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THE VERDICT OF THE REFEREES

The Agreement of the arbitration was executed on 13 Safar 37 H and during Sha`ban 37 H both the referees, Abū-Mūsa al-Ash`ari and `Amr ibn al-`As met at the place of al-Adhruh lying between Ma`an and Wadi-Mūsa. As agreed earlier, four hundred men from each of the two groups also reached that solace. The chief of the Syrian delegation was Abul-A`war al-Salami and the Iraqi team was led by `Abdullah ibn `Abbas and Shurayh ibn Hani’. Ibn `Abbas was leading the prayers and Shurayh was leading the delegation and had brought a message for Ibn al-`As from `Ali (a.s). Therefore, he met `Amr ibn al-`As and told him that Amir al-Mu’minin (a.s) had sent him the message that the best person is one who moves away from the path of vice and comes to the ways of virtue. This he dies, in spite of the fact that there are worldly benefits in vice and hardships in adopting virtue. Therefore, he exhorted him not to close his eyes to the Truth and make compromises for the sake of power and pelf. He said that whatever he acquires in the world, is bound to go away from him one day. He added that the day was not far away when he will be on the death bed, biting his hands, saying how he wished he had not cooperated with the unjust and had not given the wrong verdict accepting bribes. When `Amr heard this message, he said, “Did ever an occasion came when `Ali had given me advice and I had accepted it? Or ever I acted on his suggestion? Or given any weight to his suggestions?”[1]

Shurayh said, “O son of al-Nabighah! I you did not consider Amir al-Mu’minin (a.s) worthy of advising you, then how is it that Abū-Bakr and `Umar would not do anything important without taking his advice? Certainly, they were better persons than you! `Amr said, “A person of my status does not like to talk with you!” Shurayh rejoined, “This pride and conceit in you is because of your descent from al-`As ibn Wa’il or it is because of the infamy of your mother!” Saying this he stood up and came away from him.


[1] Al-Kāmil fit-Tārīkh, Vol 3, Page 167

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Before this meeting, Mu`awiyah wrote to `Abdullah ibn `Umar, `Abdullah ibn al-Zubayr, Abū-Jahm ibn Hudhayfah and `Abd al-Rahman ibn `Abd-Yaghūth that they did not take part in the battle of Siffin, but they must attend the meeting at al-Adhruh as delegates from him. Therefore, the persons reached the venue before the proceeds of the meeting commenced. Besides them, there were `Abd al-Rahman ibn Abi-Bakr, Sa`d ibn Abi-Waqqas and Mughirah ibn Shu`bah Mughirah met Abū-Mūsa and `Amr separately before the meeting commenced, took their opinion and returned to Mu`awiyah in Damascus.

Mu`awiyah asked Mughirah that he must have studied the circumstances and might have made his own assessment as to whose favor the verdict would go. He said, “I had met Abū-Mūsa and `Amr separately I feel from Abū-Mūsa’s talk that he wants to remove `Ali (a.s) from the caliphate and hand over to such a person who have kept away from fights. His ideal is that only those persons will be beneficial for the people who had not sided with any of the two contending groups nor their hands were red with the blood of the Muslims. I think his leaning is more towards `Abdullah ibn `Umar and you know the bent of mind of `Amr ibn al-`As. His point of view is diametrically opposite to that of Abū-Mūsa. He thinks that remaining neutral at the time of war id not justified. He himself wants to be the caliph or promote his son, `Abdullah, to the position. He considers none else capable of holding the position than himself or his son!” Mu`awiyah was worried when he heard this. When he established contact with `Amr he removed the doubts from the mind of Mu`awiyah.

Before declaring the verdict, the referees had to arrive at a mutually acceptable solution. Therefore, they sat at a predetermined place and the discussion started. `Amr ibn al-`As told Abū-Mūsa, “What is your opinion about `Uthman? Was he killed as an oppressed person? “Abū-Mūsa said, “Yes! He was assassinated as an oppressed person and his killing cannot be justified!” `Amr said, “Mu`awiyah is his successor and inheritor, and the Qur’an says:

وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا فَلَا يُسْرِفْ فِي الْقَتْلِ إِنَّهُ كَانَ مَنصُورًا.

