Life and Times of Omar Bin Khattab - The 2nd Caliph of Islam

Omar Bin Khattab The 2nd Caliph of Islam

Presented By : Saeed AbdulRahim

C/O H.N.G. Centre

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Genealogy & Family Background

Convergence of Ancestry With Prophet Mohammad(s.a.w.)

It has been suggested by scholars that the respective lines of descent of OMAR Bin Khattab and the Holy PROPHET MOHAMMAD (SAW) Converge Eight Generations ago.

PARENTS : OMAR’s Father Was Khattab and His Mother Was Khantama

A COUPLET WRITTEN BY : ZAID A COUSIN OF OMAR Shall I A Single Deity Adore Or sink in Awe, a thousands Gods, before ? The Idols Lat and Uzza I ignore A Wise and Cautious Man Can do no more.

Persona & Premonition

PERSONA

Sayyidna OMAR Bin Khattab is said to have been of a Tallish Stature with strong rugged features and of a reddish brown complexion . He was a man of very strong convictions. If He was a friend then He was a very good friend, but if He was an enemy then You better watch out, He was that kind of a person. PREMONITION BY WAY OF A MYSTERIOUS COUPLET O! Blood Red One The Deed Is Done A Man Shall Cry Besides God None

.

Premonition

PREMONITION . . . .

The words of this mysterious couplet are thought to have been a divine way of ALLAH(SWT) guiding OMAR towards the faith in UNITY of God and also as a divine Premonition that ALLAH(SWT) was giving to OMAR about the coming of the Ministry of Prophet Mohammad(s.a.w.) specially because of the words that “….A Man shall Cry; Besides God None” as this was the main thrust and ethos of the Message of Prophet Mohammad(s.a.w.)

Famous Scholars Description of OMAR(1)

ALLAMA SHIBLI NUMANI

OMAR was all that Alexander, Julius Caesar, Napoleon, Peter, Fredrick, Justinian put together exemplified. He was a Liberator, statesman, a reformer, a law giver, and a spiritual head All at Once.

ANOTHER SCHOLARLY OPINION In OMAR the strictest principles of the recognised code of moral rectitude were blended with the activities of a colossal genius which was capable of swaying in the world

.SIR WILLIAM MUIR The various tribes and bodies in the Muslim Empire , representing interests the most diverse, reposed in his integrity implicit confidence


WASHINGTON IRVING

The whole history of OMAR shows him to have been a man of great powers of mind, inflexible integrity and rigid justice. He was more than any one else, the founder of the Islamic Empire; confirming and carrying out the inspirations of the Prophet Mohammad(saw)

ANOTHER SCHOLARLY OPINION In what light can a person be regarded who, being a ruler over millions of men, carried water on his back for the meanest of his subjects, who, being the arbitrator of the destinies of Arabia, Egypt, Asia Minor and Persia lived like the lowest of his people - partaking of frugal fare and clad in the humblest dress, Who, being a monarch shared his dromedary by turns with his slave”


ENCYCLOPAEDIA BRITANNICA

The saying with which he began his reign will never grow antiquated : He said : By ALLAH, he that is weakest among you shall be in my sight the strongest, until I have vindicated for him his rights ; But, him that is strongest will I treat as the weakest , until he complies with the law”

CONCLUSION By The EDITORS of the Encyclopaedia Britannica

IT WILL BE IMPOSSIBLE TO GIVE A BETTER GENERAL DEFINITION OF THE FUNCTION OF A STATE

STORY OF OMAR’s CONVERSION

HAD BUCKLED HIS SWORD AND HAD SET OUT TO ASSISINATE THE PROPHET (S.A.W.)

The famous English Saying that “Life Begins at 40” OMAR was the 40th Convert to ISLAM

FOLLOWING OMAR’s CONVERSION, FOR THE FIRST TIME, MUSLIMS WENT OUT TO PRAY OPENLY IN KA’ABA

STORY OF THE ADHAN & OMAR’s CONTRIBUTION TO IT

BACKGROUND OF WHAT HAD NOT YET BEEN ENFORCED BY WAY OF PRACTICE

Whilst the MUSLIMS were in Mecca in the pre-hijra days, they were persecuted day and night and their life was in jeopardy. Hence Fasting, Zakkah, Jumah Prayers, Eid Prayers and Sadaqa-e-Fitr and any publically observed practices had not yet been implemented. Even the Daily Prayers were in the most held in secret with utmost care so as not to invite any Backlashes or Retributions.And the Prayers were observed with utmost brevity.

And If the Prayers themselves were observed with caution , so as not to invite backlash and persecution , then the matter of the Method of Calling the Faithful to Prayers had not even arisen.

STORY OF THE ADHAN and OMAR’s CONTRIBUTION TO IT . (2)

SUGGESTIONS INVITED BY THE PROPHET (S.A.W.)

The Companions put forward Different Suggestions and The Prophet Mohammad (s.a.w.) asked them to take time to reflect on their suggestions and come back with a Unified Recommendation.

DREAMS OF SOME OF THE COMPANIONS

OMAR’s SIMILAR DREAM WITH A SLIGHT ADDITION

STORY OF THE ADDITION OF THE WORDS “ASSALLAT-U-KHARUN MINNUN NAUM” TO THE ADHAN FOR THE FAJR PRAYERS.

ALLAH SPEAKS THROUGH THE TONGUE OF OMAR . . .

BATTLE OF BADR (2 A.H. / 624 A. D.)AND WHAT SHOULD BE THE FATE OF THE PRISONERS OF WAR

Omar’s opinion about what should be the done with the Prisoners of War , was later on Confirmed By the Revelation :

“That, it is not befitting the Messenger of Allah to take Prisoners of War without having thoroughly subdued the land…” (C 8 V67)

IT WAS ON THIS OCCASION THAT THE PROPHET (S.A.W.) FAMOUSLY SAID THAT

“ALLAH SPEAKS THROUGH THE TONGUE OF OMAR”.

