Alhassanain(p) Network for Heritage and Islamic Thought

85. WALID IBNE UQBA

Walid was born to Arvi binte Kareez. His father was Uqba ibne Abi Moith. He was Hazrat Othman’s half brother through his mother. Uqba was also in the forefront of fighting against the Muslims. The Muslims took him captiveand produced before the Prophet (s.a.) and was executed under the command of the Prophet (s.a.). Walid and his brother Ammara embraced Islam after the conquest of Makka. This change was not because of any conviction, but the circumstances forced them to capitulate.

When the Prophet (s.a.) selected different persons for the duty of collection of Zakat and Sadaqa, Walid was deputed to the tribe of Bani Mastalaq. When he reached near those hamlets, the people came out in numbers to welcome him. When he saw them advancing, he ran away thinking that they had recanted from the Faith and were coming to attack him. He went to the Prophet (s.a.) and told him that the Bani Mastalaq had recanted and were refusing to pay the Zakat. The Prophet (s.a.) expressed surprise at this report and wanted to take steps to reprimand and punish them. When Bani Mastalaq heard about this, they came to the presence of the Prophet (s.a.) and said ,“O Prophet of Allah (s.a.)! You have received a wrong report about us! We have neither recanted from the Faith nor have we refused to pay the Zakat.” In this regard the following Verse was Revealed:

“In Ja-aa kum faasiq fanaba fatabayyanu an tasibu aqauma ba jehalat.”

“If some liar brings some tiding to you, investigate into it; lest you harm some people in ignorance.”

Once he told to Hazrat Ali (a.s.) that he was no less than him in the martial skill of swordsmanship and combating. The Imam (a.s.) said,“Askat ya faasiq---Be quiet! You impious liar!” At that time the following Verse was revealed:

“Afaman kaana momina Kaman kaana faasiqa laa yastaoon.”

“Is the man of Faith equal to the one who is impious? These two cannot be equated!”

Ibne Abbas says

“This Verse was revealed about Hazrat Ali ibne Abi Talib (a.s.) and Walid ibne Uqaba.”

Ref: Isteaab, Vol 3,Page 596

In both the Verses Walid is termed as impious. Then in all meetings and groups people called him Faasiq. Till the time the Holy Quran is recited he will be remembered with this title.

Saad ibne Abi Waqas, whom Hazrat Omer had selected to the Shura, was deposed from the governorate of Koofa by Hazrat Othman and sent the ‘faasiq’ Walid ibne Uqaba to replace him. He reached Koofa in the scorching sunlight and went to the house of Saad who had no inkilng that the person had brought the orders for his dismissal. He pleasantly asked,“What brings you here?” Walid said,“I have been appointed the governor of Koofa. I have been instructed to remove you and take charge of the Bayt al Maal and the functionaries appointed by you.” Saad said,“I am wondering whether you people have become more wise and sagacious or we are the victims of foolishness and stupidity. What is this sudden confusion?” Walid said,“With whom this regime kept its faith that it would place faith in you! It is with some in the morning and with someone else in the evening! Don’t feel for what you have lost. One day or other it was bound to go!” Saad said angrily,“I feel that you people consider this country as a fief left to you by your ancestors! Give whatever you like to any one and snatch away whatever you wish to take!”

Saad handed over the emirate of Koofa to Walid and came away to Madina. Once in the position of the governor, power went to the head of Walid. He started to have parties of drink and dance. Ibne Abd al Barr writes:

“Asmayee Abu Obaida, Hisham ibne Kalabi and others say that Walid ibne Uqba was impious and an alcoholic.”

--Isteaab, Vol 3, Page 596

One of the chief courtiers of Walid was a christian, by the name of Abu Zabaid Tai. Walid took a house near the mosque and gave him.He was using the compound of the mosque for his passage. He was seen by people walking through the enclosure of the mosque in a drunken, inebriated condition. They were angry, but afraid of questioning the governor’s friend! Once an incident happened that the people couldn’t control their anger any more. What happened was that, in an intoxicated state, walid offered four genuflections instead of two mandated for the morning prayer. He told to the people that he was in a state of trance that morning. He said that he could make more genuflections if they wished! Instead of reciting the Verses he was repeating the following couplet during the prayer:

“Alaq al qalb al rababa

Baad maa shabat wa shaaba

The heart is old and the rabab (stringed musical instrument) too is old!

