The Religion of Al-Islam and Marriage

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The Religion of Al-Islam and Marriage

The Religion of Al-Islam and Marriage

Author:
Publisher: www.al-mubin.org
English

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

The Religion of Al-Islam and Marriage

Marriage is one of the most sacred bonds between a man and a woman, and this text explains in details the various issues concerning marriage in the light of Islamic Laws and Ethics

Compiler(s):Arifa Hudda

Publisher(s):Al-Fath Al-Mubin Publications

Table of Contents

Introduction 3

Marriage in The Quran And Sunnah of The Prophet (S)5

The Age Of Marriage9

What is the Meaning of 'Maturity'?9

Marriage Age for Girls10

Age Difference Between the Husband and Wife11

The Beginning of Sexual Life: Bulugh and Rushd 12

The Preconditions to the Aqd Of Marriage13

1. Looking at the Other Party Before Marriage13

2. The Istikhara in Relation to the Boy or Girl14

3. The Mahr - A Gift to the Woman 14

Note16

The Marriage Aqd (Contract)17

The Wedding Night And It's Etiquette19

The First Two Years: A Marriage Survival Guide21

1. Lack of Proper Information before Marriage21

2. Who's In Charge?21

3. The Divorce Option 22

4. Sexual Problems23

5. In-Laws24

6. Realism 24

7. Making a Schedule and Establishing Rituals25

8. Marriage as a Restriction 25

9. Friends and Islamic Activities25

10. In Relation to Secrets26

11. Finances26

12. Giving Each Other Space26

Opinion of The Ulama In Relation To Marriage28

Opinion of Ayatullah al-Uzma al-Hajj as-Sayyid Ali al-Husaini as-Sistani29

Opinion of Ayatullah al-Uzma al-Hajj as-Sayyid Ali al-Husaini Khamenei30

Opinion of Ayatullah al-Uzma al-Hajj ash-Shaykh Lutfullah as-Safi al-Gulpaygani31

Opinion of Ayatullah al- Uzma al-Hajj ash-Shaykh Nasir al-Makarim ash-Shirazi32

Marriage Helps In Spirituality 33

Recommended Book List for Coupes or those planning to get Married 34

Introduction

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

Man - just like any other creation possessing both a body and a soul (ruh) is in need of several things - each of which is essential for the safeguard of one's survival and well-being. For example, the hunger pains and desire for nourishment compel one to eat so as to build up energy to live another day; the feelings of thirst make one drink water, which is also essential for one's life. These and many other things facilitate man to live a prosperous and healthy life.

Similarly, the sexual desires and the need to fulfill one's sexual requirements and passions play a key role in the protection of mankind, and continuation of the human race. Therefore, it is not sensible to defy this necessity or try to suppress it.

Since man has been chosen as "the best of creations", Allah (SwT) has laid down the foundation of marriage in order to allow this need of life to be fulfilled in a legitimate manner. As well, the guidelines are very much in accordance with the intellect since the laws are divine and the specific conditions are befitting to the valuable souls of both men and women alike.

Historically speaking, the very first relationship that was established was that of marriage between a male and female not that of a mother/daughter relationship, nor a father/son relationship. Thus, it can be deduced that marriage is one of the most sacred bonds between a man and a woman. In the book, Etiquette of Marriage, it mentions the beautiful story of Prophet Adam (as), the first vicegerent of Allah (SwT) on the earth and his marriage, which we narrate here.

After Adam (as) was created, he felt lonely and complained to the Almighty about his solitude. Allah (SwT) put Adam (as) to sleep and then created Hawwah (as) with the utmost beauty. He covered her with the robes of paradise and brought her forth with other ornaments of beautification.

At this time, He instructed Hawwah (as) to sit near the head of Prophet Adam (as). When he awakened from his sleep and his eyes fell on Hawwah (as), he was so obsessed and captivated by her charm that he wanted to reach out and touch her. At this point, the angels forbid him from doing so.

Adam (as) asked them, 'Did Allah (SwT) not create her for me?' The angels replied, 'Yes, but you have to approach her in the appropriate manner. First you must propose to her (by asking her guardian for permission to marry her), then you must grant her the Mahr (gift), followed by the recitation of the aqd (marriage contract).'

Prophet Adam (as) questioned, 'Who do I have to ask for permission to marry her?' The angels replied, 'You must ask Allah (SwT).' Then Adam (as) asked, 'O' Allah (SwT)! What will her Mahr be?' Allah (SwT) replied, 'Teach her the rules of My religion and send blessings (salawat) on Muhammad (S) and the family of Muhammad (S).'

From the above historical event, we can see that when a man wants to agree upon the Mahr with his wife, they should make an agreement that (as a part of the Mahr), he will teach her the rules and regulations of the religion of Allah (SwT). Details of the Mahr will come later on, Insha-Allah. Therefore, from this narration, we see that the first relationship that was created by our Creator for humanity was that of marriage.

With this said, we must know the finer points and overall rulings of this sacred foundation in order to have a fruitful and successful life in this world and more importantly, in the life hereafter.

In this special issue of Al-Haqq Newsletter, we will be covering various issues of the marriage that will be applicable to both the younger couples getting married and also to those older men and women who are either divorced or who have had to bear the death of their spouses due to sickness or old age. All the information has been taken from the original Islamic sources and Insha-Allah, will aid in the education and enlightenment of our Muslim community.

Any questions or comments on the contents of the articles can be forwarded to us at ihs@primus.ca.

Marriage in The Quran And Sunnah of The Prophet (S)

By Saleem Bhimji

One of the recognized and indisputable commandments of Islam is that of marriage - the sacred union that takes place only between a man and a woman. In relation to this revered bond, there are many verses of the noble Quran and countless ahadith that encourage marriage for any single man or woman - of any age or background. This is not only limited to the young brothers and sisters who have never been married and are looking for their life mate, but even those who have been through divorce have also been encouraged to re-marry and to "complete" their faith.

From the ocean of traditions and verses of the Quran on this topic, we quote the following:

وَأَنْكِحُوا الْأَيَامَىٰ مِنْكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْإِنْ يَكُونُوا فُقَرَاءَ يُغْنِهِمُ اللَّهُ مِنْ فَضْلِهِوَاللَّهُ وَاسِعٌ عَلِيمٌ

"Marry the single people from among you and the righteous slaves and slave-girls. If you are poor, Allah (SwT) will make you rich through His favour; and Allah (SwT) is Bountiful, All-Knowing." (Surah 24, Verse 32)

In this verse, Allah (SwT) commands us (by Him using the imperative form of the verb) to marry the single, righteous man/woman from among us. Allah (SwT) even gives us a guarantee that if we are poor or lack the proper funds, still we should not delay the marriage as Allah will take care of the couple and grant them bounties from His Grace and Mercy.

وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ اللَّهُ مِنْ فَضْلِهِ

"And let those who cannot find someone to marry maintain chastity until Allah (SwT) makes them rich through His favours ..."(Surah 24, Verse 33)

In the continuation of Surah 24, in the above quoted verse, Allah (SwT) commands the believers to remain chaste and faithful if they cannot find a suitable spouse to marry until Allah (SwT) grants them bounties out of His favors. Thus, one must not resort to evil, sin or illicit sexual relationships because they cannot find a permanent spouse.

One such avenue open to those who cannot afford to marry a woman in Nikah, as the Quran has commanded us and the numerous ahadith from the Prophet of Islam (S) and his 12th Infallible successors, the Aimmah (as) have done is to perform the Muta and marry a man or woman in "temporary marriage" so as to be able to fulfill our natural desires in a legal and permitted means:

وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَٰلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَفَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةًوَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِإِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

"... and besides these, it is lawful for you to marry other women if you pay them their dowry, maintain chastity and do not commit indecency. So those (women) whom you marry for an appointed time, you must give them their agreed upon dowries. There is no harm if you reach an understanding among yourselves about the dowry, Allah (SwT) is All-Knowing and All-Wise." (Surah 4, Verse 24)

This is a commandment from Allah (SwT) which was not only mentioned in the Quran, but which He commanded his last and greatest Prophet (S) to convey to the Ummah, which can never be made forbidden by anyone as that which Muhammad (S) has made halal is halal until the Day of Judgement and that which he has made haram will remain haram until the Day of Judgement.

In another verse of the Quran, Allah (SwT) compares the husband and wife to garments for one another:

هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ

"They (your wives) are a clothing (covering) for you and you too are a clothing (covering) for them." (Surah 2, Verse187)

In our day-to-day life, we see many uses for clothing. Not only does our dress act as a beautification for ourselves, but it also covers any defects that we may have on our physical body - thus, if a person has a scar or burn mark on his body, the clothing will cover this from others around him and thus, they would not know that he has such a physical 'defect'.

The husband and wife are to play the same role in relation to one another. If the wife has spiritual defects or lacks something in her character, then the husband must cover these up and not expose her shortcomings to others. The wife too, must cover up and hide her husband's deficiencies and weaknesses and protect her mate. Not only has Allah (SwT) commanded the believers not to make fun of one another and not to mock or ridicule others, but they are also supposed to protect the honour and integrity of one another.

In the 30th Surah of the Quran, ar-Rum, Allah (SwT) tells us that:

وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةًإِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ

"And one of His signs is that He has created for you, spouses from amongst yourselves so that you might take comfort in them and He has placed between you, love and mercy. In this there is surely evidence (of the truth) for the people who carefully think." (Surah 30, Verse 21)

In this verse we see that Allah (SwT) regards the creation of spouses - the husband and wife - as a sign of His greatness. Not only has Allah (SwT) created these two individuals, but in order for there to be peace and harmony between the two of them, He himself has placed love and mercy between them so that they can live a life of tranquility.

