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THE REACTION OF KHAWARIJ AGAINST ARBITRATION

The armies of Iraq and Syria were still in Siffin when the terms of reference for the arbitration were decided, when a whispering campaign was started against it. Therefore, when al-Ash`ath ibn Qays went to the different tribes and read to them the terms of reference, the feelings against the arbitration were aroused. The same people, who were strongly talking in favor of arbitration to stop unnecessary bloodshed, started speaking against it. When the tribe of Banū-Anza heard the terms of reference, two brothers from the tribe, Ju`d and Ma`dan, raised the slogan of “There is no referee but Allah”, took swords in their hands, came in the open and died fighting with others. When Banū-Murad heard about the terms, Salih ibn Shafiq said, “There is no arbitrator but Allah, even if it is not acceptable to the hypocrites.”

When the terms were read to Banū-Rasib, they opposed the arbitration saying, “In Allah’s Faith, men cannot be made the arbiters!”

The majority of the opponents of the arbitration were from Banū-Tamim. When the terms were read to them, `Urwah ibn Adiyyah al-Tamimi said to al-Ash`ath:

“Have you appointed men as arbitrators in the matters of Faith? O al-Ash`ath! If this was to happen, then why our men were killed in the battle?”[1]

Then he took his sword and attacked al-Ash`ath. Al-Ash`ath was astride his horse at that time. In escaping from the attack, the sword hit the rear of the horse without any injury to him.

Because of the cessation of the hostility and the controversy of arbitration, the unity of the Iraqis was disturbed. When Muhriz ibn Khunays saw the circumstances getting worsened, he came to the presence of the Imam (a.s) and said, “O Amir al-Mu’minin! Is there no way of canceling the agreement? I have a doubt that it might give rise to a great mischief and you will have much difficulty because of that!” The Imam (a.s) said:

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“Can I breach an agreement after signing it? It is not permissible in any condition!”[1]

When Amir al-Mu’minin (a.s), did not like to make access to arms after laying them down in terms of the agreement, the germs of rebellion arose and besides the parties of `Ali (a.s) and `Uthman, a third group raised its head and people started joining the new formation. This party was of those who wanted to continue the fight on those who were insisting on imposing ‘the arbitration’. The slogan that two youths, `Urwah and al-`Adiyah, had shouted in their emotional outburst, became the slogan of the new group. When both the armies returned, and Amir al-Mu’minin (a.s) proceeded with his army towards al-Kūfah, the faces of men were glum and the eyes reflected anger. Some had the shock that the battle was abandoned when it was almost won. Others were angry why the arbitration was agreed to. Differences were already there and when they reached near al-Kūfah, a big chunk of 12,000 men refused to enter the bounds of the city and stayed at Harawra, a place outside al-Kūfah. They formed a permanent front with the slogan of “There is no referee but Allah!” This group was known as Khawarij or Harūriyyah. They selected Shabath ibn Rab`i as their chief and `Abdullah ibn al-Kawwa al-Yashkuri as their Imam.

Despite their headstrong behavior, Amir al-Mu’minin (a.s) did not take any action against them. He knew that punitive action against the stubborn people would make them more stubborn. Only soft treatment and logic could bring such persons to the right path. Therefore, he tried to convince them through argument and advice. He decided to go personally to them and discuss the matter at length. He sent Ibn `Abbas in advance with clear instructions not to broach the main topic until he himself reached the place. His fear was that the Khawarij might not accept `Abbas’s arguments and make up their minds not to talk any further on the subject.

When `Abbas reached the midst of the Khawarij, they did broach the subject of the arbitration. They said the punishment in the Shari`ah for adultery was a hundred lashes and for theft cutting off the right hand. This is the command of Allah and none has the right to change this Law. Then how is it legitimate to appoint two persons to arbitrate in the matter of Faith? Ibn `Abbas could not control himself and said that Allah observes about the persons who hunt while wearing Ihram:

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يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنْتُمْ حُرُمٌ وَمَنْ قَتَلَهُ مِنْكُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنْ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ.

