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giving them their shares. Yet, `Umar said, "What shall we say to the
other Muslims who will find these lands distributed, inherited, and seizeda
This is indeed not accurate!"
`Abd al-Rahman ibn `Awf asked, "What is the accurate opinion, thena The
lands and the non-Muslims therein are within the spoils of war that Almighty
Allah has given exclusively to the warriors."
"This is true, but I do not think so," answered `Umar.
The warriors then talked very much with `Umar about the matter showing that
it would not be fair to give the lands that they could occupy by their own
swords to others who neither participated nor even saw these lands. Whatever
they said, `Umar answered with "This is my opinion!"
Finally, they had to succumb and say, "It is up to you."(1)
Of course, such a furious clash between the Sahabah, about one of the
simplest jurisprudential terms, would have never occurred during the Holy
Prophet's lifetime where there was an authority to whom all the Muslims
would refer as regards any issue. Hence, because the Muslims did not gather
around the divinely commissioned authority, their personal opinions and
disagreements in the religious affairs increased causing dispute and even
fighting. Immediately after the departure of the Holy Prophet, the negative
consequences of the Muslims' negligence of the divinely commissioned
authorities appeared although the Holy Prophet had warned them against such
in many traditions, such as the famous Hadith of Arikah and the other
Hadiths of the warning against personal opinions. Imam `Ali and the honest
Sahabah not only were depressed for the seizure of the political leadership
of the Muslims but also they felt greater pains for the occurrence of such
disagreements, separation, and violations of the unity and religious
authority of the Muslims. For this very reason, the complaints of Imam `Ali,
Anas, `Ammar, and many other Sahabah increased during that period. Hudhayfah
ibn al-Yaman, the keeper of the secret regarding the names of the hypocrites
among the companions of the Holy Prophet, warned so sorrowfully against
disagreements and contradictions of opinions that occurred after the waste
of the actual authority of Islam and the foundation of ungrounded
leaderships. In this respect, it has been narrated on the authority of
al-Barra' ibn `azib immediately after the departure of the Holy Prophet,
Hudhayfah ibn al-Yaman, in the presence of al-Miqdad ibn al-Aswad, `Abadah
ibn al-Samit, Salman al-Farisiy, Abu-Dharr, and Abu'l-Haytham ibn al-Tayhan,
said,
"I swear by Allah that my prediction shall take place. I have not told lies
and I
1- Al-Wafi al-Mahdiy: al-Ijtihad fi'l-Shari'ah al-Islamiyyah 111; Sayid
Murtada al-`Askariy: Ma`alim al-Madrasatayn 2:286; al-Madkhal Ila `Ilm
al-Usul 90-95.
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