In Surah al-Nisa, verse 1, Allah (SwT) addresses all of mankind - Muslim, Christian, Jew, Non-Believer - by stating:

يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءًوَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَإِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا

"O' mankind! Have consciousness of your Lord who has created you from a single soul. From it He created your spouse and through them He populated the land with many men and women. Have spiritual awareness of the One by whose Name you swear to settle your differences and have respect for the wombs that bore you. Without doubt, Allah (SwT) keeps watch over you all."(Surah 4, Verse 1)

Again in this verse of the Quran, we are once again reminded that it is Allah (SwT) who created mankind and then made its spouse and through these two has the world become populated. It goes without saying that it is only through the natural act of marriage between a man and woman that children can be brought into this world as all others forms of "marriage" are deviations that can never produce a child and thus, an increase in the population.

The noble ahadith are also replete with traditions narrated from the Prophet (S) and his immediate successors, some of which we present below.

قالَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيهِ وَآلِهِ وَسَلّمَ): مِنْ سُنَّتِي أَلتَّزْوِيجُ فَمَنْ رَغِبَ عَنْ سُنَّتِي فَلَيْسَ مِنِّي .

The Messenger of Allah (S) has said, "Of my tradition is to marry. So then whoever turns away from my tradition (Sunnah) is not from me (my nation)."

In this famous tradition mentioned in all books of Islamic narration, the Prophet (S) clearly spelled it out to the believers that in order to stay on his path which is the true path of salvation, we must marry - not only the youth who are getting married for the first time - but also older people who may have divorced or lost a spouse must also marry in order to remain on the Sunnah of the Prophet (S).

قالَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيهِ وَآلِهِ وَسَلّمَ): ما بُنِيَ بِناءَ فِي الإِسْلامِ أَحَبُّ إِلى اللهِ عَزَّ وَجَلّ مِنَ التَّزْوِيجِ .

The Messenger of Allah (S) has said, "There is no foundation that has been built in Islam more loved by Allah, (The Greatest and Noblest) than marriage."

This hadith shows us the great importance that Allah (SwT) and His Messenger (S) have placed on marriage, such that it is the most loved foundation or establishment upon which the Muslim man and woman can build their life upon. If such a foundation is built with love, honesty, sincerity and true faith in Allah (SwT) and all that He has commanded, then there is nothing that could destroy such a firm building.

عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلامُ): جاءَ رَجُلٌ إِلى أَبِي فَقالَ لَهُ: هَلَ لَكَ زَوْجَةٌ؟ قالَ لا. قالَ (عَلَيهِ السَّلامُ): لا أُحِبُّ أَنّ لِيَ الدُّنْيا وَما فِيها وَإِنِّي أُبِيتُ لَيْلَةً لَيْسَ لِي زَوْجَةٌ .

It has been narrated from Abi Abdillah that, "A man once came to my father. My father asked him, "Are you married?" The man replied, 'No.' My father (as) replied, 'I would not love to have the world and all that is contained within it if it meant I had to spend one night without a woman (beside me).'"

This saying from our sixth Imam (as) shows the importance that the rightful successors of the Prophet (S) placed on marriage. In this hadith, we are told that the Imam (as) would not even trade all the beauties and material treasures that exist in the world, if it means that he had to spend even one night alone! This may point to the fact that the evil whisperings of Shaitan may penetrate a single man or woman to go towards the prohibited and thus, contaminate his or her faith and belief.

*****

وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةًإِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ

"And of His signs is that He has created spouses for yourselves from your own selves so you might take comfort in them and He has created love and mercy among both of you. In this there is evidence (of the truth) for the people who (carefully) think." (Surah 30, Verse 21).

The Age Of Marriage

By Mehri Zinhari [From Mahjubah Magazine]

Puberty is a natural phenomenon that occurs at varying ages in different individuals. Research in global human behavior seems to indicate that girls and boys who are born and live in warmer parts of the world are more likely to reach puberty earlier, than their peers living in the colder regions and climates of the world. For example, those who live in the Middle Eastern Arab countries tend to reach puberty at an earlier age compared to those who live in Northern European countries.

However, reaching the age of puberty should not be considered as the only criteria for deciding on an appropriate age for marriage. Other factors such as the overall maturity of a person, and his or her ability to discern between what is good or bad, such that his personal approval or disapproval in important decisions of life become valid, must also to be taken into consideration.

What is the Meaning of 'Maturity'?

Like all other living beings, the human being too goes through a process of constant change and growth. This natural overall process can be seen distinctly through changes in height, weight, habits, skills, and social, economic and emotional behavior. All these patterns have been widely studied and discussed through psychology and other related sciences.

Ayatullah Khomeini (may Allah be pleased with him) has defined 'maturity' thus: 'Maturity implies powerful presence of mind and intelligence in one's dealings, one's ability to safeguard one's possessions from being squandered away and one's prudence in spending in a judicious manner.'

For girls, maturity may be defined as follows: 'A girl's ability to manage a good life, her level of acceptance of the responsibility of motherhood and child-rearing, as well as her appropriateness in social behavior.'

From the above definitions, we can see that although one may have reached the age of puberty and according to Islamic practical laws, Salat (prayer) and Sawm (fasting) are now obligatory on him/her, but if he/she is not socially active and economically productive, then he/she may be termed as an adolescent, but not as 'mature'.

The prime age of marriage for girls, would also depend on their mental and psychological maturity. It may be possible that in some cases by the age of 14, a girl may be mature enough to shoulder the responsibility of family-life and motherhood, but a woman of 30 may not yet be mature enough to do so!

Therefore, what is important in determining the ripe age for marriage is one's own level of maturity and readiness, whether one has reached the legal age for marriage or not! It would be very naive to ignore geographical and regional conditions and norms, as well as the needs of the youth of the day, and such negligence could lead to many problems.

In the present world, with the greater intermingling between sexes, better nutrition, educational facilities and more awareness due to advanced mass media, children are reaching "maturity" much earlier than ever before; and considering these factors, raising the legal age for marriage for boys and girls is quite unjustifiable.

It is interesting to note that at one point of time, the British Parliament had passed a law that had set the minimum legal age for marriage of boys at 21 years, whereas the minimum permissible age for being candidate for the post of Prime Minister was 18 years! When the people raised an objection to this absurd law, the Parliament responded by declaring that it was often more difficult to manage a wife than to manage a country.

Raising the legal age of marriage and not permitting young boys and girls who are dealing with strong sexual urges, to have a healthy and safe outlet for their natural, youth-related tendencies, only leads to the spread of promiscuity and moral corruption in the society. If boys aren't allowed to form a family before the age of 18 or 20 years; or if girls are forced to face emotional and psychological pressures due to the same reasons, then they become very prone to social and psychological problems.

Thus, we conclude that a suitable age for marriage would be the time of physical and mental maturity in a person. Islam has specified the age of physical maturity but it has not specified the age of mental maturity. Rather, it has left it open to the discretion of the parents and children themselves.

Those who are in favor of raising the legal age for marriage argue that:

1. Boys, before the age of 18 and girls, before the age of 15 aren't equipped to form a family and aren't in a position to bear the heavy responsibilities and difficulties of family life.

2. Early marriages are a contributing factor to criminality.

3. Women who have fled from their husbands' homes and have them become resentful towards them, are mostly women who have got married before the legal age of marriage.

In response to such arguments it could be said that although there is no denial of the fact that early marriages, before physical and mental maturity, may lead to betrayal, family disagreements and many other problems; however, when a girl or a boy is physically and mentally ready for married-life, then there is no reason why the legal age for marriage should be increased.

Marriage Age for Girls

The Noble Prophet (S) has said: "Virgin girls are like fruits on trees. If not plucked in time, the sun will rot them and the wind will disperse them. When girls reach maturity and their sexual instincts arise, like that of women, their only remedy is marriage. If they aren't married, they are prone to moral corruption. It is because they are human beings and human beings are prone to making mistakes."

There is a very subtle message in this saying of the Prophet (S). Just as there is proper timing for plucking fruits, there is a proper age for marriage, for every girl. A girl who cannot understand and shoulder the responsibility of married-life is like a raw fruit that needs to remain on the tree (i.e. her father's home) until it ripens and sweetens. On the other hand if a girl loses the freshness of youth while yet unmarried, then she is like an over-ripe fruit that would further wither away, as the time passes.

Age Difference Between the Husband and Wife

Is there a relationship between the age gap of the husband and wife and success of the marriage?

Since there is a difference in the age of puberty of girls and boys, they don't reach mental maturity at the same age either. Moreover, since women lose their sexual desires relatively earlier than men, a 5 to 6 year age gap between the husband and wife seems to be appropriate. With this age gap, women reach menopause when the sexual desires of men have somewhat subsided. This would add to the possibility of the success of their marriage and increase the spirit of sacrifice and intimacy between them.

If the man happens to be much older than his wife, in that case he could end up treating his wife like a daughter and the wife may think him to be more of a father than a husband. As a result there may exist lack of compatibility and friendship between the two.

On the other hand if the wife happens to be much older than the husband, she may be more of a mother to him and not be able to play the role of a wife. This could lead to indifference and anger, for, there doesn't exist a mental and physical balance between the two. Under such circumstances they would be unable to perceive each other's needs. So a healthy age difference between the husband and wife is very important for a happy and successful marriage.

