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SHŪRA OR THE COMMITTEE

Ten years, six months and four days had passed since `Umar took the reins of governance in his hands when Abū-Lu’lu’ah Fayrūz, the slave of Mughirah ibn Shu`bah, struck him with a double edged poniard. Some people lifted him and shifted home. A physician was immediately called to treat him. The injury was so severe that the wine administered through his mouth came out of the injury inflicted by the blow through the stomach. People around him were confused and confounded. They thought that the throne of the caliphate will be vacant and were whispering to each other about the probable successor. Some said that it would be better if he nominated someone and save the people from the trouble of selecting his replacement. Therefore, some important persons came to `Umar and suggested to him to nominate someone as his successor. He said with a sigh that he had none in view. He added that if Abū-`Ubaydah was living he would willingly have transferred the burden to him. Then if Allah had questioned him, he would have said that he had entrusted the caliphate to a person who was termed by the Prophet (a.s) as the Trustee of the Ummah. He said that if Hudhayfah’s slave Salim was alive, he could have given the position to him. If Allah asked him, he would reply that he had given the control to a person about whom the Prophet (a.s) had said that he loved Allah very much. Ibn Qutaybah had written about Khalid ibn al-Walid and Mu`adh ibn Jabal in this connection that `Umar remembered them as probable candidates for succession. The person who mooted the idea of Yazid succeeding Mu`awiyah, Mughirah ibn Shu`bah, suggested to `Umar to nominate his son `Abdullah ibn `Umar to the caliphate. In reply `Umar said:

“May Allah destroy you! By Allah! You have not said this without keeping Allah in front of you. How can I make a person the caliph who is helpless even to divorce his own wife?”[1]

Ibn Hajar al-Makki writes

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“This is an indication towards the event when `Abdullah, during the days of the Prophet (a.s), gave divorce to his wife during the period of menstruation and the Prophet (a.s) instructed `Umar to ask `Abdullah to go to his wife”[1]

After rejecting Mughirah’s suggestion, `Umar told the gathering that if he nominated anyone the caliph, there will be no problem because Abū-Bakr too had nominated him, and he (Abū-Bakr) was better than himself! He added that even if he did not nominate a successor, there would not be any problem, because the Prophet (a.s) did not nominate anyone as well! And he was better than both of them were! In that time `A’ishah sent word through `Abdullah ibn `Umar that he must nominate a successor to save the people from confusion and unrest. `Umar said that he had given a serious thought to the matter and was of view that `Ali ibn Abi-Talib (a.s), `Uthman ibn `Affan, `Abd al-Rahman ibn `Awf, Sa`d ibn Abi-Waqqas, al-Zubayr ibn al-`Awwam and Talhah ibn `Ubaydullah should form a committee The Prophet (a.s) was happy with those persons during his last days. They are capable that they can select one amongst themselves to be the next caliph. When he was alone he said that if they unanimously select `Ali (a.s) he will lead the Ummah on the Right Path. `Abdullah ibn `Umar said that if that was his opinion, he ought to nominate `Ali (a.s) for the succession himself. To this `Umar replied, “I do not like to carry the burden both in this life and the Hereafter.”[2]

After deciding about the membership of the Shūra Council, `Umar called the selected members to apprise them of the procedure for the selection. When the six assembled at his place, he told them that he knew they all aspired to be the caliph al-Zubayr did not keep quiet. He said that it was natural that they were desirous of the position. He said that in precedence in accepting Islam and in status they were not less than `Umar. He added that if he, `Umar, could be the caliph, why not they! Ibn Abil-Hadid had said that `Umar was lying mortally injured; therefore al-Zubayr was talking fearlessly. If it were some other occasion, he would not have dared to talk in that manner. `Umar kept quiet at his talk, but when he commented on the members of the Shūra he indicated that he was upset with al-Zubayr. Therefore, he addressed al-Zubayr and said, “O al-Zubayr! You are avaricious, small hearted and ill tempered. In anger, you are an infidel and a mu’min if in a happy mood! If you get the caliphate you will fight for a little barley!” He told about Talhah, “He is

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proud and conceited. On one occasion he talked such an impertinent thing that the Prophet (a.s) was very upset with him and remained so until the end!”