THE FIRST ENDOWMENT IN ISLAMIC HISTORY

BATTLE OF KHAIBAR (7 A.H. / 629 A. D.)

Following the Defeat of the Enemy in the Battle of KHAIBAR All the Lands Known as KHAIBAR fell to the Muslims. The Lands of KHAIBAR were divided by The Prophet(S.A.W.) among the forces that had liberated KHAIBAR.

One such piece known as THAMMAGH was given to OMAR as his share which He immediately dedicated to Charitable PurposesFIRST ENDOWMENT

SAHIH AL-MUSLIM contains a full reference to this Dedication By OMAR to Charitable Purposes in it’s Chapter on ENDOWMENTS. And, This is regarded as the First ENDOWMENT made in ISLAMIC History

Women Took The Oath of Allegiance

Gave It TO OMAR

LIBERATION OF MAKKAH (8 A.H. / 630 A. D.)

Following the Liberation of MAKKAH, the Prophet Mohammad(s.a.w.) entered the City and standing at the gates of Ka’bah delivered a highly eloquent Oration. Then accompanied by OMAR he ascended the brow of the mountain SAFA and initiated the people into a vow of allegiance to him.First came All the men, and after they had finished giving their Oath of allegiance to the Prophet Mohammad (s.a.w.), came the turn of the women.The PROPHET(S.A.W.) asked OMAR to be his representative, then OMAR sat and received the Oath of Allegiance To The PROPHET From the Women on behalf of the Prophet Mohammad(s.a.w.).

LEADING COMPANIONS OPINIONS ABOUT OMAR(1)

CALIPHATE OF ABUBAKR ENDS (13 A.H. / 635 A. D.)

When Sayyidna Abu Bakr fell ill and realised that He was soon to meet his maker, He started active consultations with the Leading Companions About Who He should Nominate as his successor to be the 2nd Caliph of Islam

First He consulted Abdur Rahman b ‘Auf, who said that the Fitness of OMAR was acknowledged by ALL, but that he was rather harsh of temper. Sayyidna Abu Bakr replied that the Harshness of OMAR was meant to counter balance his own leniency.

Abdur Rahman b ‘Auf

LEADING COMPANIONS OPINIONS ABOUT OMAR(2)

UTHMAN b. AFFAN

When asked for his opinion about OMAR, Othman replied that “OMAR’s Inner Self was better than His Exterior, And, that no one was his equal among them”

TALHA went to Abu Bakr and expressed his concerns in these words “You are alive to the severity that OMAR treats us with in your Life Time, heaven knows how He will treat us once you are gone, What Answer will you Give to God for this? ABU BAKR replied : That He would say to God that he Appointed the person who was best of ALL.

TALHA’s FEARS

OMAR COMPARED TO HARMUZAN (The Persian Emperor)

HARMUZAN

Following the defeat of the Persian Army, HARMUZAN their Emperor shut himself in his Fort which also the Muslims stormed.He then agreed to surrender but on the condition that Only OMAR should decide his fate.HARMUZAN was then escorted to Madina to be presented to OMAR

As he approached Madina, Harmuzan had adorned himself as a King. The gem-bedizened diadem known by the epithet of Adin graced his Brow; a rich silk mantle was thrown over his shoulders, glittering jewels adorned his person; a scimitar adorned with jewels hung by his girdle

His Dress As He Approached Madina

OMAR COMPARED TO HARMUZAN (The Persian Emperor)2.

OMAR AS COMPARED TO THIS GLITERITY

HARMUZAN, thus attired as a King,entered Madina and enquired where the Commander of the Faithful was. He had nurtured a notion that OMAR whose fame rang throughout the World must be having a correspondingly glamorous court, but HARMUZAN was disappointed !!

When OMAR was pointed out to HARMUZAN; he found him sitting on a dust sofa in the courtyard of the Prophet’s Mosque

OMAR found Sitting On a DUST SOFA

HARMUZAN’s LAST MINUTE REPRIVE

OMAR AT THE POINT OF DECIDING HARMUZAN’s FATE

Because of the fact that HARMUZAN during the course of previous battles had slain prominent companions, OMAR was ready to slay him, but being the true statesman that He was, He decided to give him a chance to put forward his defence.

After making his defence statement, HARMUZAN asked for a glass of water which was brought to him. Taking the Cup in his hand he asked that he be not slain until he has drunk that water. OMAR accepted his plea, HARMUZAN then immediately threw the water on to the ground, where it was soaked up by the earth and disappeared Harmuzan then said ….

GLASS OF WATER THAT SAVED HARMUZAN’s LIFE

HARMUZAN’s LAST MINUTE REPRIVE . . . . . . . Continued

now according to your promise, you cannot slay me ! ! ! Because you promised me that I will not be slain until I have drunk “that” glass of water.

Having had his Life Reprieved at the Last Minute thanks to the stratagem of the glass of water; HARMUZAN then took the SHAHDAH commenting that he had not done so earlier because people would have thought that he was taking the SHAHDAH to save his life, but now that he has had his life reprieved he is taking the SHAHDAH in circumstance of Peace and Security rather than do so whilst under threat of death.

GLASS OF WATER THAT SAVED HARMUZAN’s LIFE

HARMUZAN TAKES THE SHAHADAH

PEACE NEGOTIATED BY A SERVANT MUSLIM

Muslims had laid siege to a Territory called JANDI-SABUR which lasted for several days.