Thus, we could conclude that the personal physical and mental state of a boy and girl are the most important criteria to decide on the appropriate age for marriage.

The Beginning of Sexual Life: Bulugh and Rushd

Extracted from the book Marriage & Morals In Islam by Hujjatul Islam Sayyid Muhammad Rizvi

Sexual desire is aroused in human beings at the age of puberty. In Islamic legal definition puberty (bulugh) is determined by one of the following:

1. Age: fifteen lunar years for boys and nine lunar years for girls;

2. Internal change (in boys only): The first nocturnal emission. Semen accumulates in the testicles from puberty onwards and more semen may be formed than the system can assimilate; when this happens, semen is expelled during the sleep. This is known as nocturnal emission wet dream or ihtlam in Arabic.

3. Physical change: Growth of coarse hair on lower part of abdomen.

Since the sexual urge begins at puberty and as Islam says that sexual urge should be fulfilled only through marriage, it has allowed marriage as soon as the boy and the girl reach the age of puberty. In the case of girls, it not only allows them to be married as soon as they become mature, but also recommends such marriage. It is based on such teachings that Islam discourages girls from postponing their marriage because of education; instead, it says that girls should get married and then continue their education if they wish to do so.

Physical maturity by itself, however, is not enough for a person to handle the marriage responsibilities; rushd (maturity of mind) is equally important. On the other hand, our present way of life has become so much complicated that a considerable gap has appeared between puberty and maturity both in financial and social affairs.

A recent article on the American youths says, "Young Americans entering the 21st century are far less mature than their ancestors were at the beginning of the 20th. The difference is evident in all areas of youthful development: sex, love, marriage, education and work. Physically, today's youths are maturing earlier than previous generations, but emotionally they are taking much longer to develop adult attachments." (Newsweek, Special Edition Spring 1990, p. 55) Consequently, it is not easy for boys and girls of our atomic era to marry as soon as they become physically mature.

The Preconditions to the Aqd Of Marriage

By Saleem Bhimji

Even before we discuss the rulings and method of reciting the marriage Aqd and married life in general, there are many preconditions that must be covered and understood by both parties. These issues that we bring forth have, unfortunately, been twisted and contorted to fit our cultural background or in some cases, out right refused as not being Islamic principles. Insha-Allah, we will cover some of these preconditions in brief.

1. Looking at the Other Party Before Marriage

This discussion can actually be divided into two separate and distinct categories:

(1) the look and touch before proposing to the other party;

(2) the look and touch after the proposal has been accepted;

However, the Aqd has not been read - this is commonly known as the 'engagement' period.

It is well known that a man and woman who are not related to one another through a direct blood relationship or through one of the other ways (that are mentioned in the detailed books of Fiqh) are not Mahram of one another. Thus, they can not touch or look at each other without the proper covering or with a lustful or seductive glance.

Once the temporary or permanent Aqd has been performed, then the man and woman become Mahram to one another through the marriage formula and can talk, be in a secluded place with one another, hold hands, touch, hug, kiss, etc…

However, while the man and woman are talking with one another in order to get to know each other, they are not permitted to be in a secluded place together, nor have any sort of physical contact - these are all forbidden (haram) in Islam.

Once they have agreed to marry one another, the next step, in order for them to be able to talk in private, go out together for dinner or be able to touch each other, is that they must recite either the temporary or permanent Aqd. In most cases, the couple-to-be recite a Mutah, with the knowledge that within a certain time frame, they will be getting married (permanently).

The Mutah too has various conditions that must be followed, of which, we highlight the most important ones:

1. If the girl is a virgin, then she must have her parent's approval before the Mutah can be performed.

2. The time period and the dowry (Mahr) must be specified before the Mutah contract is pronounced, otherwise it is void.

3. The parties can make conditions, such as no sexual intercourse or other conditions - these too must be made before the contract is read. However, if later on, both parties agree to change any of the conditions made, they are free to do so.

4. The contract should be recited in the original Arabic and if this is not possible, then a representative should perform the Mutah and if this too is not possible then the third option is that the boy and girl can read the translation of the contract themselves in the language which would convey the same meaning of the Arabic1 .

5. If the couple decides to get married permanently before the time period of the Mutah ends, the husband must "give back" or forgive the time to his wife that remains. Once this has been done, then and only then can they marry in permanent marriage. If the couple is in a temporary marriage and they then marry permanently while the temporary marriage has not ended, then the permanent marriage will be null and void, and at the completion of the time period of the temporary marriage, they will not be classified as being married to one another.

2. The Istikhara in Relation to the Boy or Girl

One of the other incorrect philosophies that a majority of people have adhered to is the Istikhara or seeking the best from Allah (SwT) before a marriage.

Before the boy and girl even get a chance to meet one another and talk and see if they are compatible with the other, the parents will rush to their local Mawlana or Alim to perform the traditional Istikhara. If the answer comes 'good', then even if the boy or girl is the biggest sinner or ill-mannered person, the parents will welcome him/her into the family with open arms.

The opposite has also been seen that if the boy or girl is an upright, virtuous, and pious believer, but the Istikhara comes out 'bad' then they are automatically rejected with no chance to go forward.

This idea, which is so prevalent amongst the Muslim community, must be uprooted and thrown out with all other such traditional and cultural practices that have no basis in Islam.

The Istikhara is a method that has been taught and approved by our Prophet (S) and Ahlul Bait (as), however, there are many preconditions and steps that nust be followed before we rush to the Quran or Tasbih.

These stages, in relation to marriage include:

• Speaking to the boy or girl and getting to know their thoughts, ideas and beliefs.

• Asking friends and family members about the boy or girl. Although in Islam, backbiting or speaking bad about others is prohibited, however, the Ulama have mentioned that this is one scenario where the law is accommodated for the betterment of the family structure.

• The many supplications (such as Dua 33 in as-Sahifah al-Kamilah as-Sajjadiyah, known as the Supplication for Seeking the Best) should be recited and the person must sincerely ask Allah (SwT) to guide his/her heart to that, which is truly the best.

If one is truly in doubt after all these stages have been exhausted, then and only then should one resort to the 'traditional' Istikhara. There is a comprehensive book on this topic, which has recently been published by the Islamic Humanitarian Service entitled Istikhara: Seeking the Best from Allah (SwT) which can be purchased from www.al-haqq.com.

3. The Mahr - A Gift to the Woman

The Mahr - or dowry as it is usually translated - is one of the ways through which the woman becomes halal for the man - the other (which goes along with and is side by side) is the actual Aqd or reading of the vows.

The Mahr, which must be specified before the Aqd, is a gift to the wife and in no way can be referred to as the price or worth of the woman. By examining the Islamic traditions, we see that it is not necessary that money or gold or some physical item be given as the Mahr - rather, anything that the woman requests and the man agrees to would be considered as the Mahr.

It is for this reason that we see at the time of the Prophet (S) that a man married a woman and the Mahr was that he would teach her the Quran! There are many instances such as this in the history of the Muslims where the Mahr was either a very small amount or a non-materialistic gift.

Unfortunately, in many communities nowadays, the trend has been to set the Mahr to substantial amounts of money, jewelry, gold, and other material goods - where as in Islam, the recommended act is to have a 'small' or modest Mahr, such that the husband is not put into any difficulty to pay it and thus, a large Mahr is actually Makruh or highly discouraged.

According to the Scholars, if the Mahr is set to such an amount that even in the future, the man will not be able to pay it, or if the man does not have the intention to pay the Mahr, then such a marriage is a matter of doubt.

Also, it must be made clear that the Mahr is not something that one pays only in the event of a divorce, as is seen in some East Asian cultures. Therefore, the wife can even demand that this amount be paid to her before she agrees to have sexual intercourse with her husband.

The husband and wife can agree on a time frame when the amount will be paid and as it has been mentioned in the Islamic books of law, if the wife demands the money after it has become due, then it becomes obligatory on the husband to give it to her even if it means that he must take a loan. If he does not pay the money while possessing the ability, then he has committed a grave sin and will be held accountable by Allah (SwT).

In relation to the Mahr and its importance, Imam Ali ibn Abi Talib (as) has stated:

إِنّ أَحَقَّ شُرُوطِ أَنْ يُوَفّى بِهِ ما إسْتَحْلَلْتُمْ بِهِ الْفُرُوجَ

"This (the Mahr) is the most important of all the conditions through which, the private parts (intercourse) have been made lawful and permitted for you."

We conclude the section on the importance of the Mahr with a stern warning from our Prophet Muhammad (S) about those men who refuse to give their wives that which they promised them:

مَنْ ظَلَمَ إِمْرَأَةً مَهْرَها فَهُوَ عِنْدَ اللهِ زانٍ. يَقُولُ اللهُ عَزَّ وَجَلَّ يَوْمَ الْقِيامَةِ: عَبْدِي زَوَّجْتُكَ أَمَّتِي عَلى عَهْدِي فَلَمْ تُوَفَّ بِعَهْدِي وَظَلَمْتَ أَمَّتِي؟ فَيُؤخَذُ مِنْ حَسَناتِهِ فَيَدْفَعُ إِلَيْها بِقَدَرٍ حَقِّها. فَإِذا لَمْ يَبْقَ لَهُ حَسَنَةُ أُمِرَ بِهِ إِلى النّارِ بِنَكَثَهُ الْعَهْدَ. قالَ اللهُ تَعالى: (وَأَوْفُوا بِالْعَهْدِ إِنْ الْعَهْدَ كانَ مَسْئولاً (

"The man who oppresses his wife in relation to the Mahr is considered as a fornicator in the eyes of Allah. On the Day of Judgement, Allah (Glorified and Exalted is He) will say to such a man, 'O' My servant! I married you to My bondservant on My promise (the Mahr) and then you were not loyal to My promise and you oppressed My bondservant!' At this time, Allah (SwT) will take all of this man's good deeds and will give them to her in accordance to the rights of her that he had taken (the Mahr). When there remain no more good deeds, then Allah (Glorified and Exalted is He) will order him to the hell fire with the other people who had broken their promise. Allah (Glorified and Exalted is He) has said, (And be honest in your promises. Surely the promise is something that (you) shall be questioned about.)"