“And whoever is slain unjustly, We have indeed given to his heir authority, so let him not exceed the just limits in slaying; surely he is aided. (17/33)”

`Amr added, “Besides this, the superior pedigree that Mu`awiyah has is not hidden from you. He was a Companion of the Prophet (a.s) and the writer in the Court of the Prophet (a.s) and the brother of Umm al-Mu’minin Ummu-


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Habibah. We should keep these points in mind when we arrive at a decision about the verdict. You also know that the benefit that would accrue if he gets the position, they cannot be expected from anyone else.” After hearing `Amr, Abū-Mūsa said, “When you say that Mu`awiyah is `Uthman’s ‘wali’, it is not tenable with the sons of the deceased being around. `Uthman’s ‘wali’ is his son `Amr. How will it be possible for us to overlook the early Muhajirūn and nominate a person as caliph who neither has precedence in acceptance of Islam nor he has any apparent superiority in him to qualify for the position. You speak of his pedigree. If we make that the yardstick for the selection of the caliph, we must look for the progeny of Abrahah ibn Sabbah because he will be from the descendants of the kings who were ruling the entire East and the West of the world! As far as the questions of benefits are concerned, I cannot take bribes and sell myself! In my opinion, the most suitable person for the caliphate is `Abdullah ibn `Umar! We can perpetuate the name of `Umar by bringing him to the caliphate.”

`Amr said, “In that case, my son `Abdullah would be an ideal candidate. He is a man of learning and piety and has also been a companion of the Prophet (a.s) and he had the privilege of Migrating when the Prophet (a.s) ordered movement of the Muslims to al-Madinah!” Abū-Mūsa said, “But his hands are red with the blood of Muslims! He had participated with you in the unnecessary battles! I still think that `Abdullah ibn `Umar is the best candidate because he has kept away from conflicts and internecine wars.” `Amr said, “Power can be vested in a person who not only takes care of himself, but has concern for the needs of others as well.”

Abū-Mūsa said, “The Muslims have entrusted to us this matter to us after a bloody war. We shall have to address the issue with due diligence and care, lest some new problem raises its head.’ `Amr said, “Then, tell me what we shall do?” Abū-Mūsa said, “I have one idea in my mind. We shall depose both Mu`awiyah and `Ali (a.s) and leave the choice to the Muslims to decide on the most suitable candidate to be their caliph through a Shūra.” `Amr said, “This suggestion is not bad. I agree with it.” Therefore, both the referees decided to announce this to the delegates.

When both the referees separated after the meeting, Ibn `Abbas told Abū-Mūsa, “O Abū-Mūsa! I feel that the decision you have mutually arrived at, `Amr will not abide by that. He is a very cunning person and he will certainly trick you. Therefore, when the time for the announcement came, you must ask him to talk first and then you must make your announcement. If you do not take this caution, remember, he will trick you in such a manner that you will


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not be in a position to show your face to anyone. Abū-Mūsa, the matter on which we have reached unanimity of opinion, in that there is no chance of trickery or deceit. When the day following the meeting, the referees and all the observers from Iraq and Syria assembled in the Masjid, `Amr told Abū-Mūsa, “You make the first announcement.”

`Amr was, throughout these negotiations, giving precedence to Abū-Mūsa as if he was doing it in deference to the age of the person. Because of his simplicity, Abū-Mūsa was getting carried away. He neglected the advice of Ibn `Abbas and very humbly got up and went to the podium. He first delivered a sermon praising Allah and the Prophet (a.s). Then he addressed the crowd in these words, “In view of the welfare of the Ummah we have decided, after much deliberation, that we both shall depose `Ali (a.s) and Mu`awiyah and hand over the matter of the selection of the caliph to the Shūra. Therefore, I remove both `Ali (a.s) and Mu`awiyah from the positions they are holding. Now you can select anyone to be the head of the realm.”