But the heart is still stuck in that!

The people of Koofa were now fed up of Walid. They complained to Hazrat Othman and brought witnesses for the alcoholism of Walid. Hazrat Othman had no other alternative than of calling him to Madina and punishing him with whipping. In his place Saeed ibne Aas was sent as the governor of Koofa. Saeed ordered the pupit that Walid was using to be cleansed by washing. When Hazrat Ameer al Momineen (a.s.) became the caliph, Walid moved away to Basra. Aftersome time he moved to Riqa where he died and was buried beside his friend Abu Zabaid Tai!

86. SAEED IBNE AAS

Saeed was the son of Ass ibne Saeed.who was killed by Hazrat Ali (a.s.) in the Battle of Badr. Saeed spent his childhood, after being orphaned, under the care of Hazrat Othman. After the conquest of Syria he moved there to live with Muawiya. Later on he moved from Syria to Madina. In 30 H when Walid was dismissed from the governorate of Koofa, he was appointed in his place. Saeed was a self-centred, conceited and aggressive person. Ibne Abd al Barr writes:

“Saeed was cruel, vitriolic and aggressive.”

Ref: Isteaab, Vol 2, Page 9

His conceit and cruelty is evident from one incident. Once he gathered some persons for the sighting of the Idd Crescent. He asked if some of them had sighted the moon? Hashim ibne Otba said that he had seen the moon.and others said that they hadn’t. Then Saeed said that the one eyed person has sighted the moon and you haven’t been able to see it.! Hashim had lost one of his eyes in the Battle of Yarmouk. He was angry at this style of speaking and asked why he was making a remark about his eye that he lost fighting in the Way of Allah! Saying this Hashim went home and people kept coming to him to confirm about the sighting of the Crescent. On the other hand Saeed was angry and upset the way Hashim retorted. He sent some men to his house and got him beaten up and burned down his house. When this information reached Madina, Saad bin abi Waqas told to Hazrat Othman that this tyranny must be stopped forthwith. When no satisfactory reply was forthcoming, he wanted to burn down Saeed’s house that was in Madina. But on the intervention of Hazrat Ayesha he desisted from doing it.

The period during which Saeed was the governor, he used harsh, tyrannical methods with the people. He treated the Bayt-al Maal as his personal treasury.and gave whatever he wanted to anyone. He neither had Allah’s fear nor was there any accountability required by the center. If anyone raised a voice against him, he crushed it. His impunity became so much that , once, when Koofa was full of important visitors, he said:

“The land in Iraq is only for Qureish (Bani Omayya)”

Ref: Tareeq e Kaamil, Vol 3, Page 70

Malik Ibne Harit Ashtar couldn’t keep quiet listening to this. He said that the lands that were conquered with their swords cannot become the fiefs of your tribe. On this one senior officer of the police, Abd ar Rehman ibne JaishAsadi got entangled with Malik e Ashtar saying that what the emir said was right. When the dispute increased, at the instance of Malik e Ashtar, the important persons of Koofa, roughed him up and rendered him incapable of walking back home. After this event the suppressed flames of hatred rose. Wherever some people gathered they started talking ill of Saeed and also blamed Hazrat Othman who had appointed him. Saeed couldn’t do anything more than stopping those people from visiting him and wrote to Hazrat Othman that certain persons were trying to create mischief against the state. Hazrat Othman wrote in his reply that those persons must be exiled to Syria and also wrote to Muawiya that some mischief mongers were being sent to Syria who have to be kept in check that they don’t conspire against the State. As a result some persons were forcibly sent to Syria.

The persons who were termed mischievous were the important persons of Koofa , amongst whom were the Huffaz of Quran, Companions of the Prophet (s.a.) and some others who were known for their piety. Main persons amonst them were Malik ibne Harit Ashtar, Malik ibne Kaab Arhabi, Aswad ibne Yazid Naqyi, Alqama ibne Sauhan Abdi, Zaid ibne Sauhan, Harit ibne Abd Allah Aiwar, Tabit ibne Qais Hamdani, Kumail ibne Ziyad Naqyi, Jandab ibne Zohair Ghamidi, Jandab ibne Kaab Azdi, Arwa ibne Jaad and Omro ibne Hamaq Khazai. The crime for which they were being exiled from their homes was that they had asserted their rights and had raised their voices against the tyranny of the ruling class. If , in a state that had claims of democracy, they protested against the tyranny and encroachment of a particular tribe on the lands jointly owned by the people, what wrong did they commit? If the same persons had adopted the policy of nodding their heads in assent to the deeds of the governor, they would have remained in his good books. But these were the true practitioners of Amr bil maroof nahi an il munkar. If they had adopted an aggressive attitude, it was because of their moral duty to express the truth.