Note

1.Please note that this and all other ruling in this magazine are in accordance to the fatawa of Ayatullah al-Uzma al-Hajj as-Sayyid Ali al-Husaini as- Sistani. Muqallidin of other Maraja should check their rulings on these and other issues contained in this discussion.

The Marriage Aqd (Contract)

By Saleem Bhimji

In keeping with the eternal tradition of our Prophet Muhammad (S) in the style of the recitation of the marriage Aqd, as he had done during the marriage of his daughter Fatimah binte Muhammad (as) to Ali ibn Abi Talib (as), the ceremony is preceded by a Khutbah or introduction extolling the Oneness of Allah (SwT) and His characteristics, and then sending praise and prayers upon the Prophet of Islam (S) and his noble family members. Once this has been recited, the actual Aqd or contract is performed.

According to a majority of our Ulama, the contract MUST be recited in the correct Arabic language however Ayatullah al-Uzma al-Hajj as-Sayyid Ali al-Husaini as-Sistani, in his recent book, A Code of Practice for Muslims in the West, states that if the man or woman can not read the Arabic correctly, then they should take a representative who could read the contract on their behalf. If this too is not possible, then they may recite the contract in their own language (translation) as long as the meaning remains the same as the original Arabic.

In the examples given below, we will assume that the brother and sister will be reading their own Aqd (contrary to that of having a Representative for each side).

أَعُوذُ بِاللهِ مِنَ الشَّيْطانِ الرَّجِيمِ. بِسْمِ اللهِ الرَّحْمنِ الرَّحِيمِ .

I seek refuge in Allah (SwT) from the accursed Satan.

(I begin) in the Name of Allah (SwT), the Merciful, the Compassionate

أَلْحَمْدُ لِلّهِ الَّذي هَدانا لِهذَا وَما كُنَّا لِنَهْتَدِيَ لَوْ لا أَنْ هَدانا اللهُ. وَصَلاةُ وَسَلامُ عَلى سَيَّدِنا وَنَبِيِنا وَمَوْلانا وَحَبِيبِ قُلُوبِنا وَطَبِيبِ نُفُوسِنا أَبِي الْقاسِمِ مُحَمَّدٍ. وَصَلاةُ وَسَلامُ عَلى أَهْلِ بَيْتِهِ الطَّيِّبِينَ الطّاهِرِينَ الْمَعْصُومِينَ الْمَظْلُومِينَ. وَلَعْنَةُ اللهِ عَلى أَعْدائِهِمْ مِنْ يَوْمِ أَوَّلِ ظُلْمِهِمْ إلى يُوْمَ الدِّينَ. أَمّا بَعْدُ فَقَدْ قالَ اللهُ سُبْحانَهُ وَتَعالى فِي كِتابِهِ :

All the praise belongs solely to Allah (SwT), the One who guided us to this and we could not have been guided to this had it not been for the direction of Allah (SwT). And prayers and salutations are sent upon our Master and our Prophet and our Mawlana and the love of our hearts and the spiritual physician of our souls Abil Qasim Muhammad (S). And may prayers and salutations be upon his progeny, the Purified, Immaculate, free from sin, oppressed (individuals). May the perpetual curse of Allah (SwT) and removal of divine blessings overwhelm their enemies from the first day they committed such oppression, until the Day of Judgement. And after this, verily Allah (SwT), the Glorious and High has said in His Book:

وَأَنْكِحُوا الْأَيَامَىٰ مِنْكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْإِنْ يَكُونُوا فُقَرَاءَ يُغْنِهِمُ اللَّهُ مِنْ فَضْلِهِوَاللَّهُ وَاسِعٌ عَلِيمٌ

"Marry the single people among you and the righteous slaves and slave-girls. If you are poor, Allah (SwT) will make you rich through His favour; He is Bountiful and All-Knowing" (Surah 24, Verse 32)

قالَ رَسُولُ اللهِ (صَلَّى اللهُ عَلَيهِ وَآلِهِ وَسَلّمَ): مِنْ سُنَّتِي أَلتَّزْوِيجُ فَمَنْ رَغِبَ عَنْ سُنَّتِي فَلَيْسَ مِنِّي .

The Messenger of Allah (S) has said, "Of my tradition is to marry. So then whosoever turns away from my tradition (Sunnah) is not from me (my nation)."

1a) The bride-to-be would say:

أَنْكَحْتُ نَفْسِي لَكَ عَلى الْمَهْرِ الْمَعْلُومِ

1b) The husband-to-be would say:

قَبِلْتُ النِكاحَ لِنَفْسِي عَلى الْمَهْرِ الْمَعْلُومِ

2a) Then the bride-to-be would say:

زَوَّجْتُ نَفْسِي عَلى الصِّداقِ المَعْلُومِ

2b) The, the husband-to-be would say:

قَبِلْتُ التَّزْوِيجَ لنَفْسِي عَلى الصِّداقِ المَعْلُومِ

3a) The bride-to-be would say:

أَنْكَحْتُ وَزَوَّجْتُ نَفْسِي لَكَ عَلى الْمَهْرِ الْمَعْلُومِ

3b) The husband-to-be would say:

قَبِلْتَ النِكاحَ وَالتَّزْوِيجَ لِنَفْسِي عَلى الْمَهْرِ الْمَعْلُومِ .

These lines are usually repeated two or three times over for the sake of precaution to make sure they have been recited properly. After these few lines have been said, the man and woman are then joined together in marriage according to the laws of Islam. There is no other 'ceremony' needed - a Walimah is Mustahab, but other things are part of our cultural practices (some are permitted to do, but we have to be careful so as to not perform anything haram).

Chapter 1: Conceptual Foundations

The division of the community of Islam into Sunni and Shi'i branches has commonly been explained in terms of purely political differences. Its origins have been attributed to basically political partisanship with regard to the leadership of the Umma, a partisanship which later exploded into conflict in the civil war between Ali and Mu'awiya. This war not only established the Umayyads in power, but also supposedly marked the advent of Shi'ism as a religious movement divergent from the main body of believers. Such an interpretation grossly oversimplifies a very complex situation. Those who thus emphasize the political nature of Shi'ism are perhaps too eager to project the modern Western notion of the separation of church and state back into seventh century Arabian society, where such a notion would be not only foreign, but completely unintelligible. Such an approach also implies the spontaneous appearance of Shi'ism rather than its gradual emergence and development within Islamic society. The recent occidental conception of “a purely spiritual movement” is exceptional. Throughout most of human history religion has been intimately involved in the whole life of man in society, and not least in his politics. Even the purely religious teaching of Jesus-as it is commonly regarded-is not without its political relevance.1

Just as the Prophet was basically a religious and spiritual teacher and messenger and, at the same time, due to the circumstances, a temporal ruler and statesman, Islam has been since its very birth both a religious discipline and, so to speak, a socio-political movement. It is basically religious because of the status Muhammad attained as the Apostle of God appointed and sent by Him to deliver His message to mankind, and political because of the environment and circumstances in which it arose and grew. Likewise Shi'ism, in its inherent nature, has always been both religious arid political, and these co-existing aspects are found side by side throughout its history. It is therefore difficult to speak, at any stage of its existence, about the “political” Shi'a as distinct from the “religious” one. Throughout the first three or four centuries of Islamic religious and institutional development, one cannot fail to see that all religious discussions among Muslims had both political and social relevance. When we analyse different possible relations which the religious beliefs and the political constitution in Islam bear to one another, we find the claims and the doctrinal trends of the supporters of Ali more inclined towards the religious aspects than the political ones; thus it seems paradoxical that the party whose claims were based chiefly on spiritual and religious considerations, as we shall examine in detail presently, should be traditionally labelled as political in origin.

The term Shi'a, keeping in view its historical development, must strictly be taken throughout this chapter in its literal meaning as followers, party, group, associates, partisans, or in a rather looser sense, the “supporters”.2 In these meanings the word Shi'a occurs a number of times in the Qur'an.3 In its applied meaning as a particular designation for the followers of Ali and the people of his house, and thereby a distinct denomination within Islam against the Sunni, the term Shi'a was a later usage. In the infant years of Islamic history, one cannot speak of the so-called “orthodox” Sunna and the “heretical” Shi'a, but rather only of two ill-defined points of view that were nevertheless drifting steadily, and finally irreconcilably, further apart With this meaning of the term Shi'a in mind, our main purpose here is to trace the background of this support to Ali and to investigate its origins in the Arabian society of the day in the midst of which Islam arose. Consequently it will be illustrated how this attitude became manifest as early as the death of the Prophet Muhammad.