He then turned towards Sa`d and said, “You are a good archer but the caliphate is out of your reach because you are from Banū-Zahrah and what Banū-Zahrah has to do with the caliphate!” He told `Abd al-Rahman ibn `Awf, “You are very fond of rest and pleasures! If you become the caliph, you might leave the affairs of the caliphate to your wife!” Ibn Qutaybah records the following words:

“O `Abd al-Rahman! I might have given the caliphate to you, but you are the Pharaoh for this Ummah!”[1]

If the members select one person unanimously, it is well and good.

`Umar told `Uthman, “If the caliphate is given to you, then you will put the burden of Banū-Umayyah and Banū-al-`As on the necks of the people! The bayt al-mal will become the fiefdom of your tribe.” Finally he turned to `Ali (a.s) and said, “You are suitable in all respects for the position of the caliph. But the trait of humor dominates your nature!”

After these comments he asked the members of the Shūra to decide about the successor within three days. He also asked them to invite al-Hasan ibn `Ali (a.s), `Abdullah ibn `Abbas and some more important persons from the Ansar. But they should not have any say in the matter of the Caliphate. Abū-Talhah al-Ansari was appointed the director of the Shūra. He asked Abū-Talhah to gather all the members of the Shūra after his death in the room of `A’ishah and tell them that they must decide about the successor within the allotted time and during the interim period the responsibility of leading the prayers should rest with Suhayb al-Rūmi. If they select the successor unanimously, it is well and good. If five are on one side and one is in opposition, then he must be killed. If three are on one side and the three on other, then his son, `Abdullah ibn `Umar to be the arbiter. Whichever side he supported, the caliph will be their nominee. Then he advised his son, “If there is difference of opinion in the Ummah you should side with the majority. If three are on one side and three on the other, you should opt for the side in which `Abd al-Rahman is there.”[2]

`Umar expired after three days of struggle between life and death. When his burial was over, at `A’ishah’s room or the house of `Abd al-Rahman ibn

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`Awf’s nephew, Musawwir ibn Makhramah the Committee of the Shūra met. Abū-Talhah stood with a contingent of fifty persons at the door. Mughirah ibn Shu`bah and `Amr ibn al-`As too came and sat near the door to make their personalities prominent. When Sa`d ibn Abi-Waqqas saw them, he threw pebbles at them and said, “Do you want to show off that you too are the members of the Shūra?”[1]

Both of them escaped from there when Sa`d threw pebbles on them and the proceedings of the Shūra commenced. Talhah and Sa`d gave their vote to `Uthman. Al-Zubayr voted for `Ali (a.s). Now `Ali (a.s), `Uthman and `Abd al-Rahman remained to cast their lot. `Abd al-Rahman told `Ali (a.s) and `Uthman to withdraw from the contest and take the right of selecting one from the remaining two, or that he will withdraw from the contest and take the right of selecting one from the two, `Uthman or `Ali (a.s). `Ali (a.s) and `Uthman both did not agree to withdraw from the contest. Then `Abd al-Rahman said that they must accept him as the arbitrator. `Uthman immediately agreed to the suggestion. But `Ali (a.s) was hesitant. When he was persuaded very much he made a condition that `Abd al-Rahman should not be governed by any base instinct in coming to a decision on the basis of the consideration of his kin. `Abd al-Rahman agreed that his decision will be based on true facts. When `Abd al-Rahman was appointed the arbitrator, he assembled the Muhajirūn and Ansar along with the members of the Shūra in the al-Masjid al-Nabawi (the Holy Prophet’s Mosque) and asked them as to who they wanted to select as the Caliph. `Ammar ibn Yasir told the people that if they wanted peace and tranquility they should opt for `Ali (a.s). Al-Miqdad ibn al-Aswad agreed with him. `Abdullah ibn Abi-Sara and `Abdullah ibn Rabi`ah spoke in favor of `Uthman. On this, some harsh words were exchanged between `Ammar and Ibn Abi-Sara. When `Abd al-Rahman saw the argument prolonging, he quietened the persons. Then he addressed `Ali (a.s) and said, “You must make a pledge that you will act on the Book of Allah, the Sunnah of the Prophet (a.s) and those of the two Caliphs.”[2]