When to the pleasant surprise of the Muslims, the doors to the city were flung wide open and the inhabitants busied themselves in their normal chores (BUSINESS AS USUAL)

MUSLIMS HAD LAID SEIGE TO JANDI-SABUR

SUDDENLY , THE DOORS OF THE CITY FLUNG OPEN

PEACE NEGOTIATED BY A SERVANT MUSLIM

Upon inquiry, it turned out that a SERVANT MUSLIM had secretly gone inside the city whilst it was under siege, and negotiated Peace with the citizens the terms of which were the payment of JIZIYAH

PEACE NEGOTIATED BY A SERVANT MUSLIM(2)

The Muslim forces were not sure whether they should honour a Treaty Negotiated By a Servant Muslim, and, as far as the inhabitants of the town were concerned, “They had negotiated the treaty with a Muslim in Good Faith and whether that Muslim was Born Free or a SERVANT was of no consequence to them..”

CONFUSION ABOUT WHETHER A TREATY NEGOTIATED AND THE TERMS OFFERED BY A SERVANT MUSLIM IS VALID?

MATTER REFERRED TO OMAR!The Matter was thus referred to OMAR for Arbitration Who Judged that since the Servant of the Muslim was also a Muslim, therefore, his offering Protection to “Persons” meant that they were under the Protection of ALL the Muslims.

EXTENT OF THE MUSLIM EMPIRE DURING OMAR’S REIGN

The total area of the countries comprising the Muslim Empire Achieved during OMAR’s reign was 2,251,030 square miles

TOTAL AREA

COUNTIRES THAT COMPRISED THE MUSLIM EMPIREThe Muslim Empire during the reign of OMAR comprised of the Countries of Syria, Egypt, Khozistan, Iraq, Armenia, Adharbaijan, Perisa, Kirman, Khorasan and Makran which is now part of Baluchistan a province in Pakistan

ALL WITHIN 10 YEARS OF OMAR’S REIGN

All of the Above Countries were brought into the folds of the Muslim Empire in just 10 years of the reign of OMAR Bin Khattab.

ALEXANDER’S SAVAGERY VS OMAR’S JUSTICE & TOLERANCE

ALEXANDER as he conquered TAURUS in Syria ordered a general massacre, had the heads of 1000 citizens hung on the city walls, sold thirty thousand of them into slavery. Similarly, when he had conquered Istakhar (Persepolis) in Persia, he slaughtered all it’s male inhabitants.

We find similar cases of sanguinary with other conquerors like the Changiz Khan, Nebuchadnazzar, Timur and Nadir. All of Whom were Bloodthirsty.

ALEXANDER’S & OTHER CONQUERORS’ SAVAGERY

JUSTICE WAS SHOWN EVEN TO THOSE BEING EXILED

When the Jews of Khaibar were being exiled for conspiracy and insurrection, they were indemnified for the loss of their lands, and if any Muslim was found to have bought something on the Cheap from a departing Jew he was immediately admonished for it and ordered to pay the Full price of the item bought. No one was allowed to take material or fiscal advantage of a departing Jew being exiled.

JEWS OF KHAIBAR

NO JIZIYAH WAS CHARGED OF THEM FOR A YEAR . . .

Officers of districts and provinces were instructed that through which ever territory the departing exiled Jews passed, all necessary assistance should be given to them, and if they stopped at any place for a short while then No JIZIYAH should be charged of them for a year.

CONSULATIVE ASSEMBLY DURING OMAR’S CALIPHATE(1)

An Important democratic development of OMAR’s Caliphate was the establishment of a CONSULATIVE ASSEMBLY. Whenever an important matter came up for decision, the Consultative Assembly was called, and no question was decided without free debate and without the consent of the majority of the members of this Assembly.

The whole body politic of Islam at that time was divided into two groups, namely the MUHAJIRIN and the ANSARs. They were the leaders of the people and the whole of Arabia looked upon them as their representatives.

DECISION MAKING PROCESS

MEMBERSHIP OF THE CONSULTATIVE ASSEMBLY


Members of both groups, the Muhajirin and the Ansars necessarily always took part in the deliberations of the Assembly.

Within the Ansars, there were two groups called the AUS and the KHAZRAJ, and it was considered essential that membership of the Ansar part of the Assembly was made up of representatives of both these groups.

MEMBERSHIP OF THE ASSEMBLY . . . Continued

Some of the Historically well known members of this Consultative Assembly were also Close Companions of the Prophet Mohammad including such luminaries as ALI, OTHMAN, ABDUR-RAHMAN b AUF, MUAD B. JABAL, UBAYY B. KA’AB and ZAID B. THABIT


Apart from OMAR himself who was the 2nd Caliph, two other leading members of this Consultative Assembly OTHMAN & ALI were the 3rd and 4th Caliph, ALI also being the Cousin and son-in-law of the Prophet Mohammad(s.a.w.)

OTHER DISTINCTIONS OF SOME OF THESE LUMINARIES AND LEADING MEMBERS OF THE CONSULTATIVE ASSEMBLY

Another Leading Member of this Consultative Assembly by the name of ZAID B. THABIT was the ipso-facto P.A. / Secretary of Prophet Mohammad(s.a.w.) who was the only other person present when Prophet Mohammad(s.a.w.) recited the whole of the QURAN to Angle Gabriel by way of confirmation of correctness of reception.

ZAID B. THABIT

A WIDER GENERAL ASSEMBLY DECIDED ON MATTERS OF UNUSUAL IMPORTANCE (1)

Matters of daily occurrence were put before the Consultative Assembly and for such mundane matters, it’s decisions were considered to suffice.

However, for matters of Unusual Degree of Importance which were likely to have their impact for years to come, a much wider GENERAL ASSEMBLY of Muhajirin and the Ansars was convened.

MATTERS OF UNUSUAL DEGREE OF IMPORTANCE

For Instance, to debate the matter of what to do with the Acquired Territories, whence some leading figures were advocating that such lands ought to be distributed among the soldiers and given away to them as their private estates, this matter was considered to be of great significance impacting on the coming generations that it was debated . . .

A WIDER GENERAL ASSEMBLY DECIDED ON MATTERS OF UNUSUAL IMPORTANCE (2)

. . . In the much wider General Assembly rather than in the Consultative Assembly which dealt more with matters of day to day running of the State.