The starting point in any study of Shi'i Islam must, by historical necessity, be the nature and composition of the Muslim community which emerged at Medina under the leadership of Muhammad. This community was homogeneous neither in cultural background and traditions nor in politico- social institutions. The unification of different people or groups of people in a new system does not imply a complete elimination or even a change in some of their deep-rooted values and traditions. It was therefore natural that certain values, ideas, and inclinations of different component parts of the Umma should reflect themselves in certain aspects of the new religious order. Consequently, rather than a homogeneous approach to all issues, especially of a non-fundamental nature, one must expect to find in the Umma a multiplicity of approaches and points of view, with the acceptance of Muhammad and his mission being the fundamental factor binding the various groups together.

The inclination of some of the Arabs from among the Companions of the Prophet to support Ali was thus a natural corollary of the already existing ideas prevalent among the various Arab tribes who together constituted Muhammad's Umma at Medina. This Umma consisted of the Meccans, both from the Quraysh al-Bitah. (those who inhabited the district immediately around the Ka'ba) and Quraysh az-Zawahir (those whose quarters were in the outskirts); of Medinese, who were divided into Aws and Khazraj, both tribes of the South Arabian stock and still preserving many of the characteristics of their original land; of the desert Arabs surrounding Medina; and even of some Arabs and non-Arabs from distant places, such as Bilal of Abyssinia and Salman of Persia. All of them together formed a common society under Islam, but when we consider a problem common among them we have to take into consideration the different temperaments and inclinations of each group, and not those of only one single people, group, or locality. We must presume that the Arabs of different origins and socio-cultural backgrounds understood Islam, at least in its early stage, according to their own social and moral ideas.

Arab society, both nomadic and sedentary, was organized on a tribal basis, and of all the social bonds, loyalty to the tribe (al-'asabiya) was considered the most important. This feeling of al-'asabiya, along with other aspects of tribal life, provides the most emphatic expression of and a constant theme for pre-Islamic poetry. The tribal system was based on the actual or fictitious descent from a common ancestor through whom the social and moral status of the members of the tribe was determined. People who could not boast of their ancestors as a symbol of greatness were of little social standing and often subject to contempt. Knowledge and awareness of the common ancestor was therefore the central point in Arab social consciousness, and honour and glory of a tribe in comparison with any other tribe consisted of the honour and glory of its ancestors. Any claim to prestige and honour of the individual members as well as the whole tribe was perhaps exclusively dependent on that of the ancestors. The word used for such claims is hasab, which is commonly explained by the Arab philologists in the meaning of enumeration of the famous deeds of ancestors.4 This does not mean that the word hasab excludes the enumeration of those ancestors themselves who figure in the genealogical tree in both paternal and maternal descent.5 If the noble deeds of one's ancestors are numerous enough to be cited and boastfully enumerated by their descendants, the richer is their hasab or sharaf, as is evident from a popular expression, al-hasab or sharaf al- dakham.6 This means a nobility which becomes “thicker” and stronger through accumulated noble deeds of ancestors generation after generation.7 Thus sings the famous Arab poet Nabigha adh-Dhubyani:

“His father before him and his father's father

built the glories of life as models.”8

A tribe with large numbers but few deeds of fame to its credit coming down from its ancestors was not only of less social standing but also subject to mockery from those who could enumerate more of their ancestors' noble deeds. So we hear from the poet Damra as he says:

“And the joint stock which they have begotten

among the race of Sa'd and Malik:

but some of the fire-sticks of the tribe fail to light

and are nothing worth.”9

In a rigidly tribal system such as that of the Arabs, the fame of ancestors for noble deeds was the foremost source of pride and of claim to superiority. Nobility thus derived, a tribe considered it a constellatory factor in claiming its higher position in relation to other tribes. Within a tribe a particular clan had higher claim to glory, and therefrom to leadership, if its direct line of ancestors was more distinguished by their noble deeds in relation to other clans of the same tribe. This fame of ancestors was not mere genealogical ornament to the descendants but had individual relevance to each man and was of great significance in the claim of individual honour.10 Thus, for example, Nu'man b. al-Mundhir, King of Hira, asked 'Amir b. Uhaymir b. Bahdala, who had claimed the highest rank among all present, “Are you then the noblest of all Arabs in respect of your tribe?” He replied, “The Ma'add excel in nobility and number, and amongst them the Nizar, and amongst them the Mudar, and amongst them the Khindif, amongst whom the Tamim, and amongst these the Awf, within Awf the family of Bahdala. He who does not admit this may contest with me.”11

Not only physical characteristics were considered by the Arabs to be hereditary;12 they firmly believed that noble qualities as well were inherent in certain stocks. Moral qualities thus being genetically transmitted, the best virtues for an individual were therefore only those which were handed down to him from his noble ancestors. The Arabs made a clear distinction between inherited nobility and nobility claimed only on account of personal merit, the former being a source of great social prestige while the latter was of little consequence. In other words, personal fame and merit counted for little in securing for oneself an exalted position; it was inherited fame and inherited merit which confirmed proper estimation in the society.13 There are numerous references in pre-Islamic poetry where ancestral nobility and virtues are described as a strong and lofty building which they built for their descendants14 and which it would be shameful for the latter to destroy.15 Ancestral fame of nobility and virtuous deeds must therefore be preserved as the strongest and most continuous incentive to be adopted by the descendants. It was in this sense that the term Sunna had frequently been used long before Islam.16 After Islam the institution of Sunna remained as forceful as ever, but its content was drastically replaced by the Prophetic Sunna. Nevertheless certain trends of the original Sunna did persist, at least in certain sections of the Arab-Muslim community.

The most privileged in Arab society, in the midst of which Islam arose, was therefore the one who could boast publicly that he was destined to have ancestors who had nothing undistinguished to leave to him as their Sunna. A word commonly used to express the idea of ability to trace moral qualities back to one's noble ancestors is irq, (pl. a'raq and 'uruq). Irq means root, origin of a man, and its plural a'raq signifies ancestors of a man. Thus frequent expressions of a man's inheritance from noble ancestors are found in phrases such as, “he has an hereditary share in generousness or nobleness,”17 or “noble blood lifted him up to his ancestors.”18

It is clear that in the religious sentiments of the Arabs, ancestral piety, noble deeds, and moral qualities as Sunna played an important role. The religion of the Arabs, which varied in strength and importance from locality to locality throughout the peninsula, was originally the worship of tribal symbols, which later became identified with certain forces of nature represented by numerous deities. The tribal deity, symbolized in the sacred stone (nasab), was called the lord (rabb) of its temple. Allah, the supreme deity of the Meccan sanctuary, was described as Rabb al-Ka'ba or Rabb Hadha al-Bayt.19 It is important to note that the word rabb often referred not to the deity but to the person in charge of the sanctuary.

There was no organized priestly hierarchy, but certain clans acted as guardians of the sanctuaries. This guardianship passed from one generation to another, together with the reputation for hereditary sanctity.20 This sanctity, which had its original source in the magical power attributed to the idol which they served, was strictly connected with the idea of nobility of race (sharaf) synonymous with the pride of descent from noble ancestors. The nobility of the clan being hereditary, the priestly clans of long standing represented the highest aristocracy in pre-Islamic Arabia. Traces of this sort of aristocracy are to be found in the belief of the Arabs, especially of the South, that members of certain families have a charisma or spiritual power, or sharaf. The guardianship of a sanctuary, a “house” (bayt), and “honour” (sharaf) came to be understood as being inseparable.21 As a result, priesthood in Arabia was very often combined with tribal leadership, even with kingship. We may go even further by stating that political leadership there was originally of a religious and priestly nature. The South Arabian monarchial institution of the mukarrib is a clear proof of the office of the priest-king who embraces at once religious and temporal authority.

The clans of political rulers could have attained the status of great nobility after first acquiring power by political means, but nevertheless, they could not equal the sacerdotal lineages; for example, the kings of Kinda ranked only after the three most noble priestly houses. These three houses, “after the house of Hashim b. Abd Manaf amongst the Quraysh”, were: Az-Zurara b. 'Udas of the Tamim, Al-Hudhayfa b. Badr of the Fazari tribe, and Dhu'l- Jaddayn b. Abd Allah b.

Hammam of the Shayban tribe. “And as far as the Kinda were concerned they were not counted amongst the ahl-al-buyutat, even though they were the kings.”22

It is apparent that not only was priestly status the foundation of political leadership, but when the latter was attained by men of non-priestly clans, it imposed upon them religious functions. They were also mediators between men and deities. As a result, the idea of tribal leadership and service to the God became synonymous. Those who led the tribe were of necessity the guardians of the tribal bayt. They were the ahl al-bayt, the “people of the house”, or the bayt of such and such a tribe.23 Together these leading clans formed the noble estate of Arabia, the buyutat al-'Arab.24 Even later, when the meaning of the ahl al-bayt became limited to the descendants of the Prophet, the term Buyutat al-'Arab survived into later centuries in the sense of the tribal aristocracy and nobility.25

It is against this background that we have to consider the status of the Banu Hashim, not only among the people of Mecca but in a wider circle due to their vast contacts with the people of different places through the yearly fair of 'Ukaz and the pilgrimage to the Ka'ba. Some western scholars have sceptically questioned whether the ancestors of Muhammad were really as important in dignity, nobility, and influence as the sources suggest, and they usually claim that the importance of the Banu Hashim has in fact been grossly exaggerated. The basis of this doubt is that the Abbasids were descendants of Hashim, whereas the rivals whom they ousted, the Umayyads, were the descendants of Abd Shams, and that the latter have been treated unsympathetically by the historians who happened to write under the Abbasid regime. For this reason, it is claimed that Hashim and his family, the ancestors of the Abbasid caliphs, had been given greater prominence in extant histories than they really possessed. This entire hypothesis, however, is open to considerable criticism. Scrutiny of the sources suggests that this has not happened to any appreciable extent, and that there are no grounds for assuming any serious falsification or large scale invention in presenting Muhammad's ancestry.26

