and defense agreed upon depending on historical text references to provide events, evidences, and witnesses in this case. It is the right of the defense to discuss and refute every evidence or witness the prosecution presents. In the end, the verdict will be for the judges and jurors.

The prosecution has submitted a list of historical books and references which they will depend on in their presentation. This list will be recited out loud to you shortly, along with the names of their authors. The defense will have the right to object any of them if they feel that it is biased or not trustworthy for them.

In such case, the judges and jurors many only use these rejected references for the purpose of reassurance, but not to solely depend on them in deciding the truthfulness of the data. In other words, if a testimony was presented from one of the approved references (by both the prosecution and defense), then another testimony supporting that same testimony was presented from a controversial source, the jurors and judges may rely on them only for reassurance of the information that was presented in the approved source.

It is the right of the defense to respond or comment on any point presented. It is also the right of the prosecution to rebut in order to clarify any point to the jurors and judges, not just for the sake of argument. Re-rebuttal will also be allowed for the defense.

It has been decided that the judges have the right to question the prosecution and defense teams in any point raised or information presented. It will also be the right of the jurors to pose any question to both teams for clarification after they start deliberations and before reaching their verdict.

The court secretary will now begin to recite the list of historical books and references which the prosecution presented. The defense must respond to each of these references by either saying, “accepted” or “not accepted”.

There is a projector screen located on the witness stand which displays the name of all these books. During court proceedings, the names of each of the sources and references will be displayed on that screen, along with the page number and a screenshot of the original copy of the page. This will be made visible to the judges and jurors via their laptops available in front of them. Now, the court secretary may go ahead and recite out loud the list of the history books and references.

Court Secretary: (stands up and holds a paper from which she recites)

Thank you your Honor. Here is a list of references and history books which the prosecution has submitted. I request the defense to answer “accepted” or “not accepted” after the name of each book is recited.

1) Maqtal Al-Husayn Lil Khwarizmi (The Killing of Al-Husayn by Khwarizmi)

Defense: (representative stands up) Accepted

Court Secretary: 2) Tarikh Al Tabari (History by Tabari)

Defense: Accepted

Court Secretary: 3) Tarikh (Al Kamel) / Ibn Al Atheer (History by son of Atheer)

Defense: Accepted

Court Secretary: 4) Murooj Al Dhahab Lil Mas’oodi (Block of Gold of Mas’oodi)

Defense: Accepted

Court Secretary: 5) Tarikh Al Ya’qoobi (History by Ya’qoobi)

Defense: Accepted

Court Secretary: 6) Al ‘Aqd Al Fareed Li Ibn ‘Abd Rabbo & Sharh Al Nahj Li Ibn Abi Al Hadeed

Defense: Accepted

Court Secretary: 7) Al Bedaya Wal Nehaya Li ibn Katheer (The

Beginning and the End by Ibn Katheer)

Defense: Accepted

Court Secretary: 8) Mizan Al E’tedaal Lil Dhahabi (The Scale of Balance by Dhahabi)

Defense: Accepted

Court Secretary: 9) Irshad Al Sheikh Al Mufid (The Guidance of Sheikh Al Mufid)

Defense: Not accepted

Court Secretary: 10) Maqatel Al Talibiyeen Li Abi Al Faraj Al Esfahani (The Massacres of Talibiyeen by Abi Al Faraj Al Asfahani)Defense: Accepted

Court Secretary: 11) Tarikh ibn ‘Asaker (History of Ibn ‘Asaker)

Defense: Accepted

Court Secretary: 12) A’laam Al Wara Lil Tabarsi (Events of the Past by Al Tabarsi)

Defense: Not accepted

Court Secretary: 13) Maqtal Al ‘Awalem Ibn Nama (The Killing of the Famous Personalities by Ibn Nama)

Defense: Not accepted

Court Secretary: 14) Al Khasa’es Lil Soyouti (The Characteristics by Soyouti)

Defense: Accepted

Court Secretary: 15) Tarikh Al Kholafaa Lil Soyouti (History of the Caliphs by Soyouti)

Defense: Accepted

Court Secretary: 16) Al ‘Isaba Li Ibn Hajar (The Target by Ibn Hajar)

Defense: Accepted

Court Secretary: 17) Manaqib ibn Shahr Ashoob (Virtues by Ibn Shahr Ashoob)

Defense: Not accepted

Court Secretary: 18) Motheer Al Ahzaan Li Ibn Nama (Instigator of Grief by Ibn Nama)

Defense: Not accepted

Court Secretary: 19) Seyar A’laam Al Nobala Al Dhahabi (Autobiographies of the Nobles)