MATTERS OF UNUSUAL DEGREE OF IMPORTANCE

Thus, matters of great importance which were likely to influence the affairs of the Muslims for years to come were put before the wider General Assembly for discussion, debate and conclusions rather than with the Consultative Assembly.

A STUNNING SPEECH TO THE WIDER GENERAL ASSEMBLY

In A Stunning Speech to one of the sessions of this wider General Assembly OMAR said : “I have given you the trouble to assemble here in order that you might participate with me in the burdens put on me in respect of the state, for I am only one from among yourselves, and I do not desire that you should follow my wishes”

STUNNING SPEECH

Thus, whilst OMAR was very rigid in implementing the law but he was also the most humblest and the most democrat when it came to the process of decision making which eventually concluded what that law should be, as demonstrated by his statement quoted above, that “I do not desire that you should follow my wishes”

COMPARING OMAR WITH OTHER EMPERORS, RULERS & CONQUERORS OF THE PAST

It will be nigh Impossible, no matter how hard one tries, to find another Emperor, Ruler or Conqueror in the past who said to their Advisors, Counsellors and Courtiers what OMAR said to the members of the General Assembly that

“I do not desire that you should follow my wishes”

RE: THE STUNNING SPEECH

One Cannot find a More Humble, More Polite, and a More Democratic Statement by a Leader of an Empire in the annals of even recent history

CITIZENS HAD A STAKE IN THE STATE ADMINISTRATION(1)

Every citizen of the Islamic State had a say in the Administration of their State .Provincial Governors and District Officers were appointed with the approval of the subjects. And Some times appointments were even made by election.

CITIZENS’ STAKE IN THE ADMINISTRATION

And on one occasion, an appointed Provincial Governor was dismissed by OMAR when complaints about that governor’s administration were substantiated

A GOVERNOR DISMISSED

CITIZENS HAD A STAKE IN THE STATE ADMINISTRATION (2) .

During the course of his inaugural speech OMAR had asked the People that “O! people follow me as long as I follow the QURAN & the ... SUNNAH, and Correct me if I go Wrong..”

OMAR HAD ASKED TO BE CORRECTED ! ! !

A CITIZEN’S RESPONSE TO THE ABOVE STATEMENT

Upon hearing that Statement from OMAR, an ordinary citizen stood up and waving a stick said

“don’t you worry OMAR, if you go wrong we will correct you.”

STATE ADMINISTRATION :

Instrument of Appointment For Provincial Governors and State Officials

A Provincial Governor or an Officer of State was given an “Instrument of Appointment” in which his appointment, his powers and duties were detailed, and this was given in the presence of a number of Companions so that those companions might be Witnesses thereof and the abilities and duties of the appointee should become known.

INSTRUMENT OF APPOINTMENT . . .

PUBLIC READING OF THE INSTRUMENT OF APPOINTMENT

Upon Reaching his place of appointment, The Official concerned called the people together and read out his instrument of appointment before them, so that the citizens were aware of that official’s Powers and His Duties, and therefore, they could call him to account if he overstepped his powers or missed meeting his obligations.

STATE ADMINISTRATION : Exhortation To Governors & State Officials

Frequently, OMAR would address public gatherings on which Occasions he would in front of the Citizens address the Officials as well and in one such speech he famously said

“And do not behave with people as if you were superior to them, for that is TYRANNY over them..”

PUBLIC ADDRESSES . . .

PUBLIC READING OF THE INSTRUMENT OF APPOINTMENT

Upon Reaching his place of appointment, The Official concerned called the people together and read out his instrument of appointment before them, so that the citizens were aware of that official’s Powers and His Duties, and therefore, they could call him to account if he overstepped his powers or missed meeting his obligations.

STATE ADMINISTRATION : Promises Taken From Governors & State Officials

Every Governor and State Official was required to give the following Promises That :

(1) He will not ride a Turkish Horse .. (2) Not wear Fine Clothes … (3) Not Eat Sifted Flour

These were often entered in the Instrument of Appointment .

PROMISES . . .

On one occasion the citizens had complained to OMAR that their Provinces’ Governor was found to be going about in a Silk Shirt, OMAR summoned that governor before him and then threw a ordinary cloth shirt towards that Governor and banished him to herd Sheeps

STATE ADMINISTRATION : Inventory of Assets Taken From Governors & State Officials

Whenever A Governor or a State Official was appointed an Inventory was drawn up of all his assets and possessions.

At the end of each year, a new inventory would be drawn up, and if there was found to be any undue or unwarranted increase in that officials assets or possessions then the increased portion would be confiscated and transferred to the Public Treasury.

The understanding being that How come there was an increase in the personal assets / possessions of a government official whilst he was serving the people.

YEARLY INVENTORY OF ALL THE POSSESIONS . . .

STATE ADMINISTRATION : OPEN DOOR POLICY

OMAR’s Open Door Policy Was So Open that No Doors were permitted in any Government or State Office.

On one occasion it was reported that a Government Official had constructed a door to his office, this matter was investigated by a Central Inquiry Commission with instructions that if the reasons given by that Official were not warranted then they should burn that door down in full view of the public who felt that they had been barred from that office because of the presence of this door.

OMAR’S OPEN DOOR POLICY . . .

OMAR RECOUNTS A QURANIC VERSE WHICH PROVED DECISIVE IN DECIDING WHO SHOULD OWN THE LANDS IN

THE LIBERATED TERRORITORIES(1)

OMAR was very uncomfortable with this idea not least because this would have meant perpetuating the system of the Romans and the Byzantine who would usurp the lands and give them over to their Generals and Court Officials subjugating the original owners as serfs and slaves.

ARMY COMMANDERS HAD DEMANDED THAT THE LIBERATED TERRETORIES SHOULD BE GIVEN OVER TO THEM AS THEIR PRIVATE ESTATES

Furthermore, distributing the lands solely amongst the soldiers alone would also have meant that the future generations and the People on the List of those entitled to charity would have lost out.