`Ali (a.s) said, “I hope that, to the extent of my knowledge and capability, I shall do my duty.”[3]

Then `Uthman was asked the same question. He immediately agreed to follow the example of the first two Caliphs. On this `Abd al-Rahman gave his hand

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to `Uthman in bay`ah and announced his Caliphate. `Ali (a.s) saw this situation and said, “This is not the first day that you have inflicted an excess on us. What else can we do than being patient? What things you do, Allah only must help! By Allah! You have given the Caliphate to `Uthman on the hope that he will turn it over to you tomorrow.”[1]

The supporters of `Uthman and Banū-Umayyah came forward to owe their allegiance to him. Mughirah ibn Shu`bah, who was an opportunist, started telling `Uthman that if `Abd al-Rahman supported someone else, he himself would not have approved of that person. When `Abd al-Rahman heard this flattering talk, he said, “O unlucky person! You are telling a blatant lie! If I had owed my allegiance to someone else, you would have followed suit and told him what you have told now (to `Uthman).”[2]

The following conclusions can be drawn from the Shūra of `Umar:

(1) It is not necessary for the Caliph to be a Qurayshi. Even a freed non-Arab Slave could also qualify for the position and the Tradition, “Leaders must be from Quraysh” was just concocted to meet the requirement of the selection of the first caliph!

(2) People’s opinion for selection of the Caliph is not necessary. The Caliph is entitled to make a selection of the successor or can nominate a committee of two or more persons to do the selection.

(3) If someone from the Shūra raises his voice against the majority of the members of the committee he will be liable to be executed for that crime even if he was a Companion of the Prophet (a.s)!

(4) The Ummah could remain without a Caliph for three days. It was not necessary that on the death of one caliph the successor to be in place without break. Only at the time of the demise of the Prophet (a.s) the dispatch with which the caliph was selected, without even waiting for his last rites, was the need of the time and the political expedient!

(5) The failings and the defects which the Second Caliph pointed out in the members of the Shūra were pride, conceit, avarice, nepotism and impertinence with the Prophet (a.s) were no disqualifications for being considered as candidates for the caliphate. Nor there was any need of knowledge, experience and moral qualities to qualify for selection as the caliph.

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If we consider this Shūra and the procedures followed for the earlier selection of the caliphs, we do not find any particular rule or procedure to be followed. If we accept that, the selection of the caliph has to be done by a group of wise men or it has to be done through the popular opinion then how the important companions, like `A’ishah and `Abdullah ibn `Umar, advice `Umar to nominate someone as his successor. Did not they know that selection of the caliph was the prerogative of the wise men or the populace? Instead of rejecting the suggestion, `Umar sites the precedence set by `Umar in nominating him as the second caliph. Then he says that if Abū-`Ubaydah or Salim were living he would have nominated one of them as his successor. If the caliph has the right to nominate his successor, the Prophet (a.s) must have had a bigger right to nominate a caliph and successor! `Umar says that if he nominated a successor, it would be following the tradition of Abū-Bakr and if he did not nominate the successor he would be following the tradition of the Prophet (a.s)! But in practice, what he did was neither the way of his predecessor nor of the Prophet (a.s) the truth is that neither `Umar wished to nominate anyone nor did he have confidence in the popular opinion that will select the person he had in his mind. Therefore, he constituted a Shūra of six persons that was free of the popular opinion and constituted in such a way that the success of his favorite candidate was certain. In the process, he took the names of certain persons that if they were living, he would have nominated one of them. Of the two Abū-`Ubaydah was a Qurayshi, and fitted well into the condition made at the time of the selection of the first caliph. The second person was Salim who was a freed non-Arab slave and therefore did not qualify the test of being a Qurayshi on which count the Ansar were denied the right of contesting to the caliphate at the time of selection of the first caliph. But now `Umar was not bothered about that condition and would have nominated Salim to the caliphate if he lived. The other names that came up were Mu`adh ibn Jabal and Khalid ibn al-Walid. Mu`adh ibn Jabal was from the tribe of Khazraj and `Umar was opposed to consider the Ansar for the caliphate. The other person was Khalid ibn al-Walid with whom `Umar never saw eye to eye. As soon as `Umar assumed the caliphate he deposed Khalid from the position he held. When he did not tolerate to even keep him under his own control, how could he nominate him to be the caliph over all the Muslims! Ibn al-Athir writes:

“(On assuming the Caliphate) the first decree `Umar issued was in the name of Abū-`Ubaydah al-Jarrah to take the command of the troops from Khalid and consider him dismissed. The reason for this was that from the time of Abū-

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Bakr, `Umar was angry on him because of his attack on Malik ibn Nuwayrah and other acts that Khalid committed during the campaign. The first action that `Umar took as the caliph was to dismiss Khalid and saying that he will not be given any position under him.”[1]

`Umar had also taken the name `Ali (a.s) for nomination as the caliph but avoided the issue by saying that he did not want to shoulder the responsibility. It is surprising that he was willing to take the responsibility of nominating Abū-`Ubaydah or Salim if they were alive, but not of `Ali (a.s). In spite of recognizing and accepting `Ali’s capability and suitability, he was referring his candidature to the Shūra for the selection. Thus he turned the caliphate in another direction very cleverly constituting the Shūra to push through his favorite candidate. `Abd al-Rahman was the brother-in-law of `Uthman and would certainly support him. Sa`d ibn Abi-Waqqas was the cousin of `Abd al-Rahman and would naturally go with him. Talhah was from the tribe of Taym and was against `Ali (a.s). Only al-Zubayr was with `Ali (a.s) because his mother Safiyyah bint `Abd al-Muttalib was an aunt of `Ali (a.s). If Talhah had voted for `Ali (a.s) both sides would have had three votes each. In such an event `Umar had instructed that `Abdullah ibn `Umar will be the arbiter and instructed him to select the candidate on whose side will be `Abd al-Rahman. He was also sure that `Abd al-Rahman will be on the side of his favorite candidate. Now the only alternative for the opposing candidate was to side with `Abd al-Rahman and accept `Uthman as caliph or lose his own life. This was the strategy of `Umar that with all permutations the caliphate would ultimately come to `Uthman. Therefore, the author of al-Riyad al-Nadirah writes:

“At the halt during the Hajj `Umar was asked who will be the caliph after him. He said `Uthman ibn `Affan.”[2]

Amir al-Mu’minin (a.s) saw the constituents of the Shūra and had understood that the entire process was to select `Uthman for the position and had said to `Abbas ibn `Abd al-Muttalib, “The direction of the caliphate has been turned away from us. `Abbas asked, ‘How do you know this?’ ‘`Uthman has been attached with me and has asked us to support the majority. If two are on one side and two on the other, then you must opt for the side, in which `Abd al-Rahman is there. Then Sa`d will support his cousin, `Uthman, and `Abd al-Rahman is his brother-in-law.”[3]

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If `Uthman was to be brought to power, then instead of setting up the Shūra, he could have directly nominated him. That would have eliminated lot of mischief and internecine fighting. Because of the constitution of the Shūra the thoughts of avarice and position came to the minds of the members and every individual started thinking that he was the candidate for the caliphate because of this state the door for conflicts between the Muslims was opened. And as a result Talhah and al-Zubayr later on rose against `Ali (a.s), although al-Zubayr was `Ali’s supporter before the Shūra. The battles of Jamal and Siffin were the natural consequence of the Shūra. Ibn `Abd-Rabbih writes that once Ibn Husayn, went as a courier of Ziyad to Mu`awiyah. Mu`awiyah once called him in seclusion and asked what was the reason of the internecine differences between the Muslims? He replied, it was the assassination of `Uthman. Mu`awiyah said that he had heard he was very shrewd and clever but his reply was very shallow. Ibn Husayn, “Was it the Battle of Siffin?” Mu`awiyah said, “No!” He asked, “The Battle of the Camel?” Mu`awiyah said, “Not even that!” Finally Ibn Husayn said, “I cannot visualize any other cause!” Mu`awiyah said, “The fountainhead of the conflict was the constitution of the Six Member Committee of the Shūra by `Umar; therefore, “every member of that group started expecting to be the caliph and his conscience bent towards the thought of power and even his tribe and family started thinking in the same terms.”[1]