This announcement was very shocking for the Iraqis. But they kept sitting with great patience to hear the same announcement reiterated by `Amr ibn al-`As. `Amr stood at the podium and uttered some words of praise for Allah and said, “You have heard whatever Abū-Mūsa has said! He is the referee nominated by `Ali (a.s). He has removed `Ali (a.s) from his position! I too remove him in a similar manner. But I retain Mu`awiyah because he is the wali of `Uthman and is seeking qisas for his blood. He is deserving of being the successor of `Uthman!” At this statement, the Syrians started shouting slogans of joy and the Iraqis were dumb-founded and looked at each other in surprise. The shouted at this treacherous announcement, but what had happened, had happened! Abū-Mūsa, who was responsible for what happened, was numbed with surprise at the deceit of `Amr ibn al-`As. He told `Amr, “May Allah take away the capabilities from you! You kept me in the darkness and had cheated me! You are like the dog which shivers and keeps its tongue out, whether you hit it or leave it!” `Amr too forgot all the good manners and respect for the old man that he was showing a while ago. He said:

“You are like the ass on which books have been loaded!”[1]

Shurayh ibn Hani’ could not control himself at this act of treachery and deceit and going forward he whipped `Amr ibn al-`As. He too picked up his baton. Some persons intervened and separated them. Shurayh used to say after this event:


[1] Al-Akhbār al-Tiwāl, Page 200

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“I never repented for anything that instead of the whip, why not I used my sword on `Amr!”[1]

`Abbas too very angrily told Abū-Mūsa, “You have seen the result of not heeding my advice. It is none of your mistake! Only such things can be expected from you! It is the fault of those persons who, despite your incapability, nominated you for the very important task.”

`Abd al-Rahman ibn Abi-Bakr said:

“It would have been better for Abū-Mūsa if he died before that day!”[2]

Similarly other persons too expressed their surprise and displeasure at the simplicity and vulnerability of Abū-Mūsa. But the arrow had been shot and who would go into the details of how the verdict was manipulated. The Syrians moved towards Damascus singing and dancing in procession. Reaching there congratulated Mu`awiyah for the honor of caliphate that came his way! The Iraqis trudged towards al-Kūfah sad and crestfallen. Abū-Mūsa too hid his shamed face and proceeded towards al-Madinah!

Abū-Mūsa and `Amr had a binding that their verdict will be only according to the Qur’an and, if they were not able to arrive at a conclusive decision through the Book, then they could make access to the Sunnah of the Prophet (a.s). But none of the felt the need of making access to the Qur’an and the Sunnah According to which Verse of the Qur’an or the Tradition of the Prophet (a.s), `Amr suggested the name of his son, `Abdullah, to be nominated as the caliph? Abū-Mūsa similarly proposed the name of `Abdullah ibn `Umar.

They were both making proposals contrary to their terms of reference. When the early Muhajirūn were alive, how could they come up with the names of much younger persons. These two persons did not have any superiority of piety and learning as well. The son of Ibn al-`As is the person who, at first, warns his father not to go near Mu`awiyah because of his greed for the world. Then he himself joins the ranks of Mu`awiyah’s men and fights with `Ali (a.s) in the battle of Siffin. `Abdullah ibn `Umar was the person whom his own father, `Umar, considered incapable of becoming the caliph because he was unaware of the procedure and requirements for divorce.


[1] Al-Kāmil fit-Tārīkh, Vol 3, Page 168
[2] Al-Kāmil fit-Tārīkh, Vol 3, Page 168

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When he constituted the Shūra of six persons, he did not include the name of this son in the list. Then, what right had the referees to nominate a caliph? Or to depose Amir al-Mu’minin (a.s) from the caliphate and hand it over to Mu`awiyah? The people who crowded round Mu`awiyah, had come to him for the purpose of seeking qisas for `Uthman’s blood. They participated in the war because Mu`awiyah had drilled it into their minds that the responsibility for the assassination of `Uthman was on `Ali (a.s). They did not participate in the war to put Mu`awiyah on the seat of the caliphate, but these referees totally forgot about the qisas and made the caliphate the topic of discussion! The caliphate was neither in dispute nor had anything to do with the arbitration. They should have discussed about the assassins of `Uthman and should have decided whether Mu`awiyah was entitled to claim retaliation for the blood of `Uthman or is it the right and duty of the center? But when the minutes of this meeting are studied in detail, not a single reference has been made of the suspected assassins of `Uthman nor did they bother to mention about the qisas. However `Amr said once that `Uthman was assassinated in oppressive circumstances and that Mu`awiyah was his wali and the claimant for qisas. But then, this talk too ends up with the mention about the caliphate and it is used as Mu`awiyah’s qualification for the caliphate. Ibn Hajar al-Makki, and the historians of his ilk, tried their best to prove that Mu`awiyah’s heart was free of the greed for the caliphate. They have stressed that he was not fighting for the caliphate and his battle was only for seeking the retaliation for the blood of `Uthman. Therefore, he writes:

“The belief of al-sunnah wal-jama`ah is that the wars fought between Mu`awiyah and `Ali (a.s) were not because Mu`awiyah was fighting with `Ali (a.s) for the caliphate. For the caliphate the consensus (majority decision) was already there!”[1]

If Ibn Hajar meant that Mu`awiyah had no dispute with `Ali (a.s) about the caliphate, was accepting his caliphate, then it is only a shallow claim that has no proof. If he had accepted the caliphate of `Ali (a.s), then what was the need to refuse owing allegiance to him? Denying to extend one’s hand is bay`ah is certainly tantamount to denying acceptance of his caliphate. If he says that Mu`awiyah was not aiming at elevating himself to the caliphate, the events of those days prove quite the contrary. If he was not aiming at the caliphate, how could he fulfill his promise of giving the governorate of Egypt to `Amr ibn al-


[1] Al-Sawā`iq al-Muhriqah, Page 216

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`As! On what strength Mu`awiyah offered the governorate of al-Basrah or al-Kūfah to Ziyad ibn Khasfah, a commander of `Ali’s army as a bribe? On what basis he offered Khorasan to Khalid ibn Mu`ammar and Iraq to Qayl ibn Sa`d. All these were the prerogative of the caliph, and Mu`awiyah was angling for that position. It is clear all these promises could have been met only after assuming the seat of Caliphate! All these conflicts were the precursor of the ambition to establish the Umayyad hegemony!

Mu`awiyah’s came about against the “consensus” and because of the treachery of `Amr ibn al-`As. It was decided by both the referees that both `Ali (a.s) and Mu`awiyah must be deposed from their positions. But `Amr contravened the understanding and announced that `Amr ibn al-`As upheld the removal of `Ali (a.s) and announced that Mu`awiyah was not deposed from his position. A caliphate that was based on this treacherous act is compared with the caliphate that had the consensus of the people is something ridiculous that has happened in the annals of the history of Islam. In the view of the scholars of the Ahl al-Sunnah, when there is one caliph in position, there cannot be bay`ah for the selection of another person in his place. In fact, there are several traditions of the Prophet (a.s) in this regard:

“When a situation arise that there is bay`ah for two caliphs, kill the latter claimant.”[1]

The part played by Abū-Mūsa about the arbitration cannot be expected of a person with average intelligence. First he tried to place `Ali (a.s) and Mu`awiyah at the same level made the move of deposing both from their positions. This would mean that both were equal and claimants for the caliphate and that he had been entrusted the duty to make a decision about that! However there was no question of deposing Mu`awiyah was not there because he was neither a caliph nor the candidate for the position! Amir al-Mu’minin’s caliphate was having the consensus of the people of Hijaz, Egypt, Yemen, Khorasan and his selection was also backed by the Senior Companions of the Prophet (a.s).

Treating them on par in the matter of the caliphate is something very ridiculous. If this was not the result of the Umayyad intrigue, then what was it? Amir al-Mu’minin (a.s) knew this and therefore he was opposing the nomination of Abū-Mūsa as the referee. He had also experienced his actions during the Battle of the Camel as well. This responsibility too goes to the weak shoulders of the persons who insisted on his selection although they


[1] Jāmi` al-Usūl, Vol 4, Page 442

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knew that Abū-Mūsa carried hatred against the Imam (a.s) in his heart.

Abū-Mūsa also knew that in the event of `Ali (a.s) succeeding, he would not get any benefits from him However, success of Mu`awiyah would bring him some position of importance or other. Therefore, When Mu`awiyah came to power, Abū-Mūsa wore a big cap and addressed him with the appellation, “Peace be upon you, O Allah’s Trustee.” Mu`awiyah understood that he had come to get the gratification for his services. When he was out of sight, Mu`awiyah told his courtiers:

“This reverend old man has come that I appoint him governor to some province. But, by Allah! I shall not give him any position!”[1]

Because of the lopsided decision on the arbitration, the differences remained as they were. In fact, It gave rise to a second front against him in the shape of the Khawarij on one side was Syria and on the other the mischief of the Khawarij!


[1] Tārīkh al-Tabarī, Vol 4, Page 245