THE CONQUERED TERRORITORIES(2)

Then, there was this matter to be considered about How and From where would the funding come for the maintenance of the Army itself if the lands were given away as private estates to the Army itself

ARMY COMMANDERS HAD DEMANDED THAT THE LIBERATED TERRETORIES SHOULD BE GIVEN OVER TO THEM AS ESTATES . . .

All these various considerations weighed heavily on OMAR when faced with the demand of the soldiers that the liberated lands should be given over to them as private estates,.



Since, since this matter of Lands to the soldiers was of such vital importance that it would have affected the rights of future generations that it could not have been decided by the wishes of just one person and as OMAR had clearly stated when addressing the opening session of this General Assembly that “I do not desire that that you should follow my wishes”

THE WIDER GENERAL ASSEMBLY CALLED TO CONSIDER THE MATTER. . .

The matter was therefore put before the Wider General Assembly for Consideration, Debate and Decision.



Eloquent and some times passionate debates were held on the matter for several days but no clear decision was forth coming.

THE ASSEMBLY’s SESSION EXTENDED OVER SEVERAL DAYS

Then OMAR RECOUNTED A VERSE FROM THE QURAN WHICH PROVED DECISIVE

OMAR then remembered these verses from the QURAN and recounted them to the Convened General Assembly that…

“What God has bestowed upon His Apostle from the people of the Townships -- belongs to God -- To His Apostle , And to the Kindred and the Orphans, The Needy and the Wayfarer . . . (Continued)



In order that it may not make a circuit for the wealthy among you”

“Some part is due to the indigent Muhajirs who were expelled from their homes and property while seeking Grace from God and His Good Pleasure AND aiding God and His Apostle”

“And To Those who came after them” …Quran C59 : V: 7 - 11

VERSES OF THE QURAN WHICH OMAR RECOUNTED AND WHICH PROVED DECISIVE

OMAR THEN GAVE A POWERFUL SPEECH . . .OMAR then gave a powerful speech to the General Assembly giving his contentions and inference of these verses of the QURAN and then the whole Assembly gave unanimous Acclaim which decided the matter.


THE CONQUERED TERRITORIES(6)

On the basis of OMAR’s Inference this principle was established once and for all that …

All the Citizens including future generations will benefit from the Conquered lands, hence rather than being given over to the soldiers, the Conquered lands will belong to the State and the former occupants lands within the liberated territories will not be dispossessed.

WHAT WAS THE DECISION . . .?

THIS PRINCIPLE OF NOT DISPOSSESSING THE OCCUPANTS OF THE LIBERATED / CONQUERED LANDS WAS ONE OF THE CAUSES WHICH LEAD TO FURTHER EXPANSION OF THE MUSLIM EMPIRE

LAND REFORMS INTRODUCED BY OMAR(1)

Subsequent to the the Promulgation of the Established Principle as approved by the General Assembly that “Conquered Lands Will Not be Given To Soldiers but would instead vest in the SATE” OMAR introduced the following Land Administration Land Revenue Reforms:

LAND REFORMS INTRODUCED BY OMAR

(1) Imperial Estates and Lands in The Possession of the previous .. Conquerors were given back to the NATIVES (2) Muslims Could Not in any Case take possession of any Land in a … Conquered Territory (3) Muslims could Not even Buy Land from the Natives (4) Arabs were even banned from engaging in Agriculture in any of the .. Conquered / Liberated Territory

LAND REFORMS INTRODUCED BY OMAR(2)

(5) Anyone who brought new lands under cultivation would be granted .. Proprietary Rights in those lands (6) Any person that took possession of unbroken land with a view to . . Bringing it under cultivation but failed to do so for three years would . Loose possession of the land (7) People who had earlier fled their homes were invited by Public . Proclamation to resume possession of their lands (8) If the Muslim Army during one of their advances were found to have . Caused damage to any crops then the Native farmer was indemnified . For that loss

LAND REFORMS INTRODUCED BY OMAR

MASSIVE AGRICULTURAL DEVELOPMENTS IN CONQUERED LANDS

This Huge Agriculture Department was charged with implementing Massive Agricultural Developments in the Liberated Lands. Under this department’s stewardship DAMS were built, tanks excavated, Canals and Water Troughs laid out for the distribution of water.

According to one account in Egypt alone about 120,000 labourers worked daily throughout a year to work on these projects and all of whom were paid out of the Central Islamic Treasury even though that the work was carried out in the far away conquered land of Egypt.

Similarly in the lands of Khozistan and Ahwaz, many many new lands were brought under cultivation with Hundreds of Water Canals laid out.

A HUGE DEPARTMENT OF AGRICULTURE SET UP

ISLAMIC LAND REFORMS WERE A MAJOR FACTOR IN THE EXPANSION OF THE MUSLIM EMPIRE

“It is an established fact that, the ISLAMIC SYSTEM OF LAND REVENUE AND ADMINISTRATION had much to do with the Conquests of ISLAM”

ACCORDING TO ONE FRENCH WRITER . . .

MUSLIMS PREFERRED TO NON-MUSLIM CONQUERORS

As news spread about the generosity of the Islamic Land Administration System, the oppressed and persecuted of other countries invited Muslims to their countries and in many cases the local population helped the conquering Muslim Army e.g. in Egypt the Coptic Cultivators helped the Muslims against their Roman oppressors whilst the Christians of Damascus and Hims preferred MUSLIMS to the Roman Invaders..

USHUR (Customs Duty) Implemented By OMAR

(1) Basic rate of 10% for foreigners bringing goods in (2) Rate of 5% For Dhimmis (Non-Muslim Citizens) bringing Goods in (3) Rate of 2.5% for Muslims Bringing Goods in To Trade (4) USHUR (Customs Duty) was charged only on merchandise and not ( on items for personal use (5) Merchandise of the value of less than 200 dirhims were exempt (6) Once the Duty was Paid, the merchandise were free from further ( imposition for a Year. (7) Once the duty was paid, the merchants were free to carry their goods . from one place to another. (8) Collectors of Customs were not to search Personal Luggage

USHUR (CUSTOMS DUTY) WAS ESTABLISHED AS FOLLOWS.