Another reason for the greed for the caliphate was the affluence of the members of the Committee. Where there is excess of wealth, the desire for power too comes in. Therefore, when we look at the members of the Shūra, the history indicates that excluding `Ali (a.s), all other members were very rich. If it was necessary to constitute the Shūra, he should have opted for persons who had the welfare of the common man at heart instead of picking up a group of persons of high affluence. Even if the selecting is taken as a political expedient, making their decision subservient to one person under the sharp edge of the sword was the biggest impediment to the freedom of opinion and had made a farce of the Shūra!

`Umar had made the yardstick for the selection of the members of the Shūra their closeness to the Prophet (a.s) and his liking for them. But the question arises whether these persons only were those who were liked by the Prophet (a.s) and there were none else who would have similar or better qualification than they did? Was `Uthman selected because the Prophet (a.s) liked him or

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because he was to the liking of `Abd al-Rahman? The Holy Qur’an says thus about the true believers:

لَقَدْ رَضِيَ اللَّهُ عَنْ الْمُؤْمِنِينَ إِذْ يُبَايِعُونَكَ تَحْتَ الشَّجَرَةِ.

“Certainly, Allah was well pleased with the believers when they swore allegiance to you under the tree. (48/18)”

It is certainly not possible that those whom Allah likes, the Prophet (a.s) would not like them. When the privilege of the Prophet’s liking was also enjoyed by other persons as well, then restricting the ‘liking’ only to the six persons is certainly full of meaning. Was the Prophet (a.s) happy with only six Muhajirūn and with none from the Ansar? If the Prophet (a.s) liked these six, the reasons for the liking should have been highlighted by the selector. But instead of highlighting these, the failings and shortcomings of the members are mentioned in a very ridiculing manner. Abū-`Uthman al-Jahiz writes:

“If someone had said to `Umar that he said that the Prophet (a.s), at the time of his death, was happy with the six persons and he says that the Prophet (a.s) was unhappy with Talhah until he died. He was thus contradicting what he (`Umar) himself said.”[1]

Talhah’s talk that disturbed the Prophet (a.s) was that at the time of the revelation of the verse of Hijab he had said that the Prophet (a.s) was keeping his spouses under the curtains at that time but that they would marry them after his death. After this event, the following Verse was revealed:

وَمَا كَانَ لَكُمْ أَنْ تُؤْذُوا رَسُولَ اللَّهِ وَلَا أَنْ تَنْكِحُوا أَزْوَاجَهُ مِنْ بَعْدِهِ أَبَدًا.

“And it does not behoove you that you should give trouble to the Messenger of Allah, nor that you should marry his wives after him ever. (33/53)”

There was a time when such impertinent words came out of the mouth of Talhah that were highly objectionable, but what `Umar uttered at the time of the Truce of al-Hudaybiyah were words much more objectionable than what Talhah said. If by doubting about the Prophethood and saying that the Prophet (a.s) was talking gibberish in delirium of sickness one could reach the position of the caliphate, why should not Talhah rise to the Committee of the

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Shūra? What was the need to taunt at Talhah during the important and crucial conclave of the Shūra?

The opinion that `Umar expressed about `Ali (a.s) is nothing more than a personally devised talk. Just after the Prophet (a.s) it was said that `Ali (a.s) was too young to aspire for the Caliphate and an old person was suitable for the position. But now when the excuse of age was not there, it was said that he had propensity for humor and the caliphate needs a person with a serious demeanor. This utterance of `Umar gave the opportunity to others to air this opinion around. Therefore, `Amr ibn al-`As put it into the minds of the Syrians that `Ali’s nature was just to keep joking. Hearing about this propaganda, `Ali (a.s) said, “That son of a bad woman surprises me when he says that there is an element of jesting in my nature and I keep jesting around all the time!” No doubt `Ali (a.s) was having an excellent sense of humor that reflected the sense of humor of the Prophet (a.s). He never hurt anyone with his humor. If this element of humor is not a disadvantage for the august position of prophethood, how could it be a disqualification for the caliphate? A person in the position of power need not always keep an angry face. With his sense of humor `Ali (a.s) combined an aura of respect and carriage that attracted the respect of people. Ibn `Abbas says, “When `Ali (a.s) used to sit with us, we never had the courage to start the conversation.”[1]