“O you who believe! Do not kill game while you are on pilgrimage, and whoever among you shall kill it intentionally, the compensation (of it) is the like of what he killed, from the cattle, as two just persons among you shall judge. (5/95)”

The Khawarij said that on the massacre of Muslims qiyas (conjecture) cannot be done and, then, who is `Amr ibn al-`As? Until yesterday, we were considering him as an unjust (unreliable) person and fighting with him. How could he be just today? They said that two persons have been named the arbitrators in the matters of Allah, but when Mu`awiyah and his men rebelled; Allah’s Command was to kill them or seek their repentance! Instead of doing either of the two things, you people have made a truce with them although, after the revelation of the verse of Bara’ah, there is no question of truce with the aggressors until they agreed to pay the jizyah.

In this time Amir al-Mu’minin (a.s) arrived and finding Ibn `Abbas busy in conversation, he said, “I had asked you not to start any argument! “Then he turned towards the Khawarij and said, “Why have you rebelled against us? “They said, “We differ in the matter of the arbitration!” `Ali (a.s) said, “You will remember that when the Syrians raised the Holy Qur’an on their spears, I had told you people that those men neither had anything to do with the Faith nor with the Book. To save themselves from the ignominy of defeat they were taking shelter behind the Qur’an. But you said that you are satisfied with the verdict of the Qur’an and forced me to stop the battle, that I stop fighting and accept the arbitration although I did not like the idea. When I had to accept the arbitration because of your adamancy, I imposed a condition on the arbiters that their verdict has to be only on the basis of the Qur’an and the Sunnah. If they gave a verdict against these conditions, it will be turned down.”

The Khawarij said, “All this is true, but you should not have agreed with us and rejected the proposal of the arbitration. We do accept that supporting the arbitration we committed infidelity. But we are now repentant about our attitude then. As we have accepted our act of infidelity, you too should accept that you committed infidelity and express repentance! Then we shall enter your bay`ah and obey you!” The Imam (a.s) said, “How I have I become an infidel by accepting the arbitration, when Allah himself has permitted appointment of arbitrators. Therefore, about the differences between husband

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and wife He says:

وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِنْ أَهْلِهِ وَحَكَمًا مِنْ أَهْلِهَا.

“And if you fear a breach between the two, then appoint judge from his people and a judge from her people. (4/35)”

Then, are the differences in the Ummah less important than the differences between individuals?” They said, “You must have made the Qur’an the Arbitrator instead of nominating men to resolve the issue!” The Imam said:

“We did make the Qur’an the arbiter and not the men. But since the Qur’an is between the two of its bindings, and cannot speak, men have to interpret it.”[1]

When the Khawarij could not reply this, they said, “Because of `Amr ibn al-`As objecting, you had struck off the word “Amir al-Mu’minin” from the document. This meant that you have demitted the position of Emir and caliph.” The Imam (a.s) said, “At the time of the Treaty of al-Hudaybiyah, the Prophet of Islam (a.s) had struck off the word “rasūlullah” from the document of agreement. Does it mean that he was announcing that he was forsaking the prophethood? My action was in complete emulation of what the Prophet (a.s) did at the time of that treaty. He had also told me, ‘O `Ali! You will be faced with a similar situation one day, and you will also have to do what I am doing now!’ “The Khawarij said, “Why did you keep quiet and give them a long rope?” The Imam (a.s) replied, “I wanted people to know the truth and the ignorant become aware and those who know become firm in their knowledge and thus a way for amity between the Muslims was paved!” The Khawarij kept quiet at this point.

Then the Imam (a.s) said, “May Allah be kind on you! Get up and come back to your homes!” The Khawarij were momentarily impressed with the Imam’s argument and offered the ²uhr Prayer in congregation behind him and entered the city.

