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THE AGREEMENT FOR ARBITRATION

When an agreement was reached that there will be arbitrations, the reciters of the Holy Qur’an from Iraq and Syria decided that there will be two referees. One will be nominated by the people of Syria and the other by the Iraqis. Both the referees will give the verdict in the light of the Qur’an and the Sunnah of the Prophet (a.s).

Their verdict will have to be acceptable to both the parties. The Syrians nominated `Amr ibn al-`As and from Iraq, al-Ash`ath ibn Qays, Mus`ir ibn Fadki, Yazid ibn Husayn etc. nominated Abū-Mūsa al-Ash`ari as the referee. He was resident in Syria. When Amir al-Mu’minin (a.s) heard the name of Abū-Mūsa, he said:

“I have no confidence on the opinion and the discretion of Abū-Mūsa. I want to give the authority for arbitration to `Abdullah ibn `Abbas.”[1]

The persons who suggested the name of Abū-Mūsa said that he, `Ali (a.s) and Ibn `Abbas were the same and it would mean that he was himself the referee in the matter concerning him. They said that they want a referee who is independent and impartial. The Imam (a.s) said that in that event why did not they object to the nomination of `Amr ibn al-`As. They said that they were concerned only about the referee from their side and not about the Syrian nominee.

The Imam (a.s) said that if they object to the name of Ibn `Abbas, he would suggest Malik al-Ashtar, instead. They said that he was the person who gave wind to the fire of war and how could he allow the arbitration to succeed. He will look for further opportunity for conflict The Imam (a.s) then said, “If you insist on having Abū-Mūsa as the referee, I leave the matter to you.” al-Ahnaf ibn Qays said, “O People! If you do not like Ibn `Abbas and Malik al-Ashtar, you may nominate me as the referee. I am well aware of `Amr’s cunning ways and he will not be successful in tricking me. If you do not want me, select

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someone else. But do not select Abū-Mūsa. Instead of setting right the matters, he will complicate them further.”

It was a part of the conspiracy that Abū-Mūsa’s name was pushed forward. They adamantly held to their suggestion and Abū-Mūsa al-Ash`ari was nominated as the referee.

After the selection of the referees, when `Abdullah ibn Rafi` started writing down the terms of reference, he wrote the following words as a preamble to the document. “Amir al-Mu’minin `Ali and Mu`awiyah ibn Abi-Sufyan has decided that…” `Amr ibn al-`As objected to the word “Amir al-Mu’minin” and said that he might be the Emir of others but not theirs! He therefore asked the word to be deleted from the document. Only his name and the father’s name are entered. Al-Ahnaf ibn Qays told the Imam (a.s) that he should not agree to the deletion of the word “Amir al-Mu’minin” even if it caused renewal of the conflict. He added that if this word was deleted today, the Emirate would not ever come back to him. Al-Ash`ath ibn Qays and his supporters were insisting that the word be deleted. In utter unconcern, the Imam (a.s) was sitting quietly in his place and seeing the reflection of the Treaty of al-Hudaybiyah in the events of the day. After a few moments of quiet he said, “When I drafted the agreement of the Treaty of al-Hudaybiyah, I wrote the word “rasūlullah (Allah’s Messenger)” in the preamble when the representative of the Quraysh, Suhayl, said that they did not recognize him as Allah’s Messenger and wanted me to delete the word and to enter “Muhammad ibn `Abdullah” instead. I was hesitant to score away the word “rasūlullah”. But the Prophet (a.s) said:

Write what he wants. One day you too will face a similar situation and you will be helpless.”[1]

At this `Amr said angrily that he considered them infidel like those people. The Imam (a.s) replied:

“O son of al-Nabighah! When were you not the friend of the transgressors and the enemy of the Muslims? You are like the mother who bore you!”[2]

Ibn al-`As said, “After today, we shall never sit together nor see each other’s face “The Imam (a.s) replied, “I too wish this! May Allah keep my company free of persons like you!”

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When the word “Amir al-Mu’minin” was struck off and the writing of the document was re-commenced, the Imam (a.s) was asked if he considered Mu`awiyah and the people of Syria Muslims? He said:

“I do not accept Mu`awiyah and his companions are Muslims and mu’min. But Mu`awiyah is free to write what he wants about himself and his men, admit whatever he wishes to admit and suggest whatever name he wants to.”[1]

At last, the agreement was drafted that had the following terms:

(1) It will be binding on the referees on both sides that their decision will be based on the Qur’an. If they are unable to arrive at a decision through the Book, they will make access to the Traditions of the Prophet (a.s) that are acceptable to both.

(2) The decision made by the referees shall be binding on both the parties, provided the decision is based on the Qur’an and the Sunnah.

(3) The referees to give their verdict within the current month of Ramadan. If they felt the need to extend the duration, they could mutually decide to do that.

(4) If the referees required evidences for arriving at a decision, they will be arranged.

(5) There will be no hostility until the referees come to a final conclusion about the dispute. Both the parties will ensure safety of the lives and properties of the referees. There will be no restriction on the movement of the parties to the dispute.

(6) If, before the verdict, any of the two referees died, his party can nominate another referee in his place.

(7) The verdict will be announced at a place that lies between Iraq and Syria.

Most of the terms of this agreement concern the administrative requirements and the basic requirement was that the verdict of the referees had to be in accordance to the Qur’an and the Sunnah and that they had no right to arrive at any decision on their personal intuition and thinking. If they did not follow this condition, their arbitration will be void. The earlier events are a proof that making claim for qisas and raising the Qur’an was with the purpose of misleading the people and the demand for arbitration too was an evil

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subterfuge of the Syrians. The referees neither referred to the Qur’an nor they talked of the relevant Traditions of the Prophet (a.s). One referee tried to defeat the other with futile arguments.