Defense: Accepted

Court Secretary: 20) Al Lohoof Li Ibn Tawoos

Defense: Not accepted

Court Secretary: 21) Al Sawa’eq Al Mohreqa Li Ibn Hajar (The Burning Lightening by Ibn Hajar)

Defense: Accepted

Court Secretary: 22) Al Muntadhem Li Ibn Al Joozi (The Organized by Ibn Al Joozi)

Defense: Accepted

Court Secretary: 23) Al Jara-eh Wal Khara-ej Lil Qutb Al Rawandi (The Cause and Effects)

Defense: Not accepted

Court Secretary: 24) Riyadh Al Ahzaan (Garden of Sorrows)

Defense: Not accepted

Court Secretary: Thank you your Honor. (sits down)

Chief Justice: Thank you Court Secretary. Dear respected judges and jurors, all the list of references that were accepted or rejected by the defense are displayed in front of you. So the total number of historical references presented were 24; 16 were approved by the defense and 8 were rejected. So these rejected references may only be used to support a piece of information which is cited in one of the 16 approved references. Please keep that in mind!

Second Tragic Scene: “The Prosecution Begins”

Chief Justice: Now, let us start our journey for searching the truth. I call the prosecution to start presenting his case and evidence to prove that the five defendants are guilty beyond any reasonable doubt of all the charges against them. You may begin, Mr. Prosecutor.

(That distinguished prosecutor stood up with his glorious and prestigious look with a relaxed and beautiful shining face that calms the nerves. He

speaks with his melodious and sad voice which takes the minds and hearts away…it is as if there is an invisible strength which mesmerizes your ears…he stood up and said):

Prosecutor: Thank you your Honor, dear respected judges and respected jurors. Our case and our story…or rather our tragedy started on a Sunday morning in one of the days of the month of Rajab, the Islamic lunar month, in the year 60 A.H., which coincides with the Gregorian month April in the year 680 A.D.

It is the day when the ruler of the Muslims (Muawiya ibn Abi Sufyan) died in his capital in Damascus after he took the pledge of allegiance for his son Yazid, the First defendant, to become the next ruler of the Islamic state after him. He took that pledge of allegiance for his son from the people by threatening, bribing, and terrorizing because the majority did not see Yazid to be qualified for this position as he lacked the knowledge, morality, and behavioral criteria required to be present in this position, according to Islamic law (Shari’a). It should be noted that the Islamic nation during that time extended from what is today Iran in the east till Egypt in the west. There were a good number of key religious figures in the Islamic society who did not give their alle-

giance to Yazid to take over after his father because of the reasons just mentioned. This fact cannot be denied by the defense team as it is mentioned in all historical references in front of you.

Anyways, after Muawiya’s death on that day, his son Yazid the First defendant automatically became the new ruler as it was planned and arranged before, despite the objection of the opponents.

It is well-known that the Islamic religion, upon which the laws of this new state were built at that time, does not condone forcing people to give their allegiance, against their own free will, to a new ruler. It prohibits the use of threat or persecution if a person does not voluntarily give his allegiance, let alone killing him. It was not either the practice of the rulers before the First defendant and it was not heard of.

This is clearly shown in the references present before you, and Yazid has been preceded by five rulers before him including his own father. Before Yazid, whoever wanted to give his pledge of allegiance to a new ruler can do so, and whoever doesn’t is free to exercise their free will. In both cases, this does not affect the individual civil rights in the Islamic state. No one, at least according to the majority of Muslims historians, was ever forced, persecuted, or kicked out or killed because of his refusal to give a pledge of allegiance to a Caliph (ruler).

This was the norm and the practice before the First defendant succeeded his father as Caliph. The first time in which force and terror was used in this regard was when the First defendant’s father tried to take the allegiance for his son during his lifetime, due to his prior knowledge of the lack of consensus or even a majority support for his son Yazid to become the next Caliph after him.

Muawiya has died and it was announced in Damascus that Yazid became the new ruler of the Islamic state. In order to strengthen the pillars of his regime, Yazid immediately sent a letter to his governor in Al-Madina who

was also his cousin, Al Waleed ibn ‘Uqbah ibn Abi Sufyan. This was the first communication he sent since the beginning of his rule, and the quote of the letter is available in front of you as it has been narrated in the following books:

- Maqtal Al-Husayn Lil Khwarizmi

- Tarikh ibn ‘Asaker Tarikh Al Tabari Tarikh Al Ya’qoobi

All of these historical references have been approved by the defense. For the record, the letter reads:

“Verily, Muawiya was a servant of Allah (SWT) Who gave him bounties and rulership. Then He took his life to His mercy and reward. He lived for a specified lifespan and died on the precise time, and he gave a will to me: ‘I warn you from the household of Abi Turab (who are the victims in this case) and their audacity in shedding blood.’ Oh Al-Waleed, you know that Allah will take revenge for the oppressed one, Uthman ibn Affan (the Third Caliph) from the family of Abi Turab through the family of Abi Sufyan because they support truth and justice. So when you receive my letter, take the pledge of allegiance for me from all the people in Al-Madina!”