There is no need to go as far back as Qusayy, father of Abd ad-Dar and Abd Manaf, whom unanimous historical testimony presents as the unrivalled supreme authority of Mecca both in religion and in political matters.27 After the death of Qusayy, Abd ad-Dar inherited his father's authority, but he died early and his sons were too young to effectively maintain their rights. Abd Manaf, the younger son of Qusayy, had been the powerful rival of his elder brother and ultimately concentrated some of the chief offices of his father in his person after the death of 'Abd ad-Dar.28 Eventually the sons of Abd Manaf inherited their father's influence; among them, Hashim, though the youngest, was entrusted with the most honourable offices pertaining to the Ka'ba, ar-rifada and as-siqaya: providing food and water to the pilgrims.29 There are no serious grounds to doubt the accounts given by the early tradition that Hashim achieved great success and glory in his lifetime by his acts of public welfare and by his splendid hospitality extended to the pilgrims visiting the Ka'ba from all parts of Arabia.30 When Hashim died, he was replaced by his brother Al-Muttalib. For a short time it seems that the fortunes of the family were declining under the leadership of Al-Muttalib, but they soon recovered under Hashim's son Abd al-Muttalib, who had been brought up in Medina with his mother and then brought to Mecca by his uncle Al-Muttalib.31

The other sons of Hashim having died without male issue, Abd al-Muttalib took charge of the family's affairs, which meant the de facto merger of the Banu Hashim and Banu Abd al-Muttalib. This is not the place to discuss whether or not the family of Hashim at that time was as prosperous and influential in Meccan internal affairs as it used to be. The same sources which are too often suspected of being biased in presenting Muhammad's ancestors in unduly favourable circumstances do not hesitate to relate how Abd al- Muttalib faced serious set-backs at the beginning of his career. The grand offices of ar-rifada and as-siqaya secured for the house of Hashim a commanding and permanent influence, and it seems natural that by the virtue of these offices a widespread fame abroad must have guaranteed to the family at least some regard in Mecca. Abd al-Muttalib seems to have been a man of initiative and energy,32 necessary prerequisites to become a man of consequence in the Meccan merchant aristocracy. He greatly enhanced his position by restoring the ancient well of Zamzam. In the course of time, he became the chief custodian of the Ka'ba and was also regarded as a renowned judge of the customary law. Because of his position as the sole person in charge of the main services pertaining to the most respected sanctuary of the Peninsula, he became one of the most, if not the most, prominent figures of Mecca. We are told by Ibn Sa'd and Ibn Hisham that “he was the leader of the Quraysh until his death,” and that “his greatness in honour (sharaf) attained an exalted position which no one from amongst his fathers had reached before him. He commanded great respect and the love of his people.”33

After Abd al-Muttalib's death, his eldest surviving son Abu Talib inherited his father's position. It seems, however, that Abu Talib did not prove himself to be of that same calibre and energy as his father and grandfathers, and consequently the family lost much of that power and command which it had previously enjoyed in the inner circle of Meccan aristocratic society.34 Nevertheless it does not necessarily follow that the material decline of the family's fortunes should have deprived it, in the minds of the people, of the memory of their immediate past. The regard for a successor of three or four illustrious generations could not have faded so soon, especially among groups beyond Mecca. The sanctuary of the Ka'ba, a shrine of extreme antiquity, was a highly important and popular centre of worship in the Peninsula,35 and its offices of as-siqaya and imarat al-bayt (keeper of the Ka'ba) are noted in the Qur'an.36 Supplying the pilgrims with water must have been a lucrative job in Mecca, where water is so scarce, and the water of Zamzam, which soon shared in the sacredness of the sanctuary, was required not only by the yearly pilgrims but also by the huge trade caravans halting at Mecca.37 Many early writers have recorded detailed accounts of the universal influence of the Ka'ba, of the vast contacts of the people of Mecca due to its being a centre for the trade caravans from Yaman in the South, from Dumat al-Jandal in the extreme North, and from other far-off places, and of the 'Ukaz, the greatest of the Arabs' yearly fairs. It is therefore natural that the honorific services attached to the sanctuary and rendered by the house of Hashim for such a long period must have extended the family's fame and prestige over a very wide area as the pilgrims and the caravans left Mecca. We can thus conclude that at the time of Muhammad's emergence, his family must have retained the glory and memory of the long-standing sacerdotal lineage of Hashim even though the family's material and political fortunes were at a low ebb at that time. Psychologically at least, the works and deeds of three generations cannot be obliterated from the consciousness of the people abroad by the sudden decline in wealth and political power of the present generation at Mecca. The Banu Hashim were commonly recognized by the Arabs as the guardians of the Temple, the Ahl al-Bayt, of Mecca.38

It was in this family background that Muhammad arose as the Messenger of God and restorer of the true religious Sunna of Abraham and Ishmael39 which had been corrupted and distorted by the people through the ages. Abraham was not only recognized by the Arabs as their tribal father and progenitor but was also acknowledged by them as the founder of the sanctuary of the Ka'ba and of Mecca. This tradition was no Muslim legend. If it had not been an accepted truth long before Muhammad's time, it could not have been referred to in the Qur'an as an acknowledged fact; nor could certain spots around the pre-Islamic Ka'ba have been connected, as we know them to have been, with the names of Abraham and Ishmael.40 Muhammad was fully conscious of this popular and deep-rooted tradition of Abraham's association with the Ka'ba, with which the Arabs in general and Muhammad's four generations of predecessors in particular were so closely linked. Ibn Khaldun points out that it was regarded as something extraordinary and most honourable if the leadership continued in one and the same family for four generations.41

All the factors discussed above combine to form an inseparable background against which the problem of succession to Muhammad has to be considered. As has been pointed out above, this problem must not be considered only from the point of view of seventh century Meccan society, for the Umma of Muhammad at the time of his death was composed of people of a variety of background, values, and ideas, drawn from different parts of Arabia. It was, therefore, natural that different people should view the problem from different angles. The way in which the problem of succession was solved in the assembly of Saqifa between the death and the burial of the Prophet will be discussed below. It will suffice here to note in passing that the decision taken in Saqifa was also in conformity with the common practice and ancient tradition of the Arabs, at least of one important group from among them.

The two main constituent groups of the Umma at the time of Muhammad's death were the Arabs of northern and central Arabia, of whom the tribe of the Quraysh was the most important and dominant, and the people of South Arabian origin, the Banu Qayla, whose two major branches, the Aws and the Khazraj, were settled in Yathrib. They were known as the Ansar, or “helpers”, because they gave Muhammad and Islam a shelter and a home at the most critical moment of the Prophet's mission. Differences in almost all aspects of life-social, cultural, economic, religious, geographical, and even presumably racial and ancestral between the Arabs of the South and the North are too well known to need elaboration here at length. Goldziher,42 Wellhausen,43 Nicholson,44 and many other outstanding scholars have thoroughly studied the subject in depth. It should, however, be pointed out that to consider all the Arabs as one single cultural group is a grave mistake. They had never been so. The North was cut off from the centre by the desert as the South was separated from the rest of Arabia by the Rub' al-Khali. Widely different geographical and economic conditions played their inevitable and natural role in every aspect of development of the two kindred races. The Arabs of northern and central Arabia, the Hijaz, and the highlands of Najd, developed along different lines from the southern Arabs of Al-Yaman in character, way of life, and socio-political and socio-religious institutions. As in all other aspects of life, the two groups differed widely from each other in religious sensitivity and feelings. Among the people of the much more advanced and civilized provinces of South Arabia there was a clear predominance of religious ideas, whereas among the people of the North religious sentiments were evidently lacking. A South Arabian prince, for example, in his votive inscriptions thanked the gods who made him victorious over his enemies, and warriors erected votive memorials to their divine helper for any success they achieved. In general the thankful and submissive feeling towards the gods is the basic theme of the existent South Arabian monuments. In sharp contrast to this, the warriors of northern Arabia boasted of their heroic courage and the bravery of their companions. They did not feel obliged to thank divine powers for their success, though they did not altogether refuse to acknowledge such powers.45 Even the scanty traces of lukewarm religious sentiments amongst the northern Arabs cannot be dissociated from the influence of the southern Arabs settled down in the North.46 This difference in religious sentiments was naturally reflected in their pattern of tribal leadership. The chiefs or the sheikhs in the North had always been elected on a principle of seniority in age and ability in leadership. There might sometimes be other considerations, such as nobility and lineal prestige, but in the North these were of less importance. The Arabs in the South were, on the other hand, accustomed to hereditary succession in leadership based on hereditary sanctity. Because of this fact the South Arabian tribes of the Aws and the Khazraj at Yathrib presented an atmosphere more easily conducive to the religious thought which was of great importance in Muhammad's success. Thus we may assume that the majority of the North Arabians understood Islam, at least at the first stage of their acceptance of it, as a socio-political discipline based on the religion taught by the Prophet, since they had been lukewarm to religious impulses. The Aws and the Khazraj, South Arabian in origin, understood Islam as basically a religious discipline coupled with a socio-political movement, since in their cultural past, though remote, they had been more sensitive to religion. It was only a matter of emphasis in approach and understanding, at least at the first spontaneous response.