These people did return to al-Kūfah, but their minds were still not free of the confusion. When they were asked about the change of their attitude, they said that their stand was the same as it was before. When they were asked about their decision to return to al-Kūfah they said that when (a.s) pointed out that they themselves were championing the arbitration, they admitted that they had committed an act of infidelity by doing that, but they had expressed their

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repentance for the act and added that if he too accepted his act as infidelity and expressed penitence, they would start following him. They said that the Imam (a.s) had accepted their stand and had asked them to wait for six months for the preparations for war against the Syrians. The Khawarij made access to falsehood to cover their shame. Therefore, Ibn al-Athir writes:

“Whatever the Khawarij had said in their false sense of pride was all shame.”[1]

Although this statement of the Khawarij was false, and became talk of the town, going from mouth to mouth and people started gossiping that the Imam (a.s) had expressed repentance for his sin of acceding to the arbitration and had decided to attack Syria before the verdict of the arbiters was out. To give boost to the mischief, al-Ash`ath ibn Qays told the Imam (a.s), “O Amir al-Mu’minin! People are saying that you consider the arbitration as deviation and insistence on it infidelity.” The Imam (a.s) felt it necessary to refute this. He went to the pulpit and told before a crowd that the person who says that I have recanted from the agreement for the arbitration is a liar. At this declaration of the Imam, the Khawarij were furious. Their lie was exposed. As a protest, they started shouting the slogan of “There is no referee but Allah” Then this slogan was heard from every corner of the mosque. One person addressed the Imam (a.s) and recited the following verse:

وَلَقَدْ أُوحِيَ إِلَيْكَ وَإِلَى الَّذِينَ مِنْ قَبْلِكَ لَئِنْ أَشْرَكْتَ لَيَحْبَطَنَّ عَمَلُكَ وَلَتَكُونَنَّ مِنْ الْخَاسِرِينَ.

“And certainly, it has been revealed to you and to those before you: Surely if you associate with Allah, your work would certainly come to naught and you would certainly be of the losers. (39/65)”

Amir al-Mu’minin (a.s) recited the following verse in reply:

فَاصْبِرْ إِنَّ وَعْدَ اللَّهِ حَقٌّ وَلَا يَسْتَخِفَّنَّكَ الَّذِينَ لَا يُوقِنُونَ.

“Therefore be patient; surely the promise of Allah is true and let not those who have no certainty hold you in light estimation. (30/60)”

As the time for the verdict by the referees drew near, the mischief of the Khawarij too increased. Their faces showed that they were beyond any reform and wanted to be subdued only through the sword. When the time for the

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departure of Abū-Mūsa came near, they tried to create an excuse for fighting and two of their representatives, Zar`ah ibn Burūj al-ta’i and Hurqūs ibn Zuhayr al-Asadi came to the Imam (a.s) and raised the slogan of “There is no referee but Allah.” Then, Hurqūs, in an impertinent tone said, “You have committed a sin and you must do penitence for that! You must abstain from the arbitration, go to Syria and fight with the enemy.” The Imam (a.s) said, “When you wanted to stop the battle I insisted to carry on with it. But you were adamant for stopping the battle that we were about to win! Now there is an agreement for arbitration, and we are bound by the agreement, as Allah has said:

وَأَوْفُوا بِعَهْدِ اللَّهِ إِذَا عَاهَدْتُمْ وَلَا تَنقُضُوا الْأَيْمَانَ بَعْدَ تَوْكِيدِهَا وَقَدْ جَعَلْتُمْ اللَّهَ عَلَيْكُمْ كَفِيلًا إِنَّ اللَّهَ يَعْلَمُ مَا تَفْعَلُونَ.

“And fulfill the covenant of Allah when you have made a covenant. (16/91)”

Hurqūs said that agreement was sinful and against the Shari`ah. There is no justification for following it. The Imam (a.s) said that the agreement for the arbitration was no sin, but it was the result of the weakness and futility of your thinking. I had warned you people against the arbitration, but you did not agree and stopped fighting the battle. Now Zur`ah ibn Burj said, “O `Ali! If you do not withdraw from the agreement of the arbitration, then, to please Allah, we shall fight with you.”