JUDICIAL REFORMS Implemented By OMAR(1)

(1) Praise be to God, Now then, Justice is an Important Obligation (2) Treat the People Equally, in thy company, in thy presence and in thy . Decisions (3) The weak should not despair of your justice, and the high placed . Should Not have any hope of your favour (4) The onus of proof is on the plaintiff (5) If the defendant had no proof or witnesses then he should be made to . Take an oath (6) Compromise is permissible provided it does not turn the lawful into , unlawful and the unlawful into lawful …….Continued

OMAR HAD ISSUED A VERY FAMOUS (FARMAN) DECREE INSTRUCTING THE JUDGES AS FOLLOWS .


(7) Let nothing prevent you from changing your decision of yesterday . If after consideration, Your previous judgement appears to have been . Incorrect. (8) When you are in doubt about a Question and you find nothing in the . Quran or the Sunnah of the Prophet, think over the Question again ( and again Ponder over the precedents and analogous cases, and then ( decide by analogy. (9) A term should be fixed for the plaintiff to produce witnesses, if he . Proves his case then get his right, otherwise dismiss the case. (10)All Muslims are reliable, except those who have been flogged,or who have borne false witness or are of doubtful mind.

OMAR’S VERY FAMOUS (FARMAN) FURTHER DECREES INSTRUCTING THE JUDGES AS FOLLOWS . …Continued


(11) No man who was not wealthy and high-placed should be appointed . a judge. (12) QADIs (Judges) were not permitted to engage in trade or buy and . sell in the markets. (13) The Plaintiff and the Defendant should be treated as equal in all . respects in terms of treatment, courtesies, respect, honouring etc. . till such time that the case is decided (14) Number of Judges to be in Proportion To The Population. (15) Principle of Calling “Expert Witnesses “ was established. . . . . . . . . Continued



(16) In order to make the courts accessible to all without let or . hindrance there were no separate court houses and the Mosques . Were used for the purpose of hearing and deciding on cases. (17) No expenses were to be borne in the Prosecution of Suits (18) Institutions of Legal Consultations (Darul-IFTA) were established . in all the major towns staffed by recognised JURICONSULTS (19) Only Capable, Learned and Responsible persons would be . Appointed as JURICONSULTANTS (20) Only those who had Permission / Authority direct from the Caliph . Were allowed to infer, interpret or pronounce on the Law.



(21) Names of the Mufti(s) or JURICONSULTS were announced at ) Public Meetings and Gatherings


SOME PROMINENT JUDGES DURING OMAR’S CALIPHATE(1)

Sayyidna ZAID b. THABIT was appointed Judge in the Capital City Madinah. He had been an Amanuensis of the Holy Prophet for recording revelations of the QURAN was well versed in Syriac and Hebrew was considered par excellence in the branch of the law relating to “Obligations”. He was also the Secretary of the Commission that was set up to compile the QURAN in it’s first Earthly Book Form. He was also the only person on the 2nd Occasion in the company of the Holy Prophet when He had recited the whole QURAN to Sayyidna Gibraeel

.. ….Continued

ZAID b. THABIT

SOME PROMINENT JUDGES DURING OMAR’S CALIPHATE. (2) . .

Abdullah b. Mas’ud was the Judge of the city of KUFA.His scholarship and judicial Acumen were well known. He is considered the father of the HANAFI LAW

ABDULLAH b. MASUD

QADI SHURAIH

Qadi (Judge) SHURAIH succeeded Abdullah b. Masud in 19 A.H., who though not a companion of the Holy Prophet was famed throughout Arabia for his intelligence and sagacity, and to this day many people regard him as a model for all judges. Sayyidna ALI regarded him as “Aqd-ul-Arab” or the most judicious of all the judges of Arabia

. . . . . . .Continued

SOME PROMINENT JUDGES DURING OMAR’S CALIPHATE. (3) . .

Ibada b. al-Samat who was the Judge of PALESTINE was one of the only 5 men who had memorised the whole HOLY QURAN during the time of the Holy Prophet

IBADA b. al-SAMAT

KA’AB b SUR AL-AZDI

Qadi (Judge) Ka’ab b. Sur al-Azdi QADI of Basrah was a man of keen Insight and Wide Understanding, several of whose decisions and dicta have been reported by Imam Ibn Sirin. OTHER LEADING QADIS (JUDGES) INCLUDE…..

Ma’mar al-Jamhi, Ibn Maryam al-Hanafi, Salman b. Rabiat-ul-Bahali, Abdur-Rahman b. Rabi’ah, Abu Qarat al-Kindi & Imran b. al-Hasin

PRINCIPLE OF CALLING “EXPERT” WITNESSESS ESTABLISHED DURING OMAR’S CALIPHATE. . .

In suits involving questions of technique, experts of the particular science or art were called in to give evidence in court

For instance, Hatiyya wrote against Zabarqan b. Badr a satirical couplet.in which. However, the point of satire was not apparent. It was a case of poetical technique.

Omar therefore called Hassan b. Thabit, a poet of great distinction and eminence to give “expert witness” and then delivered judgement according to the opinion of the Expert Witness.

Similarly, experts of physiognomy were called as witnesses in cases of disputed heredity.

AN EXAMPLE

INSTITUTION OF JURICONSULTS IN THE REIGN OF OMAR (1)

The establishment of an Institution of Juriconsults was a superb contribution of Islam in the field of the Administration of Justice.It’s establishment was based on the Principle that everyone should know their bounds and limits to their social behaviour and also of others, and if someone was not sure about how a law was applicable to their particular situation, then they should have unrestricted access to those who were well qualified to explain the law to them as it applied to them.