`Ali (a.s) says in his Will:

“Beware! Do not bring talks that provoke laughter during important discussions even if they are quoted from others.”[2]

Therefore the allegation that `Ali (a.s) used to jest around is absolutely wrong. `Umar had to say something about all the six members. If he did not say what he said, he would have said something else. As far as keeping the caliphate away from `Ali (a.s) was concerned, the very constitution of the Shūra was indicative of that.

Although the Shūra was an invention of `Umar’s mind, `Abd al-Rahman ibn `Awf put it into practice with his cunning. He himself did not expect to get the caliphate because `Umar had cleverly made his son, `Abdullah, the arbiter in the event of a tie. `Abd al-Rahman did not give the opportunity of arbitration to `Abdullah by bringing about the corollary of telling to `Ali (a.s) that he would support his candidature if he agreed to abide by the sirat al-

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shaykhayn (the conducts of the two Caliphs—Abū-Bakr and `Umar) and `Ali (a.s) did not agree to this suggestion. Hence, `Abd al-Rahman supported `Uthman.

Under the basic tenet of Islam `Ali (a.s) had refused to abide by the sirat al-shaykhayn. The intention was to make the sirat al-shaykhayn a part of the Islamic Shari`ah. The Islamic Shari`ah has to be based on the Qur’an and the Holy Prophet’s conduct. Even the two sheikhs were bound to abide by these two! Then what was the need to include the sirat al-shaykhayn or the conduct of any other person as a condition for the caliphate? If that condition was accepted by `Ali (a.s), it would have become a part of the Islamic identity. Therefore, Mulla Qari writes:

“`Ali (a.s) declined to do the emulation of the two Caliphs and `Uthman did agree to that condition.”[1]

Even if `Ali (a.s) is not accepted as the Imam and Khalifah by the Nass, he will certainly be acknowledged as a mujtahid (Interpreter) of very high caliber. Making one mujtahid bound to the interpretations of another is not correct according to the norms. One interpreter cannot be asked to abide by what another has done. Such conditions will create intellectual stagnancy and disturb the spirit of thinking and interpretation. When one has eyes, he has the right to look around. When a person has the ears, he must listen and decide about the things with the help of this sense. Someone asking people to become deaf and blind and toe his line may not be acceptable to them. This has nothing to do neither with wisdom and intellect nor with the Faith of Islam.

If by sirat al-shaykhayn they mean the modus operandi adopted by the first two caliphs in the day-to-day operations of the State, it cannot be made compulsory to be adopted because the circumstances change with the times and the actions have to be devised according to the needs of the day. For example, during the days of `Umar, Iran and Rome were conquered and that brought tremendous wealth to the Arabs. On account of heavy cash-flow, the quantum of pensions and allowances too increased. Now, will following his conduct mean that whether there was sufficient cash in-flow or not, the pensions must be maintained at the inflated levels? Therefore, what was possible during the time of `Umar might not be possible in the subsequent times. It is quite possible that the reason for insisting on following `Umar’s conduct was that they wanted the pensions issued by him to continue during

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the regime of the next caliph! This condition therefore becomes only an economic requirement and does not have anything to do with the caliphate.

After analyzing the events of the Shūra, one comes to the conclusion that `Ali (a.s) had a very radiant side to his personality that with one word he rejected power and pelf to protect the Book and the Sunnah of the Prophet (a.s). If he had accepted the caliphate against the voice of his conscience, whether he acted on the conditions put to him or not, the world would have pointed a finger at him blaming him of opportunism. He has set an immaculate example of taking the Right Path.

This fact is also worth considering that when the past acts of the previous incumbents were not acceptable to him, then how he could accept to emulate them in his own career. When the sirat al-shaykhayn was not worthy of emulation for him, the only alternative for him was to refuse the caliphate with this condition attached to it!