The Imam (a.s) replied:

“May harm come to you! You ill-fated person! I am seeing with my eye that you have been killed and the desert wind is piling sand over you!”[1]

Now the Khawarij turned the mosque into a center for intrigue and mischief. Whenever the Imam (a.s) stood up to deliver sermons, they raised noises from all directions. Once they raised their usual slogan and the Imam (a.s) said, “allahu-akbar! What they say is correct but their intentions are wrong! If they remained quiet, we shall continue to do good to them. If they talk against us, we shall quieten them with reasoning and proof. If they attack us, we shall fight with them!”

At this point one Khariji, Yazid ibn `Asim al-Muharibi stood up disturbed and said, “O `Ali! Why are you frightening us with death? We are sure we shall soon rain the swords on you. We cannot bear with calumny in the matters of

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the Faith! If we do that we shall be inviting the wrath of Allah.” One day when Amir al-Mu’minin was delivering his sermon in the mosque, shouts and slogans were raised from all sides. The Imam (a.s) said:

“Allahu-akbar! Your slogan is the word of Truth, but your intentions are wrong! As long as you remain with us, three of your rights are our responsibility: We shall not stop you from taking Allah’s name in the mosque, if you participate with us in Jihad you will not be deprived of the booty and we shall not battle with you until you start the fight!”[1]

Instead of taking a lesson from the patience and equanimity of Amir al-Mu’minin (a.s), the Khawarij were bent on insolence and mischief and increased their nefarious activities against him. Therefore, in the house of `Abdullah ibn Wahab al-Rasibi they met and chalked out their program for the future. He suggested that they must leave the city and go to far away places so that they could plan to fight against the innovations of the cruel people of this city. Hurqūs ibn Zuhayr endorsed this suggestion and agreeing to the proposal, Hamzah ibn Sinan said that this end could be achieved in an organized manner only, therefore select someone from amongst you as the wali al-amr (Supreme Leader) because it is essential for you to have a leader and guide![2]

There was general agreement on this suggestion and Yazid ibn Husayn al-ta’i was asked to become their leader. But he refused to accept the responsibility. The one after the others the names of Hurqūs ibn Zuhayr, Hamzah ibn Sinan and Shurayh ibn Awfa al-`Absi were proposed, but all three of them expressed their inability to accept the position. In the end, `Abdullah ibn Wahab was asked to take charge as the leader of the group. He said, “If I become emir, it is not for worldly honor. If I do not accept it, it will not be out of fear of death! If appointment as emir is essential, I cannot shirk from the responsibility!”

After this selection, they assembled at the place of Shurayh ibn Awfa for further discussions. `Abdullah ibn Wahab said that when they are deciding to leave al-Kūfah, they must proceed to a place where they would be able to enforce Allah’s Commands without any let or hindrance. Shurayh said that al-Mada’in would be a suitable place for their purpose. He said that they would

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force out the inhabitants of that place and occupy it. The people who subscribe to the same creed as them too would be asked to come to al-Mada’in. Yazid ibn Husayn said that if they went to al-Mada’in with the idea of evicting the inhabitants there, they would certainly resist with force. Therefore, he suggested going to Nahrawan instead of al-Mada’in.

After general agreement on this suggestion, it was decided that instead of going as a large group, they would go in twos and threes so that unnecessary attention of others was not attracted and no one tries to prevent them from going. Therefore, as planned, they started moving away from al-Kūfah to Nahrawan. They deputed `Abdullah ibn Sa`d al-`Absi to al-Basrah to apprise the like-minded persons there about their move to Nahrawan and to motivate them to join them there. The men in al-Basrah agreed and promised to proceed to Nahrawan at the earliest.