Then he wrote a small note attached to the letter which read:

“Attention! Force Al-Husayn, Abdullah ibn Umar, Abdul Rahman ibn Abi Bakr, and Abdullah ibn Al Zubair (they all were the key figures in Al Madina who refused to give their pledge of allegiance to Yazid) to give their allegiance to me, without excuse or exception. Whoever of them refuses, behead him and send me his head! Wasalam.”

Dear respected judges and jurors, I think the letter speaks for itself. Not only does it carry a threat; it carries instructions and a direct order to kill any of those four individuals if he kept refusing to give his pledge of allegiance, especially the main victim in this case, Al-Husayn (as). It has been cited in Tarikh Al Tabari that the governor of Al Madina, Al Waleed ibn ‘Utbah whom this letter was addressed to, was surprised at the order of the new Caliph! He exclaimed,

“Am I to kill Al-Husayn simply because he refuses to give his pledge of allegiance?!”

His statement proves that this policy of killing those who do not give their allegiance to the new Caliph was not known before the First defendant. This was a new trend innovated by the First defendant which was not known or heard of before in the Islamic society, as it goes against the laws and principles of the Islamic religion which this new society was built on.

Ladies and gentlemen, Al-Husayn (as) is the grandson of the Holy Prophet who delivered this divine message from God which Muslims embraced. Thus, he was a very important religious figure in the Islamic nation and the solely surviving grandson of a prophet on the face of the earth. He was the focus of attention and veneration from everyone due to his exceptionally good manners, religiosity, noble personality and character, and his kinship to the Prophet of Islam (S).

Defense: Objection your Honor! This type of talk is a clear attempt to influence the jurors!

Prosecutor: I am only trying to explain to the jurors the circumstances during that period of time.

Chief Justice: Objection overruled. You may continue Mr. Prosecutor.

Prosecutor: To make the matter more clear, let’s give this example. Imagine that the new American president issues a decree just after his inauguration to arrest and execute all those who voted against him or abstained in the elections. Is this thinkable or even imaginable?!!

Defense: Objection your Honor! This is an imaginary question.

Chief Justice: Objection sustained. Please continue.

Prosecutor: Ladies and gentlemen, this letter stands as a strong and irrefutable proof of the guiltiness of the First defendant in the first individual charge against them. We now present to you another letter as the second piece of evidence which clearly proves without any doubt that the First defendant is guilty in the First individual charge.

This second letter is a lengthy one sent from Abdullah ibn Abbas, the cousin of the victim in this case (Al-Husayn), addressed to the First defendant. This correspondence was in response to a letter which this defendant had sent to him after the crime in Karbala by almost a year. The First defendant asks, in his primary letter, the support of Ibn Abbas in his (First defendant) fight against Abdullah ibn Al-Zubair, his rival. This reply letter by Ibn Abbas is cited in the following sources: Maqtal Al-Husayn Lil Khwarizmi, Tarikh Al Ya’qoobi, and Tarikh Al Tabari. All of these resources are approved by the defense and here is a piece of this lengthy letter in which Ibn Abbas says to Yazid ibn Muawiya, the First defendant:

“If I forgot everything, I will never forget that you pushed Al-Husayn ibn ‘Ali out from the sacred city of the Prophet (Madina) to the sacred city of Allah (SWT) (Makkah). Then you sent your men to assassinate him there, so you forced him to depart Makkah to the city of Al-Kufa. He left Makkah in the state of fear and caution, however, if he decided to stay and to permit for himself to fight and violate the sanctity of Makkah, he would’ve been the most protected among its inhabitants and the dearest to its people and the most obeyed among the inhabitants of the two holy sanctuaries, Makkah and Madina. But he (Al-Husayn) hates to be the one who violates the sanctity of the Holy Kaaba and the city of the Prophet (S). So he respected this sanctity while you didn’t when you sent your men to force him to fight in Makkah.”

It is clear from this letter that Ibn Abbas accuses the First defendant that he is the one who instigated and forced Al-Husayn (as) to leave Al-Madina, his homeland, and head to Makkah, accompanying his family under the threat of them being killed. That is because he knew very well the consequences they will face from the new ruler and his men if they stayed in Al-Madina.