When the Prophet died the question of his succession was therefore understood to combine in it both political and religious leadership, a principle well known to the Arabs though naturally with different degrees of emphasis on one or the other of these two aspects. To some it was more political than religious; to others it was more religious than political. The majority of the Muslims, who readily accepted Abu Bakr, laid more emphasis on the socio- political side in accepting the customary procedure of succession to the chieftainship in its new interpretation given by the first caliph, as we shall examine below. They largely, if not solely, disregarded the religious principle and the idea of the hereditary sanctity of a certain house. This assumption is strongly supported by the statement of 'Umar b. al-Khattab to Ibn Abbas, “The people do not like having the prophethood and caliphate combined in the Banu Hashim.”47 We must assume that both 'Umar and Abu Bakr were well aware of the importance which the idea of inherited sanctity held in one section of the Umma. At the same time they must have realized that should the election of Abu Bakr be open to doubt, the unity of the Umma would be seriously endangered. They nevertheless considered it necessary to dissociate the caliphate from the priesthood of the Ka'ba, which was enshrined in the hereditary sanctity of the Banu Hashim.

There were others, especially of South Arabian origin, who felt that in Mecca leadership, together with priestly prerogatives, was inherited in the clan of Abd Manaf by the Hashimites,48 though after the death of Abd al-Muttalib they were overshadowed by the clan of Umayya in political matters. The rise of Muhammad as the Prophet of God and the supreme authority in Arabia again brought the Banu Hashim to power, a fact acknowledged by Abu Sufyan's surrender to the Prophet at the fall of Mecca. To some of the Companions, therefore, a normal logical choice of successor would have been another Hashimite, and the entire question of succession to the leadership of the Muslim community was, for them, a problem of great religious significance. In addition to political expediency, deep-rooted religious considerations had to be taken into account by certain of the Companions. These, whom we may call more legalistically minded individuals, could not agree to the interpretation given by Abu Bakr and his supporters, because, as we shall see below, they understood the leadership of the community as above all a religious office. To them Muhammad was the restorer of the true religion of Abraham and Ishmael, and so in him the hereditary sanctity of his clan reached its highest level. This idea was also strongly supported by the Qur'an when it declared, for example, “Verily, God has chosen Adam and Noah, the family of Abraham and the family of 'Imran above all people.”49 The commentators have all unanimously explained that Muhammad belonged to the “family of Abraham” referred to in this verse. Thus when he died his successor could only be a man from the same family and endowed with the same qualities by the same principles.

In this respect, there must be noted the Qur'anic concept of the exalted and virtuous family, whose favour in the eyes of God derives from their righteous deeds and services in the cause of God. In all ages the prophets have been particularly concerned with ensuring that the special favour of God bestowed upon them for the guidance of man be maintained in their families and pass to their progeny. The Qur'an repeatedly speaks of the prophets praying to God for their progeny and asking Him to continue His guidance in their lineages. In the answer to these prayers, the verses of the Qur'an bear direct testimony to the special favour of God being granted to the direct descendants of the prophets to keep their fathers' covenants intact, to become true examples of their fathers' righteousness, and to keep fast to the path of righteousness set by these prophets. Four terms are repeatedly used in the Qur'an to express God's special favour for the descendants of the prophets: Dhurriya, Al, Ahl, and Qurba.

The word Dhurriya, meaning offspring, progeny, or direct descendant, has been used in thirty-two verses of the Qur'an. It is used either in direct connection with the prophets' own concern that their children should remain on their path or that their work of guidance should be continued through their own progeny. Often the word is used in verses where the prophets claim that God had selected them to become models of righteousness based on their direct descent from other prophets. This concern for a prophet's progeny is reflected in a verse (II, 124) where Abraham was told by God: “I will make you an Imam of the people.” Whereupon Abraham pleads, “And what about my offspring (Dhurriyati)?” God replies, “My covenant will not go to evildoers.” In a similar verse (XIV, 37) Abraham prays to God:

“Oh my Lord God! I have made some of my offspring to dwell in a valley without cultivation by the Sacred House, in order, Oh Lord, that they may establish regular prayer: so fill the hearts of some among men with love towards them and feed them with fruits: so that they may give thanks.”

This prayer is favourably answered when God declares (XIX, 58):

“There are they on whom God bestowed His bounties from the prophets of the posterity of Adam; and of those whom we carried with Noah [in the Ark] and of the posterity (Dhurriya) of Abraham and Israel and of those whom we guided and chose.”

The term Al, meaning nearer or nearest relations by descent from the same father or ancestor or a man's family or kinsmen, is used in the Qur'an twenty- six times in connection with the descendants of the prophets or those who succeeded them in guidance and special favour from God. A verse describing Muhammad as belonging to the descendants of Abraham has been quoted above. In another verse (IV, 54) we read:

“Or do they envy the people for what God has given them of His grace: But indeed we have given to Abraham's children (Al Ibrahim) the book and the wisdom and we gave them a great kingdom.”

The word Ahl, which is used many times in the Qur'an has almost the same meaning as Al, though it is also used in a broader sense in referring to the people of a town or inhabitation, a group, or followers. When used in conjunction with the term bayt: Ahl al-bayt, it refers to the immediate descendants of a family or such a family of the same “house”, or bayt. In this compound form, Ahl al-bayt is used in the Qur'an especially in reference to the immediate family of Muhammad. In verse XXXIII, 33, we hear:,

“And God only wishes to remove from you [all kinds of] uncleanliness, O members of the family [of Muhammad] and thoroughly purify you.”

All the commentators of the Qur'an are unanimous in the opinion that the term Ahl al-bayt in this verse refers to Muhammad's daughter Fatima, his cousin and son-in-law Ali, and his two beloved grandsons, Hasan and Husayn.

The fourth term, Qurba (from the root qaruba, nearness), means near or blood relationship, relatives, or kinsmen. As is the case with the term Ahl al- bayt, the term Qurba was also used specifically for the immediate relatives of Muhammad.

Thus the Qur'an (XLII, 23) reads:

“That is the bounty whereof God gives glad tidings to his servants who believe and do righteous deeds.

“Say, [O Muhammad] I do not ask any reward from you for this [apostleship] except the love of [my] relatives.”

Commenting on this verse, the commentators are again unanimous in their opinion that the word Qurba refers to Muhammad's relatives-Fatima, Ali, Hasan, and Husayn. The only point of disagreement arises In that the Sunni commentators include the wives of the Prophet, whereas the Shi'i writers do not.

The total number of verses that mention special favour requested for and granted to the families of the various prophets by God runs to over a hundred in the Qur'an. From this we may draw two conclusions. If one accepts the axiom that the Qur'an was revealed in terms understandable in the cultural atmosphere of seventh-century Arabia, then it is obvious that the idea of the sanctity of a prophet's family was a commonly accepted principle at that time. Even more important is the fact that the Qur'an's constant repetition of this idea must have left the impression among some of the Muslims that Muhammad's family had a religious prerogative over others.

Neither Banu Taym b. Murra, the clan of Abu Bakr, nor Banu Adi b. Ka'b, the people of 'Umar, had ever been regarded with esteem on any religious grounds, thus those who laid stress on the religious principle could not accept them as candidates for succession to Muhammad. The candidate could come only from the Banu Hashim, and amongst them the figure of , Aliwas by far the most prominent He too was the great-grandson of Hashim and the grandson of Abd al-Muttalib. He was the son of Abu Talib, Muhammad's uncle, who had given the Prophet the care and love of the father Muhammad had lost before birth. Ali was the nearest and closest associate of Muhammad, for the Prophet had acted as his guardian during the famine of Mecca, and he had subsequently adopted him as a brother both before the Hijra and again in Medina.50 He was the first male to embrace Islam,51 Khadija being the first woman. He was also the husband of Fatima, the Prophet's only surviving daughter, and by her fathered two of the Prophet's grandsons, Al-Hasan and Al-Husayn, both of whom Muhammad loved dearly.

It seems that these inherent personal qualities and virtues secured Ali a unique and advantageous place over all other family members and companions of Muhammad, and earned him a group of friends who were devoted to him with a special zeal and consideration even during the lifetime of the Prophet Perhaps it is because of this that the Shi'a claim the existence of Shi'ism even in the lifetime of the Prophet; the earliest heresiographers, Sa'd al-Ash'ari and An-Nawbakhti, clearly state that Shi'ism (in the sense of a particular regard and appreciation of Ali's personal merits) had already appeared in Muhammad's lifetime.52 Moreover, this idea of Ali's superior qualifications for the caliphate was further strengthened by a series of events which took place during the Prophet's life in which he showed some special consideration for Ali. A few of these should be pointed out as illustrations of Ali's growth in prestige and favour:

At the very beginning of his mission, when the verse “Warn your tribe, the nearest kinsmen” (XXVI, 214) was revealed (about three years after Muhammad's first revelation and the conversion of Khadija, Ali, and Abu Bakr), the Prophet gathered all the Banu Abd al-Muttalib and informed them of his mission. Explaining his task, he asked for support and help in furthering the cause. Instead of assistance, the Prophet received only ridicule; the only exception was Ali, who, though only thirteen years old, gave the Prophet his enthusiastic support.53

The prerogative of the religious brotherhood between Ali and Muhammad, which has already been mentioned above, must be taken into special account in this series of events. The Prophet adopted Ali as his brother in faith (ukhuwwa) both before the Hijra and again in Medina. This was such a recognized historical fact that no historian has denied it.