BACKGROUND

INSTITUTION OF JURICONSULTS ESTABLISHED

Islamic System of Administration of Justice therefore gave rise to this specialised institution for consultation on matters of law and this is called DARUL-IFTA where capable JURISTS called the FUQAHA would be


INSTITUTION OF JURICONSULTS . . . . . . . Continued

Would be available for every body to consult and seek advice from. Thus, anyone who wished to enquire about a point of law would approach this institution and it’s Jurists who were obliged to explain to the inquirer with great care and , if necessary after thorough research the necessary information about the law so that nobody can plead ignorance of the law applicable to their particular suits.

It is not very clear if the prospective litigants were obliged to consult with the jurists of this institution before embarking their suits. But, what is very likely to have happened is, that litigants so enlightened would as a result of this consultation before hand, know what is likely to be the Judges decision . .. / , , , , , , , Continued



It is also possible, that many Plaintiffs having consulted the JURISTS of this Institution and being told what the law says about their particular situation, may have decided not to pursue their claims if the futility of their suits were made clear to them before they approached the Court, knowing fully well that the JUDGE is most likely to decide on the case based on the same explanation of the law that was previously put to them by the Juriconsults.This may have also saved the Judges and the Courts a lot of time which would otherwise have been unnecessarily used in litigations not soundly based on law and hence futile.

On the positive side, for a poor man with absolutely no knowledge of the law and even less of a standing in terms of resources…./ ….Continued

INSTITUTION OF JURICONSULTS IN THE REIGN OF OMAR(4)


This Institution with the very rich and valuable advise given by it’s Juriconsults would have given the poor man the confidence to pursue his suit with vigour even if the defendant on the other side was the Caliph himself.

SUMMARY OF THE SALIENT FEATURES OF THE JUSTICE DEPARTMENT UNDER OMAR’s REIGN(5)

SUMMARY

The Strict Principles of the Administration of the Justice Department under OMAR’s Reign stipulated that (1) Everybody should be Treated Equally in the Administration of . Justice (2)It should be without let or hindrance. (3)Therefore no separate Court Houses were built and the Mosques . were used for the purpose because they afforded free public access . and because of their very nature, there was no possibility of any . Secrets being hidden from anyone. (4)A Chain of Darul-IFTA(s) {Institutions of Juriconsults}were set up in . all town centres to provide to all and sundry, Professional and High . Calibre legal consultations. (5)No expense had to be borne in pursuance of suits and Justice. (6)If any poor man came to the court seeking justice, then he should be . treated with gentleness and courtesy so that he does not feel . overawed by the system and should be able to state his case freely (7)The Rich should not have hope for favour and the Poor should not . despair of Justice.

QIYAS (PRINCIPLE OF ANALOGICAL DEDUCTIONS) THE JEWEL IN OMAR’S CROWN OF JUDRIDICAL

MODERNISATION (1)

SUMMARY

One of the Finest contributions made by OMAR to rightly guide the Muslims for ever after the passing away of the Holy Prophet(s.a.w.), was the Principle of QIYAS which he developed that, in matters of day to day affairs of life, if there was an issue on which there was no direct reflective guidance either from the QURAN or from the SUNNAH then life should not be allowed to come to a stand still situation. Reasoning & Equity should be brought into play to Deduce New laws that should be evolved and developed from analogous situations of the past, and be relevant and suitably applicable to the modern, new , changed or developed situations or circumstances,”so long as the new law or principle arrived at through this process of analogical analysis does not render lawful something that is un-lawful and vice-versa”

QIYAS THE JEWEL IN OMAR’S CROWN OF

JUDRIDICAL MODERNISATION(2)

SUMMARY …….Continued

An analogous situation could be described as thus , that first, there was one Big Candle (Quran) from which another Candle was lit (The Sunnah of the Holy prophet) and then from these two Candles other candles were lit, and whilst each additional candle in time was a new candle in itself however, the flame of each of these new candles drew their light from either of the two original candles, further that,it is perfectly possible for any new candle to have drawn it’s light from another of the subsequent candles, so long as it can be assured that the lights drawn by the various candles in the chain can be traced through an un-broken link to either of the two original candles that is, the QURAN or the Prophetic Traditions.


JUDRIDICAL MODERNISATION(3) .

SUMMARY …….Continued

Thus, each new, subsequent or latter day candle is illuminating it’s own immediate sphere of influence, but the light that is shining on the new situation has been drawn after analogical deductions that can be traced back to the original light source whilst ensuring that the Spectrum of the new light does not violate or contradict the Spectrum of any of the two original sources of light.


JUDRIDICAL MODERNISATION(4) .

QIYAS - FURTHER DEFINITION PREREQUISITES & EXAMPLESQIYAS has been described as reasoning by analogy or logical deduction.

Another definition of QIYAS is to “Generalise a particular ruling of other cases on account of features common to both”

IJTIHAD, IJMA & QIYAS

IJTIHAD on the other hand is best defined as the exercise of Personal Judgement in the absence of a direct ruling from the QURAN or the HADITH and devoid of any examples of similitude, whereby the MUJTAHID is bringing to bear upon a situation or suit his own personal understanding and then giving a judgement based on it.


JUDRIDICAL MODERNISATION (5) .

QIYAS - FURTHER DEFINITION PREREQUISITES & EXAMPLES . . . . . . . Continued

IJMA is then a decision making process which is necessitated because of the same limiting causes as those meriting IJTIHAD but here, there are more than one person involved in the process all of whom come together to discuss the matter and then arrive at a decision by consensus or a decision by a majority depending on the rule in practice of that time.

QIYAS is then different from both IJTIHAD and IJMA in the sense, that whilst it is necessitated also due the absence of any direct reference from the QURAN or the HADITH , but here, there is the benefit of hindsight due to other cases possessing common features with the issue at hand.




