THE PERPETUITY OF OPINIONISM AND IJTIHAD DURING THE REIGN OF MU`AWIYAH

Let us now pursue the perpetuity of the trend of Opinionism and Ijtihad-the trend invented by Abu-Bakr and `Umar-during the reigns of Mu`awiyah ibn Abi-Sufyan and the rulers who came after him. We have previously cited, as has been recorded in Musnad Ahmad ibn Hanbal, that it has been narrated that Mu`awiyah ibn Abi-Sufyan (during his reign) said, "O People: reduce reporting from Messenger of Allah; and when you do, you must report traditions that were known during the reign of `Umar."(1)

It has been also narrated that al-Yahsubiy said that he once heard Mu`awiyah ibn Abi-Sufyan saying to the publics, "Beware of spreading the Hadith except those that were known during the reign of `Umar ibn al-KHATTAB for this man used to threaten people for the sake of Almighty Allah."(2)

Similarly, it has been narrated on the authority of Ibn `Adiy that Isma`il ibn `Ubaydullah confirmed that Mu`awiyah (ibn Abi-Sufyan) warned people against circulating any tradition that is reported from the Holy Prophet excluding these which were known during the reign of `Umar and admitted by him.(3)

It has been narrated on the authority of Muhammad ibn `Abdullah that during the season of the Hajj attended by Mu`awiyah ibn Abi-Sufyan, Sa`d ibn Abi-Waqqas, and al-Dahhak ibn Qays(4) discussed the issue of connecting the Hajj to the `Umrah. Al-Dahhak said, "Only those who have no knowledge

in the rulings of Almighty Allah will connect the Hajj to the `Umrah."

Answering him, Sa`d said, "You are totally wrong, brother."

Al-Dahhak replied, "Indeed, `Umar ibn al-KHATTAB prevented such!"

Sa`d said, "But the Messenger of Allah did it, and we followed him on it."(1)

Narrating the same report, al-Darimiy confirmed that Sa`d ibn Abi-Waqqas answered al-Dahhak ibn Qays by saying, "`Umar is better than I am; but the Holy Prophet did it; and certainly he is better than `Umar ibn al-KHATTAB."(2)

Al-Dahhak ibn Qays al-Fihiry al-Qirashiy, the tyrant, imitated `Uthman ibn `Affan in the prevention from the temporary marriage, and `Uthman had imitated `Umar ibn al-KHATTAB. Exceeding them, Mu`awiyah ibn Abi-Sufyan insisted on the cancellation of this matter so importunely since he believed in the necessity of founding an independent code of law that would be characterized by independent dimensions and foundations in order to be contradictory to the religious laws adopted and followed by the descendants of Imam `Ali ibn Abi-talib and the other Sahabah who followed them. The code of law enacted by Abu-Bakr and `Umar was the ground on which Mu`awiyah ibn Abi-Sufyan rested in the enactment of his independent code of law. Having been extremely cunning, Mu`awiyah could understand the necessity of locking the door to the circulation of the Holy Prophet's Hadith. He therefore strengthened the personal decisions of `Umar ibn al-KHATTAB so that he would be able to construct the substitutive code of law. In my book entitled Wudu' al-Nabiy, I have focused much light on the fact that the Muslim rulers, whether the Umayyads or the `Abbasids, feared the descendants and followers of `Ali ibn Abi-talib very much; they therefore planned to eradicate them; they therefore decided to sketch for the people a code of law opposite to that of `Ali ibn Abi-talib so that they would realize the followers of `Ali ibn Abi-talib and discriminate them. Hence, those rulers, in the admission of the religious laws, once followed the opinions of `Umar, and at other times they followed the opinions of `a'ishah and then the opinions of Abu-Hurayrah and then the opinions of `Uthman and so on. The most important aim that they worked for attaining it was to oppose the sayings of Imam `Ali ibn Abi-talib and only then would they be able to force all the peoples to follow their decisions. Whenever they intended to eradicate any of the followers of Imam `Ali, they would declare that he had mutinied against the will of the ummah since the laws that he practiced had been opposite to these issued by the ruling authorities and the methods that he followed in the practice of the

religious duties had been different from these practiced by the publics. For instance, he rubbed, not washed, his feet in the ritual ablutions, or he extended his hands rather than crossing them in the ritual prayers, and he recited the verses audibly instead of quietly… etc.