Ali's position can only have been elevated in the eyes of the Companions when he was appointed by Muhammad as the standard bearer at both Badr and Khaybar and in other wars.54

The nomination of Ali by the Prophet as his deputy at Medina during the expedition to Tabuk was another important record to Ali's credit.55 It was on this occasion that the Muhammad said to Ali, “You are to me what Aaron was to Moses except that there will be no Prophet after me.”56

This tradition attached to the event of Tabuk has been recorded by almost all historians and traditionists, and when we see that Muhammad was referring to many similarities in his person and mission with other great prophets of the past, we find no difficulty in accepting this tradition. In one of the several Qur'anic passages dealing with this subject (XX, 29-32), Moses asks of God: “And give me a minister from my family, Aaron, my brother; add to my strength through him, and make him share my task.” Muhammad's comparison of himself with Moses would thus have been incomplete without an Aaron, and obviously no other person in his family but Ali could serve him as Aaron.

Yet another very important event was the communication of the chapter of al-Bara'a (Qur'an, IX). In the ninth year of the Hijra, the Prophet sent Abu Bakr to lead the people in the Hajj. After Abu Bakr's departure to Mecca the chapter of Bara'a was revealed to the Prophet to communicate to the people, especially to the polytheists. When people asked the Prophet whether he would dispatch the chapter to Abu Bakr to deliver it on his behalf, he replied, “No, I will not send it except through someone from amongst the people of my family (rajul-un min ahli bayti).” The Prophet then called Ali and ordered him to take his own camel and go to Mecca at once and deliver the Qur'anic message to the people on his behalf.57

There are no serious grounds to doubt the authenticity of these events, which have been recorded by writers of all schools of thought and which also seem plausible in their context. Even if one is inclined to extreme caution and scepticism, it cannot be denied that these events in favour of Ali were in such wide circulation that the majority of historians and traditionists from the earliest times had to record them. In this series of events, the famous but controversial tradition of Ghadir Khum, upon which the Shi'a place the utmost importance, has been intentionally ignored. This event is named after a place called Ghadir Khum, a pool or a marsh with some shady trees, situated only a few miles from Mecca on the road to Medina, from where people disperse to their different destinations. When Muhammad was returning from his Farewell Pilgrimage he stopped at Ghadir Khum on 18 Dhu'l-Hijja (10 March 632) to make an announcement to the pilgrims who accompanied him from Mecca and who were to disperse from this junction. By the orders of the Prophet, a special dais or pulpit made of branches of the trees was erected for him. After the noon prayer the Prophet sat on the pulpit and made his last public address to the largest gathering before his death three months later. Taking Ali by the hand, Muhammad asked his followers whether he was not superior in authority and person (awla) to the believers themselves. The crowd cried out in one voice: “It is so, O Apostle of God.” He then declared: “He of whom I am the mawla [the patron, master, leader, friend?], of him Ali is also the mawla (man kuntu mawlahu fa Ali-un mawlahu). O God, be the friend of him who is his friend, and be the enemy of him who is his enemy (Allahumma wali man walahu wa adi man adahu).”

As far as the authenticity of the event itself is concerned, it has hardly ever been denied or questioned even by the most conservative Sunni authorities, who have themselves recorded it Most noteworthy among them are Imam Ahmad b. Hanbal in his Musnad, Tirmidhi, Nasa’i, Ibn Maja, Abu Da'ud and almost all other Sunan writers, Ibn al-Athir in his Usd al-Ghaba, Ibn Abd al- Barr in his Isti'ab, followed by all other writers of biographical works and even Ibn Abd Rabbih in his Iqd al-Farid, and Jahiz in his Uthmaniyya.58 The traditions of Ghadir are so abundantly reported and so commonly attested by hundreds of different transmitters belonging to all schools of thought that it would be futile to doubt their authenticity. Ibn Kathir,59 a most staunch supporter of the Sunni viewpoint, has devoted seven pages to this subject and has collected a great number of different isnads from which the tradition is narrated. It is also Ibn Kathir who informs us that the famous historian at-Tabari, in a two-volume unfinished work entitled Ki'tab al- Fada'il (mentioned also by Yaqut in his Irshad, VI, p. 452), wrote in full details the Prophet's discourse in favour of Ali at Ghadir Khum. A modern scholar, Husayn Ali Mahfuz, in his penetrating researches on the subject of Ghadir Khum, has recorded with documentation that this tradition has been narrated by at least 110 Companions, 84 tabi'un, 355 ulama', 25 historians, 27 traditionists, 11 exegesists, 18 theologians, and 5 philologists.60 Most of them were later counted by the Sunnis as among their own number.

Horovitz61 and Goldziher,62 in their studies on the tradition of Ghadir Khum, state that the oldest evidence of this tradition is the verses of Kumayt (died 126/743-4), which they consider undoubtedly genuine. The refusal of these two scholars to accept any evidence before Kumayt is based on their sceptical assumption that the verses of the Prophet's poet, Hassan b. Thabit, composed on the spot, might not be genuine. However, the Shi'i sources, and also some of the Sunni authorities, claim that the oldest evidence is the verse of Hassan b. Thabit, which the poet, with the Prophet's approbation, instantly composed and recited63 when the people were congratulating Ali on the occasion. Keeping in view the fact that Hassan was accompanying the Prophet at his historical first pilgrimage after the migration, and the fact that the poet used to compose and recite verses on all noteworthy occasions of the Prophet's activities, it is highly improbable that this event should have passed unrecorded by Hassan, the official poet-reporter of Muhammad.

The event is, however, not recorded by some of those sources which are commonly used for the study of the life of the Prophet, such as Ibn Hisham, Tabari, and Ibn Sa'd. They either pass in silence over Muhammad's stop at Ghadir Khum, or, if they mention it, say nothing of this tradition. Veccia Vaglieri explains the attitude of these few writers in that they “evidently feared to attract the hostility of the Sunnis, who were in power, by providing material for the polemic of the Shi'is, who used these words to support their thesis of Ali's right to the caliphate. Consequently, the western biographers of Muhammad, whose work is based on these sources, equally make no reference to what happened at Ghadir Khum. It is, however, certain that Muhammad did speak in this place and utter the famous sentence, for the account of this event has been preserved, either in concise form or in detail, not only by Ya'qubi, whose sympathy for the Alid cause is well known, but also in the collections of traditions which are considered as canonical, especially in the Musnad of Ibn Hanbal; and the hadiths are so numerous and so well attested by the different isnads that it does not seem possible to reject them.”64

The bone of contention between the Sunnis and the Shi'is is not, however, and never has been, the authenticity of the event of Ghadir Khum, nor the declaration of the Prophet in favour of Ali, as quoted above; the real disagreement is in the meaning of the word mawla used by the Prophet The Shi'a unequivocally take the word in the meaning of leader, master, and patron, and therefore the explicitly nominated successor of the Prophet. The Sunnis, on the other hand, interpret the word mawla in the meaning of a friend, or the nearest kin and confidant.65 No doubt the richness of meaning of many an Arabic word and the resulting ambiguity does render both the interpretations equally valid. The Sunnis, while accepting the tradition, assert that in that sentence the Prophet simply meant to exhort his followers to hold his cousin and the husband of his only surviving daughter in high esteem and affection. Further, the Sunnis explain the circumstance which necessitated the Prophet's exhortation in that some people were murmuring against Ali due to his harsh and indifferent treatment in the distribution of the spoils of the expedition of Al-Yaman, which had just taken place under Ali's leadership, and from where he, along with those who participated in the expedition, directly came to Mecca to join the Prophet at the Hajj. To dispel these ill- feelings against his son-in-law, the Prophet spoke in this manner.66 Accepting this explanation as such, the fact still remains that this declaration of the Prophet in such an extraordinary manner, equating Ali in authority and person with himself, does provide a strong basis for the Shi'i claims.

Taking for granted the controversial character in interpretation of the Ghadir tradition, the events mentioned above could have been understood by some of the Prophet's Companions as indicative of his inclination towards Ali, though he did not or could not nominate him explicitly, perhaps because of the old North Arabian custom of leaving the selection of a leader to the people. A commonly suggested obstacle in the way of Ali is said to have been his comparatively young age at the time of Muhammad's death. However, our sources do not fail to point out that, though the “Senate” (Nadwa) of pre-Islamic Mecca was generally a council of elders only, the sons of the chieftain Qusayy were privileged to be exempted from this age restriction and were admitted to the council despite their youth. In later times more liberal concessions seem to have been in vogue; Abu Jahl was admitted despite his youth, and Hakim b. Hazm was admitted when he was only fifteen or twenty years old.67 Ibn Abd Rabbih tells us, “There was no monarchic king over the Arabs of Mecca in the Jahiliya. So whenever there was a war, they took a ballot among chieftains and elected one as 'King', were he a minor or a grown man. Thus on the day of Fijar, it was the turn of the Banu Hashim, and as a result of the ballot Al-'Abbas, who was then a mere child, was elected, and they seated him on the shield.”68 At the time of Muhammad's death Ali was at least thirty-three years old, though in some other sources his age is given as thirty-six.

In conclusion, the idea that the question of the succession was primarily religious, rather than merely political, the popular notion of the hereditary sanctity of the Banu Hashim, coupled with the events which took place during the lifetime of the Prophet in favour of Ali, led to the crystallization of a point of view concerning the succession to the leadership of the community in which a number of Muhammad's companions felt that Ali was the most suitable person to keep the covenant intact. In the heated debates of the Saqifa incident, right after the Prophet's death, these Companions did not hesitate to voice their opinions. The resulting disagreement, to which we now turn, marks the beginning of what was eventually to develop into a permanent division of the Umma into Sunni and Shi'i.