Among those who moved to Nahrawan was `Adi ibn Hatam’s son, turfah. On reaching Sib, he joined the group of Yazid ibn Husayn. When `Adi learned of his sons’ escape from al-Kūfah, he was much worried and went in his search to al-Mada’in. But there he found none of the Khawarij. Then he thought of returning to al-Kūfah. When he arrived at Sabat, he chanced to meet `Abdullah ibn Wahab, who wanted to cross the river at `Aqūl to reach Nahrawan. Finding `Adi alone, `Abdullah ibn Wahab wanted to kill him. But `Amr ibn Malik al-Mabhani and Bishr ibn Yazid al-Bawlani intervened to save him. `Adi asked the governor of al-Mada’in, Sa`d ibn Mas`ūd to intercept the group of the Khawarij. Sa`d left his nephew, al-Mukhtar ibn Abi-`Ubayd in charge at al-Mada’in and preceded in search of the Khawarij. `Abdullah ibn Wahab had only thirty horsemen with him. He got suspicious, and changing his route headed towards Baghdad.

However Sa`d chased and caught up with him at the place of Karkh around sunset. The groups fought for sometime and then Sa`id’s men decided to let them go thinking that Amir al-Mu’minin (a.s) had asked them not to start any fight by themselves. They wanted to inform Amir al-Mu'minin (a.s). If he asked them, they would chase the persons, or else allow them to go wherever they wished to go. But Sa`d wanted to fight with them. It was night and fighting could be done only with sunrise. They slept near the place where the Khawarij were sleeping. `Abdullah ibn Wahab took advantage of the darkness of the night and they quietly crossed the river and reached Jawkhi and from there they moved to Nahrawan. The other Khawarij were camping near the bridge of Nahrawan waiting for `Abdullah ibn Wahab and his men. They were thinking of appointing Hurqūs ibn Zuhayr or Yazid ibn Husayn as their emir

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when `Abdullah ibn Wahab arrived. From al-Kūfah, al-Qa`qa` ibn Qays al-ta’i, `Abdullah ibn Hakim, Salim ibn Rabi`ah al-`Absi and some more persons were planning to join the group of Khawarij, but the people at their homes stopped them from going. Salim ibn Rabi`ah was called by Amir al-Mu’minin (a.s) and prevented from going.

From al-Basrah, five hundred Khawarij, in the leadership of Mus`ir ibn Fadki al-Tamimi started for going to Nahrawan. When the governor of al-Basrah, Ibn `Abbas, knew about this, he deputed Abul-Aswad al-Du’ali in their pursuit to convince them to come back. When Abul-Aswad reached near the Khawarij, it was already night. The Khawarij gave him an impression that they intended to halt at Jasr for the night. Abul-Aswad too camped there for the night. But the Khawarij escaped in the darkness of the night and reached Nahrawan. The Khawarij from al-Kūfah, al-Basrah and the environs assembled in Nahrawan and made it the epicenter of mischief and rebellion.

Because of this congregation of the Khawarij, some sincere companions of Amir al-Mu’minin (a.s) wanted to renew their bay`ah with the Imam (a.s). Therefore, they came to the presence of the Imam (a.s) and said, “We owe our bay`ah to you on the agreement that whoever is your friend, we shall befriend him and those who are your enemies, we shall be inimical to them!” The Imam (a.s) took bay`ah from them, and told Rabi`ah ibn Abi-Shaddad al-Khash`ami, who was with the Imam (a.s) in the battles of Jamal and Siffin, “You too owe bay`ah in the light of the Qur’an and the Sunnah!” He said, I shall owe bay`ah to you in the light of the Sunnah of Abū-Bakr and `Umar!” The Imam (a.s) asked him, “Do not you accept the Book and the Sunnah of the prophet (a.s)? If the Sunnah of Abū-Bakr and `Umar is against the Book and the Prophet’s Sunnah then there is no reason for making the condition!” Again, the Imam (a.s) looked at him with changed demeanor and said:

“By Allah! I am visualizing the scene with my eyes that you have gone out with the Khawarij and the horses are trampling you under their hooves.”[1]

It is true that practical behavior is a reflection of the state of the mind. Then the Khawarij were the victims of their own mental upheaval. They not only accepted the arbitration but they also forced Amir al-Mu’minin to accept it. But when he agreed for the arbitration, they came up with the slogan of “There is no referee but Allah”.