When they reached Damascus, they were accommodated at Kunya e Mariam, and instead of being harsh with them, Muawiya adopted a soft political attitude with them. He told them that Islam had elevated their status that they had ascendance over other people. If Qureish were not there they would have remained in the darkness and backwardness.He said that he was told they were critical of the Qureish functionaries of Koofa and publicly criticized them. The state was tolerating their activities so far. If they didn’t mend their ways, they might come to great hardship. Sasa-aa told to Muawiya that he talked of the superiority of the Qureish, but at no time they were ever more than us in numbers nor in strength. And his saying that the rulers are like shield for them, let the shield break and they would make their own shield..

The talks proceeded in this manner. Once Muawiya said that everyone knew that his father, Abu Sufian, was the most respected person of the Qureish but Mohammed (s.a.) got the Prophethood. If they were the progeny of Abu Sufian they would all be clever and intelligent. Sasa-aa said that he was wrong. Hazrat Adam (a.s.) who was certainly better than Abu Sufian was made by Allah and put His spirit in him and ordered the angels to prostrate to him. In his progeny there are clever ones, and there are foolish persons as well. There are good persons as well as bad. Muawiya couldn’t reply to this and kept quiet. In another meeting he said that they should keep their own welfare in view and they should adopt an attitude that should be beneficial for their tribe and their people. Sasa-aa asked him since when he had started giving sermons about good behaviour? Was there any welfare for them that they disobey Allah and follow his advice. Muawiya replied that he was asking them to fear Allah and follow the Prophet (s.a.) and hold the rope of Allah fast and don’t create dissent. Sasa-aa asked why, Muawiya, had acted against the commands of the Prophet (s.a.)? Muawiya said that if such a thing has happened, he would express his repentance over what happened in the past. And now he ordered them to adopt piety, obedience and cooperation with the rulers of the day. He asked them to respect the rulers and give them advice in an atmosphere of friendship. Sasa-aa said that, in that event, they advise him to forsake the emirate of Syria and clear the way for those who truly deserve the position.Could he deny that in Arabia there were persons whose services to Islam have been far superior than his? He agreed, but said that , at the moment, none was more capable than him to carry the burden of the state on his shoulder. If he had any shortcomings, Omer. wouldn’t have supported him and allowed him to hold the position. Thus, there was no question of his forsaking the position. He added that their suggestion wass a Satanic suggestion and following Satan would bring shame and dishonor! At this Sasa-aa and others were upset and advanced angrily towards Muawiya. He warned them that they were in Syria and not in Koofa and that they must behave! If people there learned of their behaviour with the emir, they would lynch them. He stood up at this, went home and wrote to Hazrat Othman that the people who were visiting him have no wisdom and intelligence nor any attachment with the Faith. Their purpose was only to create mischief.He feared that if they remained there, they might create mischief and encourage the Syrians to rebel. Therefore, it would be better to send them away somewhere else. Hazrat Othman replied to him that they may be sent back to Saeed ibne Aas. Therefore, they were sent to Koofa. They already had a rift with Saeed. On returning there, the matters worsened. When Hazrat Othman was informed of the situation, he wrote to Malik e Ashtar to leave Koofa and go to Hamas. On reading the edict Malik said:

“O Allah! Amongst us the one who is the enemy of the people, send fast Your Retribution to him!”