As he prohibited the recording and reporting of the Hadith, `Umar ibn al-KHATTAB granted Mu`awiyah ibn Abi-Sufyan the best opportunity to establish the substitute code of law in the same way as he strengthened the role of the storytellers and the dishonest reporters and encouraged them to fabricate narrations corroborating Mu`awiyah's personal opinions and attacking the positions of his enemies. Hence, he ordered those dishonest reporters to fabricate narrations concentrating on the "unfounded" merits of Abu-Bakr, `Umar, and `Uthman.

For example, it has been narrated that `Amr ibn al-`as swore before people that he heard the Messenger of Allah saying, "You should recite (the Holy QUR'AN) in the same way suggested by `Umar (ibn al-KHATTAB) and should carry out any command that he would issue!"(1)

Instructing his officials, Mu`awiyah wrote the following message, "Try to find the followers, fans, and adherents of `Uthman (ibn `Affan) as well as those who circulate narrations about his merits and virtues. If you find them, you should show favor to them, approach, and honor them. Write back to me the narrations that they report in this regard as well their names and the names of their fathers and their tribes."(2)

When fabricated narrations about the merits of `Uthman circulated among people terribly, Mu`awiyah wrote to his officials, "Narrations about `Uthman have spread out so excessively that it cover each and every province, city, and down. Hence, after you read this message, I order you to call people to circulate narrations about the merits of the other Sahabah and the first two caliphs (namely Abu-Bakr and `Umar). About all the reports that the Muslims narrate about the merits of Abu-Turab (i.e. Imam `Ali), you are ordered to contradict all these reports by fabricating opposing ones about the Sahabah."(3)

This narration has demonstrated the policy of Mu`awiyah who accepted all the Sahabah except Abu-Turab-Imam `Ali ibn Abi-talib. The matter did not stop at the fabrication of Hadith in the field of the Sahabah's merit; rather it crept into the field of the jurisprudence. The following narration, reported by

al-Bayhaqiy and Abu-Dawud, proves this matter:

Once, Mu`awiyah said to a group of the Sahabah, "Did the Messenger of Allah prohibited riding on saddles made of skins of tigers?"

"Yes, he did," answered they.

"I also testify it," commented Mu`awiyah who further asked, "Do you know that the Prophet prohibited putting golden things (for men only)?"

"Yes, we know," answered they.

He then asked, "Do you know that the Prophet prohibited joining the `Umrah to the Hajj?"

"No, we do not," said they.

He commented, "By Allah, this is indeed with the prohibited matters."(1)

This is Mu`awiyah's method in inducement and depending upon the familiar rulings in sticking fabricated ones to them for purpose of deluding the others.

As he comments on this narration, Ibn al-Qayyim al-Jawziyyah said,

"We swear by Almighty Allah that this is a delusion fabricated by Mu`awiyah or might have been fabricated against him since the Holy Prophet had never prohibited the joining of the `Umrah with the Hajj."(2)

As a matter of fact, Ibn al-Qayyim has been also mistaken. Like the majority of the Muslims, Ibn al-Qayyim had a favorable idea about Mu`awiyah and though of him as having been deluded, while delusion is impracticable in such a clear-cut ruling that had been practiced by the Holy Prophet and the Muslims before disagreement about it took place during the reign of `Umar ibn al-KHATTAB who prohibited the Muslims to join the `Umrah to the ritual Hajj. It is therefore far-fetched to believe that Mu`awiyah did not know the actual rulings.

Secondly, instead of claiming that the matter was fabricated against Mu`awiyah, Ibn al-Qayyim al-Jawziyyah should have decided it as having been fabricated against the Holy Prophet and should have expected it to be a preplanned plot the purpose of which is to found a new code of law opposite to that of Almighty Allah and the Holy Prophet. Mu`awiyah conspired for enlivening the method of `Umar ibn al-KHATTAB in issuing personal opinions in the religious questions and repealing other laws commissioned by Almighty Allah and the Holy Prophet, but he did not expect that days would expose his lies and reveal his trickeries. In this respect, al-Bukhariy and Muslim have narrated on the authority of `Abdullah ibn `Abbas that Mu`awiyah once asked him, "Do you know that I have cut the hair of the Holy Prophet (during

the Hajj) with an arrowhead?"(1)

`Abdullah ibn `Abbas answered, "Although I do not know this piece of information, it acts as an argument against you!"(2)

As he fabricated that incident, Mu`awiyah wanted to prove that he was so close to the Holy Prophet that he shaved his head personally, yet he forgot that his claim had been contradictory to his decision of the prohibition of joining the `Umrah to the Hajj.