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The Khawarij had based their slogan on the Qur'anic verse “The judgment is only Allah’s.”

They formed the idea that the state is for Allah and that the bay`ah too is for Allah and there is no other ruler than Allah. Thus, this slogan became the forerunner a new concept of governance. The Khawarij, under the shadow of this Verse, started saying that they wanted to establish the divinely commissioned government or the Divine Rule! They have never given the matter a thought that the divinely commissioned government does not do away with the concept of the Emirate. But it means that the norms of the divinely commissioned government are propagated and implemented by the just Amir and his representatives. Against such an Amir, and his representatives, none has the right of commenting. Therefore, giving meaning to the verse, “The judgment is only Allah’s” that the state and the rule cannot be of anyone else than Allah and that for the religious and Worldly organizations there is no need for an Emir is not right. This verse is about Prophet Jacob and the full text is as follows:

وَقَالَ يَا بَنِيَّ لَا تَدْخُلُوا مِنْ بَابٍ وَاحِدٍ وَادْخُلُوا مِنْ أَبْوَابٍ مُتَفَرِّقَةٍ وَمَا أُغْنِي عَنكُمْ مِنْ اللَّهِ مِنْ شَيْءٍ إِنْ الْحُكْمُ إِلَّا لِلَّهِ عَلَيْهِ تَوَكَّلْتُ وَعَلَيْهِ فَلْيَتَوَكَّلْ الْمُتَوَكِّلُونَ.

“And he said: O my sons! Do not (all) enter by one gate and enter by different gates and I cannot avail you aught against Allah; judgment is only Allah's; on Him do I rely, and on Him let those who are reliant rely. (12/67)”

In this verse, the event is mentioned when Prophet Jacob (a.s) sent his sons to Egypt he told them, “You must enter through different doors so that you save yourselves from evil eyes. It is not necessary that if you use different doors you will certainly remain safe, because only Allah’s Order is supreme. Whatever He decides to happen, that happens! Against His wishes, others’ desires do not fulfill. But even then, you must exercise care!” This is the purport of the verse. But the Khawarij saw neither the occasion about which the Verse was revealed nor did they consider its full meaning. They attached the meaning to a part of the Verse that there cannot be any Emir in the world and it is only on Allah’s Orders (Hukm) that world must run! About this wrong notion of the Khawarij, Amir al-Mu’minin (a.s) has said, “It is right to say, that no doubt, it is Allah’s prerogative to ‘Order’ for things to happen but their intent in applying the Verse is wrong. They say that the rule too is Allah’s.

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However, for people it is necessary to have a Hakim or Ruler”. Therefore, this concept of the Khawarij only remained a concept and it could not be implemented at any time in human history. Even the Khawarij could not implement this impracticable concept when they had the opportunities and kept on choosing Emirs to govern them! It is an established fact that from the political and administrative point of view it is essential to have the head of state, whether the state is run by an individual or a group of persons. If there is no governance the state cannot be organized properly. If the slogan of the Khawarij was on the basis of honesty and good intentions, they could have said that appointment of “Hukm” is justified, as the Prophet (a.s) did in the matter of Banū-Qurayzah appointing Sa`d ibn Mu`adh as the arbitrator, but when the enemy was trying to cheat through the institution of the arbitration it was not desirable. If they did this, their protests could have been justifiable to a certain extent. But what they did was to make the arbitration an excuse to create mischief and disorder and under the slogan of Divine Government, they intended to bring back the tribal anarchy that prevailed in the Days of Ignorance in Arabia.

The Divine Government is based on the norms and Commands of the Shari`ah that have been constituted in the light of the Divine Revelations by the Prophet (a.s) and have to be implemented by a just and fair ruler.