Ref: Tareeq e Tabari, Vol 3, Page 367

Those people went to Hamas from Koofa. The emir of Hamas, Abd ar Rehman ibne Khalid ibne Walid, exceeded all limits of decency in heaping insults on them. When one month passed bearing the torture and hardships, they were again sent back to Koofa. Now the people were running out of patience. They were angry on the functionaries of Hazrat Othman and his own attitude toward those respected persons. Hazrat Othman couldn’t have closed his eyes to the unsavory circumstances. To crush the rebellion he called a meeting of all the functionaries in Madina. Saeed ibne Aas too went to Madina. While returning from the meetings, he was stopped at a place called Jaraa near Qadisia. Malik e Ashtar and his companions told him that they wouldn’t allow him to enter Koofa. They asked him to return from where he had come.Saeed made some excuses, but they didn’t relent. They asked him to return back because it would be beyond him to stop the onslaught of the people. Therefore he returned back to Madina from there. Hazrat Othman appointed Abu Moosa Ashari as the governor of Koofa in his place. About this person more when we discuss about jamal and Tahkeem later on.

87. QASAS FOR OTHMAN’S BLOOD

Qasas or ‘blood-for-blood’ is a rule that is neither rejected by intelligence nor the Shariah. All civilized societies and religions agree on this. But every law has some exceptions, and this law too isn’t free of exceptions. Therefore, if someone is killed in punishment for some crime, or a person, in self-defence, kills someone, in both the situations , although a killing has taken place, neither the Shariah permits Qasas nor intelligence supports it. In this manner several instances can be mentioned where the law of Qasas cannot be applied. While one can’t deny the law of Qasas, its applicability differs from circumstance to circumstance.

After the Ameer al Momineen (a.s.) assuming the caliphate, when the demand for the Qasas for the blood of Othman came up, it became a controvertial issue. People were divided into two differing groups. One group considered that the killing of Hazrat Othman was legitimate. For them there was no question of claiming Qasas in this case. The other group considered his assassination a sin and a crime and forcefully championed the need for Qasas. We are not debating here whether one group was right or the other. The problem was so intricate that immediate solution was next to impossible.These complications could have been removed if Hazrat Ali (a.s.) considered the assassination illegitimate and gave attention to the claim of Qasas. If he did that, the other group, who thought that the killing was justifiable in the cirtcumstances the act was committed, would have reacted strongly. Taking the side of either of the two groups was fraught with danger. The need was to bring both the groups to the middle ground and make efforts to resolve the issue. There were pulls and pushes in all directions and neither the feelings of the claimants of th Qasas nor of their opponents could be assuaged. It was also difficult to round up the culprits who perpetrated the act. Therefore when Talha and Zubair, and other persons of their ilk, approached Hazrat Ameer al Momineen (a.s.) and demanded Qasas for the blood of Othman, he gauged the sitruation and said,“Whatever you know, I am not unaware of! But presently I don’t have the power when the aggressors are in full flow and are overwhelming us, and we are not controlling them. Even your own slaves are siding wth them and the Bedouin Arabs too have joined them. At the moment they are in your midst and could harm you if they wish to! Have you thought of a way to control the situation?”

The picture that Hazrat Ali (a.s.) drew of the circumstances at that time, the history upholds as facts. The rebels were ruling the roost in Madina and they had their influence everywhere. They did what they wished and none could open his mouth against them. If Hazrat Ameer al Momineen (a.s.) initiated steps for the Qasas, it was not possible that the culprits would bow down their heads meekly to the executioner’s sword..They would have resisted the move with full force at their command that the lanes and by lanes of Madina would have been gored with unnecessary bloodshed. They were not so meek and weak that they would easily surrender themselves. If it was so, the same claimants of the Qasas could have overpowered them during the long siege that they held of Hazrat Othman’s palace prior to his assassination. But at that time they meekly surrendered their arms and, after the act was done, they were claiming for revenge. These champions of Qasas themselves, overtly and covertly, acknowledged that the strength of the rebels was much more than their own. Therefore they decided to battle with Hazrat Ali (a.s.) and Hazrat Ayesha advised them to attack Madina because the killers of Othman were boldly going around the streets of the city. Talha, Zubair and some others said:

“O Umm al Momineen! Forget about Madina. Because those who support us cannot fight the rebels. You must come with us to Basra!”

Ref: Tareeq e Tabari, Vol 3, Page 40

These people, despite having all the paraphernalia of war and men, were unable to start hostilities in madina, and made an excuse that they were not in a position to face the rebels. If they were really, and truly, seeking Qasas, there was no need to shift their theatre to Basra. Their purpose was something else and the Qasas was just a ruse. Their aim was to open a front against Hazrat Ali (a.s.) and overturn his rule.and pave the way for their own hunger for power. It was not possible to pin the responsibility for the killing of Othman on, one, two or a few persons. The populations of Madina, Egypt and Basra were fed up of the oppressive measures of Hazrat Othman , and his coterie, and they had turned mortally against him. Those who instigated the killers were Mohajirs, Ansaar and even the senior Companions who wrote letters to the miscreants to teach him a lesson

To identify one or two killers wasn’t possible and killing thousands for one life was not admissible in the Shariah.