In Sahih Muslim, it has been narrated that Sa`d ibn Abi-Waqqas, when was asked about the legality of the temporary marriage, said, "We practiced the temporary marriage when this one had no faith in the Lord of the Divine Throne (`Arsh) (or: this one was faithless in Makkah)."(3) The narrator of this report mentioned that Sa`d, by saying "this one" meant the house of Makkah, but another reporter confirmed that he meant Mu`awiyah.(4)

The fans of Mu`awiyah(5) distorted the pronunciation of the word "`arsh" into "`urush" so that it would mean "houses of Makkah" instead of "the Divine Throne."

Sa`d ibn Abi-Waqqas-the grand Sahabiy, the conqueror of Iraq, and one of the members of the Shura Committee whom were nominated by `Umar ibn al-KHATTAB for the caliphate-opposed Mu`awiyah ibn Abi-Sufyan on more than once occasion. This Sahabiy and those who enjoyed the like of his position could object to Mu`awiyah's personal opinions, while the other people could not stand in his face. Yet, even those grand Sahabah, such as `Imran ibn al-Husayn, and `Abadah ibn al-Samit, feared the oppression of the rulers, like `Umar ibn al-KHATTAB and `Uthman ibn `Affan, in general and Mu`awiyah ibn Abi-Sufyan, the well-known of his cunning and trickeries, in particular whenever they objected to them.

It has been narrated that `Imran ibn al-Husayn had to expose a secret that suppressed him during the reigns of Abu-Bakr, `Umar, and `Uthman. When he was in the last sparks of his life, he conveyed that secret to Mutrif. Let us now present the whole story as has been narrated by Muslim and other Hadithists on the authority of Mutrif:

As he was in his final ailment, `Imran ibn Husayn summoned me. When I was present before him, he said to me, "I will convey to you some facts hoping that Almighty Allah will make you benefit by them after me. If I live, I want you to keep them secret, but I will die, you may circulate them. Be it known to you that the Prophet of Allah joined the `Umrah to the Hajj and this act has not been repealed in the Holy QUR'AN, and the Holy Prophet did not prohibit it at all. Yet, someone expressed his personal opinion in this regard."(1)

According to another form of the narrative, Mutrif said that `Imran ibn al-Husayn said to him, "I will convey to you a matter hoping that Almighty Allah will make you benefit by it in the future. Be it known to you that the Messenger of Allah performed the `Umrah during the season of the Hajj, and this act has not been repealed by a verse from the Holy QUR'AN and the Messenger of Allah himself did not prohibit it. Yet, when he passed away, some men followed their personal opinions in the question."(2)

`Imran ibn al-Husayn conveyed this matter while he was afraid of the inconvenience of this conveyance; he therefore asked Mutrif to retain the matter so that it may help him in the next days. He also ordered Mutrif to keep it secret if he (`Imran) would recover. This state of fear and suspect proves manifestly that most of the Sahabah did not admit the deeds of Abu-Bakr, `Umar, `Uthman, and Mu`awiyah.

DISCOURSE OF IBN QAYYIM ABOUT TEMPORARY MARRIAGE

Ibn al-Qayyim al-Jawziyyah has attempted to bring into agreement the contradictory narrations about the temporary marriage. He says,

Some people argue the legality of the temporary marriage through citing the following two reports as their evidence:

(First) Muslim (al-Nisapuriy), in al-Sahih, has recorded that Jabir ibn `Abdullah al-Ansariy said, "During the lifetime of the Messenger of Allah and the reign of Abu-Bakr, we used to practice the temporary marriage and the dowries were even a handful of dates and a handful of flour. This lasted until `Umar (ibn al-KHATTAB) prohibited the temporary marriage in the issue of `Amr ibn Hurayth."

(Second) It has been authentically narrated that `Umar ibn al-KHATTAB said, "The temporary marriage and the performance of the `Umrah during the Hajj season (Mut`at al-Hajj) are two permissions that were practiced during the lifetime of the Messenger of Allah, but I now declare them as prohibited!"