Defense: Objection your Honor! The last part of the prosecutor’s statement is a personal prediction intended to influence the judges and jurors.

Prosecutor: Your Honor, I am simply trying to clarify to all of you the reason why Al-Husayn (as) took his family and children with him in this journey and chase which ended in a horrible massacre in the land of Karbala. Most of these family members and children were victims; some were slaughtered and others were killed or lost in the desert or were taken as

captives. We should explain to the judges and jurors why this family and these women and children left with Al-Husayn (as) in his caravan, and why he insisted on having them accompany him despite the surrounding dangers due to threat and persecution.

That is because he knew very well what the new ruler was capable of doing with his family if he left them behind. We will address this shortly while presenting the personal life of the First defendant and his father who established this dictatorship rule which was based on oppression and terror. So, what we stated was not a personal prediction or imagination. Rather, it is a logical conclusion based on facts and events.

Chief Justice: Objection overruled. You may continue.

Prosecution: Ladies and gentlemen, Al-Husayn the victim was forced to leave his homeland in Al Madina accompanied by his family. He left during the night to save his life and his family from inevitable death after he received official notification from the governor Al Waleed ibn Uqbah that if he doesn’t give his pledge of allegiance to the First defendant, he will be killed and his head will be sent to the new ruler in Damascus. Al-Husayn (as) left in a state of fear just like Prophet Musa (as) left Egypt to escape the aggression of Pharaoh.

Defense: Objection your Honor. That comparison has nothing to do with this particular case. It is only intended to influence the emotions of the jurors.

Chief Justice: Objection sustained.

Prosecutor: Al-Husayn (as) and his family went out looking for a safe haven and he didn’t have any better option than going to Makkah where the House of Allah (SWT) is situated. The Arabs and Muslims sanctify this land and do not shed blood there. Sure enough, Al-Husayn (as) and his family arrived to the sacred Haram, but when the First defendant learned that Al-Husayn (as) escaped from Al-Madina and arrived in Makkah, he went crazy. So he fired his cousin from the governorship of Al-Madina and hired someone else because his cousin was hesitant in carrying out the mission assigned to him which is killing Imam Husayn (as).

Then he sent a letter to his governor in Makkah, ‘Amr ibn Sa’eed ibn Al ‘Aas ordering him to track Al-Husayn (as) and watch him closely, and to plan a plot to assassinate him in the sacred Haram since it would not be possible to kill him publicly as that would surely cause great mischief especially since the Hajj (pilgrimage) season was approaching and the new ruler (the First defendant) was still in his beginning days and his opponents were many and the opposition was wide-spreading.

This plot was clearly obvious from the previous letter addressed from Ibn Abbas to the First defendant. As Ibn Abbas stated, the First defendant was not satisfied with chasing Al-Husayn (as) in Al-Madina but now he is after him in Makkah which is a safe haven for every human and even animals! He was threatening Al-Husayn (as) that he would kill him which pushed Al-Husayn (as) to hasten leaving Makkah even though there was only one day left for the Hajj.

That happened when he became sure of the conspiracy and plan to assassinate him. In order to understand the state of mind of Al-Husayn (as)

and the extent of conspiracy against his life, we present to you the following narration by Al-Husayn (as) when he was in a dialogue with Abdullah ibn Umar and Abdullah ibn Abbas in Makkah. This text which we present is quoted in Maqtal Al-Husayn Lil Khwarizmi and Tarikh Al Tabari which has been approved by the defense team.

Al-Husayn (as) says, “Oh son of Abbas, what would you say about a group of people who forced the grandson of the Prophet (S) out of his home and the place of settlement and birth, and the sacred Haram of the Prophet (S)?! They deprived him from neighboring the tomb and mosque of his grandfather. They terrorized and threatened him and left him without a place to seek refuge to or a safe haven to stay. They intend by their actions to kill him and shed his blood!”

In another instance, he says, “No way, Oh Ibn Umar! Those people will not leave me alone. Whether they reach me or not, they will keep chasing me until they force me to pay allegiance against my will or kill me!”

We could certainly imagine now the extent of fierce chasing and threatening which took place at the two sacred Harams which forced Al-Husayn (as) to leave with his family from Makkah to Al-Kufa after receiving many communications from its people inviting him and promising to protect him and his family if he answered their invitation. They promised to provide him a safe haven and to protect him from the oppression of the new tyrant regime which was headed by the First defendant, Yazid ibn Muawiya.

Chief Justice: The court will now be dismissed and will resume tomorrow morning at 10AM sharp. Court is dismissed…..


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