One way to claim Qasas was to execute all the persons who took part in the conspiracy, be they the Companions; from Madina, Egypt, Basra or Koofa. The other way was to identify the real killers from the rebels and, establish their guilt by getting witnesses and then executing them. Witnesses were possible if there were some people at the place and time of the killing. Some Umawis who were at Hazrat Othman’s place had meekly melted away sensing danger or took shelter in Umm e Habiba’s house. However, Naila bint Farafsa was there, but she wasn’t able to identify anyone! Therefore, when Ameer al Momineen (a.s.) asked her about the killers, she said:

“I don’t know. However with Mohammed ibne Abu Bakr two persons came, whom I don’t know.”

Ref: Sawaiq Mohriqa, Page 118

If it is assumed that the killers were alive, and the crime of murder was also established against them, one has to study the reasons that motivated them to take that extreme step. It is a fact that the crime was not committed as an act on the spur of the time. It happened after long parleys and discussions. Therefore delegations from different places kept visiting Hazrat Othman and complaining about the tyrannies perpetrated by his functionaries. But all these appeals had no effect on the caliph. In fact, on several occasions he had asked his men to be more harsh with the complainants. To send the delegates away, he always promised redressal, that he never seriously meant. He used to tell them:

“Whoever you want to be appointed the functionary, I shall appoint him. Whichever functionary you wish to be deposed, I shall do that. This would mean that I have no authority and your rule prevails!”

Ref: Tareeq e Kaamil, Vol 3, Page 86

It was natural that the delegates were upset at this outburst. They said that removing the tyrants and delivering justice was not in his power, he might as well demit his office and sit at home. If he didn’t act, they said, they might have to take the ultimate step. Hazrat Othman asked them for what crime they intended to kill him? He added that killing is a punishment for recanting from the Faith, adultery or unnecessary killing. He said that he had not committed any of those sins. The delegates said that, according to Allah’s Book, those who obstruct or deny others’ rights deserve to be killed. On the strength of your officers got the most respected Companions beaten up, frightened them and exiled them unnecessarily, on the people untold miseries were heaped by your hand picked functionaries. Those who fought for their rights, they were put to sword. If we accept that those who are your protectors with swords in their hands are perpetrating cruelties on the people without your consent, then their swords are also upholding your caliphate. If you demit office, their swords too will go blunt and they will sit peacefully at their homes! Hazrat Othman couldn’t reply and went quietly inside his home.

This conversation proves that they took the ultimate step when they had already made the matters clear to Hazrat Othman and were convinced that according to the Quran and Shariah, they were justified in what they wanted to do. This has been proved right by the thoughts and actions of the senior Companions. Therefore Hazrat Ayesha, Talha ibne Obaid Allah, Zubair ibne Awaam, Omro ibne Aas and other eminent Companions were giving fatwas justifying the killing. If the Battle of jamal fought by Talha, Zubair and Hazrat Ayesha has been termed as Khata e Ijtehadi ( the Error of Interpretation) , the Ijtehad justifying his killing could also be condoned as their error of interpretation. Any way, they quoted the Holy Quran to justify the killing, and a killing that takes place because of an interpretation of the Quran, is not subject to Qasas. Therefore, Mulla Ali Qari writes:

“Hazrat Ali (as.) didn’t kill the assasins of Othman for the reason that they were rebels, and those who are rebels have their own power and the justification( Taaweel) for their act as well.They had the taaweel for the killing of hazrat Othman and the strength to take on the establishment. They deemed the act justifiable because of the undesirable actions of Hazrat Othman. For such rebels the Shariah ordains that when they become subservient to the Just Imam, whatever harm they had caused to the people, had shed their blood and had injured their bodies, there is no accountability (Mawaqiza) for the acts. Therefore it wasn’t required of Hazrat Ali (a.s.) to execute them or hand them over to those who claimed for Qasas.”