Answering this argument, people have had two replies:

(First) Some people argue that it is true that it was `Umar ibn al-KHATTAB who prohibited these two legal matters, but the Messenger of Allah ordered us to follow the sunnah of the Rashidite Caliphs! Nevertheless, this group of people have not decided the authenticity of the report of Sabarah ibn Mu`in entailing that the temporary marriage was prohibited in the year of the Conquest of Makkah, because it has been reported by `Abd al-Malik ibn al-Rabi` ibn Sabarah on the authority of his father on the authority of his grandfather. Ibn Mu`in, a biographer, has criticized this reporter. Besides, although al-Bukhariy was in need for the report of `Abd al-Malik, he has evaded recording it in his book. This means that had al-Bukhariy deemed authentic this report, he would have certainly recorded it and used it as his proof. It has been also said that had the report of Sabarah been true, it would have been known by `Abdullah ibn Mas`ud who narrated that the Muslims during the lifetime of the Holy Prophet practiced the temporary marriage and provided the holy verse(1) as the proof on his claim. In addition, had the report of Sabarah been authentic, `Umar ibn al-KHATTAB would have said, in the declaration of his prohibition of the temporary marriage, that the Holy Prophet prohibited and warned against it; rather he said that these two practices (i.e. the temporary marriage and the Mut`at al-Hajj) were legally practiced during the lifetime of the Holy Prophet but he, `Umar, would prohibit them and sentence to punishment those who would practice them. It has been also said that had the report of Sabarah been authentic, the temporary marriage would not have been practiced legally during the reign of Abu-Bakr which is considered the continuity of the reign of the Messenger of Allah.

(Second) Another group of people have deemed authentic the report of Sabarah for it is supported by the report of (Imam) `Ali that reads, "The Messenger of Allah has prohibited the temporary marriage." Accordingly, we have to decide that Jabir ibn `Abdullah al-Ansariy did not know about the prohibition because this decision was not circulated among the people up to the reign of `Umar when disputations about the temporary marriage floated

noticeably. The previous discussion has thus removed any contradiction in the reports regarding the prohibition of the temporary marriage.(1)

REMARK

The previous discussion of Ibn Qayyim al-Jawziyyah must be exposed to some notices. He should have informed us how the prohibition of the temporary marriage has been declared by the Holy Prophet and reported by Imam `Ali. Only then would it be acceptable for Ibn Qayyim to cite Imam `Ali's report as his proof on the prohibition of the temporary marriage. It is well-known for everybody that Imam `Ali and his cousin, `Abdullah ibn `Abbas, were on the top of those who encouraged the temporary marriage; and the Holy Imams defended it all over history.(2) Hence, it is completely ironic that while Imam `Ali is reported to have prohibited the temporary marriage, the rulers disputed with his sons and asked for proofs on the legality of the temporary marriage as well as many other religious issues.

Besides, the adherents of Imam `Ali are being criticized fiercely because they argue the legality of the temporary marriage and, similarly, the Shi`ite Muslims are being attacked for this point in particular.

On the other side, the reference books of Hadith of both the Sunnite and Shi`ite Muslims have reported from Imam `Ali various narrations about the legality of the temporary marriage through miscellaneous ways of narration. The followers of the trend of the thorough compliance with the sacred texts have unanimously agreed upon this fact, while the aforementioned report of the prohibition and its likes have been reported by the fans of the School of Opinionism and Ijtihad only.

As has been previously confirmed, the ruling authorities and their fans exerted all possible efforts in ascribing the decisions that they personally issued and favored to the grand Sahabah who objected to the caliphs openly in order that the baseless judgments of the caliphs would be corroborated, yet falsely, by the sayings of great personalities like Imam `Ali ibn Abi-talib, `Abdullah ibn Mas`ud, Sa`d ibn Abi-Waqqas, and others. This is the explanation of one of the phenomena of the contradiction in the reports of the Opinionists from a Sahabiy, especially those who opposed the Ijtihad and personal judgments of Abu-Bakr and `Umar. Such contradiction is the reporting from a Sahabiy indicates to the existence of an extension of another course as regards the Islamic laws. From this cause, I have more than once concentrated on the necessity of investigating the confusables in the reporting

of the Hadith since such investigations will acquaint us with the rulers (i.e. caliphs) who adopted these opinions and the personalities whom were given the biggest role in the enactment of Islamic laws, such as `a'ishah and whether those were objected by the Sahabah or not. Such being the case, it will be possible to be on familiar terms with the hidden threads of the enactment of the religious laws as well as the place and time of the issuance of these laws and the confusables of verdicts and opinions.

If the issue of the temporary marriage is taken for instance, the extension of the two trends will manifest itself. `Abdullah ibn `Abbas, `Abdullah ibn `Umar, Sa`d ibn Abi-Waqqas, Imam `Ali ibn Abi-talib, Abu-Musa al-Ash`ariy, and many other Sahabah-all these did not accept `Umar ibn al-KHATTAB's decision of the prohibition of the temporary marriage that was based upon nothing other than that `Umar did not like it!

It is thus natural that the fans of `Umar, in order to strengthen the trend of the ruling authorities, have ascribed the prohibition of the temporary marriage to `Abdullah ibn `Abbas, Imam `Ali, and even `Abdullah son of `Umar ibn al-KHATTAB. As a result, a researcher has to investigate methodically all the sayings as regard the rulings of the temporary marriage especially after studying `Umar's decision of the prohibition of the temporary marriage. A researcher is also required to study whether the law of the legality of the temporary marriage was actually repealed or Imam `Ali and `Abdullah ibn `Abbas did really prohibit it in addition to the other matters that were fabricated for purpose of backing the opinion and decision of the ruler.

All the historical, traditional, Sunnite, and Shi`ite texts have manifestly proven the falsehood of such reports. For instance, let us cite the following narration:

It has been narrated that `Urwah ibn al-Zubayr, once, came to `Abdullah ibn `Abbas and asked him, "You have very frequently misled the people!"

"How is that, `Urwaha" asked Ibn `Abbas.

"You claim that a man who enters into the state of Ihram will have it accomplished after he performs the ritual circumambulation of the Ka`bah. Abu-Bakr and `Umar prohibited this."

Ibn `Abbas answered, "Woe is you! Do you regard Abu-Bakr and `Umar as preferred to the texts of the Book of Allah and the Holy Prophet's instructions to the Sahabah and the Muslims?"

`Urwah replied, "Abu-Bakr and `Umar were more knowledgeable in the Book of Allah and the Sunnah of the Holy Prophet than you are and I am."(1)

It has been also narrated on the authority of Ayyub that `Urwah said to `Abdullah ibn `Abbas, "Will you not fear Allah as you are deciding the legality of the temporary marriage?"

`Abdullah ibn `Abbas answered, "You may ask you mother about this!"

`Urwah said, "Abu-Bakr and `Umar did not allow it."

`Abdullah ibn `Abbas commented, "By Allah I swear that you will not stop this until Almighty Allah will chastise you! I convey to you the decision of the Holy Prophet and you say that Abu-Bakr and `Umar did so-and-so!"(1)

In the aforementioned narration, `Abdullah ibn `Abbas asked `Urwah to ask his mother, Asma' daughter of Abu-Bakr, about the legality of the temporary marriage because al-Zubayr ibn al-`Awwam, `Urwah's father, had married her the temporary marriage and thus she gave birth of `Abdullah ibn al-Zubayr. This matter is recorded by al-Raghib in his famous book of Muhadarat al-Udaba'.(2)

It has been also narrated on the authority of Abu-Nadrah that one day a man came to Jabir ibn `Abdullah al-Ansariy and asked him why `Abdullah ibn `Abbas and `Urwah ibn al-Zubayr had disagreed about the ruling appertained to the temporary marriage.

Replying him, Jabir said, "When we were with the Holy Prophet, we practiced the temporary marriage, but when it was prohibited by `Umar ibn al-KHATTAB, we stopped."(3)

The presentation of the aforementioned narrations of `Abdullah ibn `Abbas is aimed at acquainting the gentle readers with the fact that the narrations ascribed to `Abdullah ibn `Abbas and the other grand Sahabah about the illegality of the temporary marriage have been fabricated, since such narrations would support the trend of the caliphs and contradict the opinions of those who objected to the caliphs and their trend of Opinionism and Ijtihad.

It has been well known that Mu`awiyah ibn Abi-Sufyan was the first to nourish the spirit of malice against the Ahl al-Bayt since he publicly and formally decided that Imam `Ali and `Abdullah ibn `Abbas would be cursed during the sermons of the Friday Prayers as well as the other religious

occasions. In the same course, Mu`awiyah exerted all efforts in distorting the religious laws because `Ali called for and followed the genuine religious laws as exactly as have been revealed from Almighty Allah. In plain words, Mu`awiyah changed the Islamic laws out of his malice against Imam `Ali. Accordingly, it is natural that the opinions of `Abdullah ibn `Abbas and `Ali ibn Abi-talib are opposite to those decided by the ruling authorities since all the rulers of the Islamic State, such as the Umayyad and the `Abbasid dynasties, adopted the opinions of Abu-Bakr, `Umar, `Uthman, and `a'ishah as well as the opinions of anyone who would violate the true religious laws that were adopted by Imam `Ali so long as the descendants and adherents of Imam `Ali were the opposition.