PRE-REQUISITES FOR QIYAS The Two Pre-Requisites for QIYAS are : (1)The Method should only be applied to those cases in which there is no clear ruling available either from the QURAN or the HADITH (2)There must be Common Elements between the Issue at hand and the one from which the new ruling is to be deduced

QIYAS is not necessarily solely an individual’s exercise, it can also come about as a result of IJMA , indeed many of the QIYAS delivered by OMAR himself came about after discussion and consultations with other Companions




OMAR WAS THE FIRST ONE TO SET OUT THESE FOUNDING PREREQUISITES FOR QIYAS

In a FARMAN (Formal Set of Instructions) to a Governor Abu Musa Ash’ari with respect to Judicial Procedures, OMAR’s instructing words were “When you do not find a judgement in the QURAN or the HADITH and you are not sure as to how you should decide on the matter, then ponder over the question, and ponder over it again. Then look for the dicta on like and similar issues and decide accordingly. This then was the FIRST Formal Setting Out of the Pre-Requisites for the Use of the Judicial Method of QIYAS



AN EXAMPLE OF QIYAS

During the days of the Holy Prophet, Horses were exempt from the payment of ZAKKAH, because, this was the time when Muslims generally were not prosperous, and if someone had a horse then they would use it for many different purposes including the use of that horse to go for Jihad, hence they were exempt from the levy of ZAKKAH.

However, in the time of OMAR, time had moved on, and the Economic and Social Circumstances of the Muslims had advanced to the extent that now there were More Muslims who were Prosperous such that Muslims had begun to possess horses not just for personal use but also as ……./


JUDRIDICAL MODERNISATION (9)

AN EXAMPLE OF QIYAS

Items of Merchandise, therefore it was not right, in the light of changed circumstances to continue the blanket exemption on horses.

OMAR, being the Wise and Forward looking ruler that he was, thought that it is not right to continue with the old rule even though the circumstances had significantly changed, even though the traditionalists were horrified at the idea of removing an exemption granted by the Holy Prophet.

He therefore resolved this Struggle between the traditionalists who would prefer to keep things as they are in spite of the ………../



AN EXAMPLE OF QIYAS

Changed Circumstances and the Forward Looking, By developing this Principle of QIYAS which uses Reasoning and Equity and aims to do an Analogical Analysis of each New Situation and deduce new laws by way of an Analogical Deduction from cases of similitude whilst all the time Drawing Fundamental Guidance from the Two Original Sources of Law, that of the QURAN and the Other being the Prophetic Traditions

OMAR then using the Principle of QIYAS maintained with force, that with reference to this particular situation of exemption of the levy of Zakkah on Horses, the Prophetic Act of exemption will be maintained for individuals whose circumstances are such that they have only ONE horse which they use for many different purposes ………………../



AN EXAMPLE OF QIYAS …….Continued

Including personal use. However, if someone was prosperous enough that they had horses not only for personal use but also as items of merchandise, than in view of this changed situation, the exemption will be removed from those horses which serve as items of merchandise.

IJTIHAD OMAR’s JUDICIAL ACUMEN(1)

OMAR CURTAILED MANY FALLICIOUS RELGIOUS PRACTICES & BELIEFS & IMPROVED SOME OTHERS USING IJTIHAD

1st INCIDENT Once OMAR was returning from Hajj & On the way they came across a Mosque where the Holy Prophet had once prayed, in view of this association people rushed towards the mosque, OMAR admonished them saying that people of other faiths had gone astray by worshipping the relics of their Prophets.


OMAR CURTAILS MANY FALLICIOUS RELGIOUS PRACTICES & BELIEFS & IMPROVED SOME OTHERS USING IJTIHAD ………Continued

2nd INCIDENT One of the rites of Hajj is to Touch (if possible) the Black Stone as homage to it because of It’s celestial origin. However, when OMAR was leading his first Hajj Delegation as the Caliph, and the rites came to the point of touching the Black Stone, it suddenly dawned on OMAR that the idol worshippers who were watching the Muslims from a top the surrounding the hills might conjecture that Muslims are also worshipping a Stone idol, He then quickly addressed the stone in a Loud Voice Saying “O Stone, I am touching you only because this was the practice of the messenger of Allah, But You as a stone have no power of good or evil over men, for all Power Belongs To Allah”


OMAR CRIMINALISES THE WRITING OF SATIRES

In the early days the most professional vehicle of lampooning rivals and adversaries was satirical poetry. So much so that as a last ditch resort, the Quraish had resorted to writing Satires against the Holy Prophet(s.a.w.) who had permitted a Muslim Poet by the name of Hassan b. Thabit to respond by writing reverse satirical poetry against the Quraish. His Poems had remained in vogue even after the Quraish had embraced Islam

After his ascension to Caliphate, OMAR ordered that those poems should no longer be recited as they revived memories of ancient enmity.

Omar had in fact CRIMINALISED the writing of Satires


OMAR CRIMINALISES THE WRITING OF SATIRES . . . . . . /

OMAR had once imprisoned Huttaya a famous Poet of that time, and released him only after getting assurances that he will not write another Satire again.


OMAR CURTAILS MANY FALLICIOUS RELGIOUS PRACTICES & BELIEFS & IMPROVED SOME OTHERS USING IJTIHAD …….Continued

3rd INCIDENT The Holy Prophet, had on a historic Occasion taken an Oath to death from the Muslims whilst sitting under a tree. Later on people had started to visit the place and began to regard that tree as something sacred.

And since, as stated in an earlier case, OMAR had cautioned the Muslims that people of other faiths had gone astray because they had started worshipping relics of their prophets.Therefore, in order to prevent Muslims from falling into the same error,OMAR had that tree Uprooted.


OMAR CURTAILS MANY FALLICIOUS RELGIOUS PRACTICES & BELIEFS & IMPROVED SOME OTHERS USING IJTIHAD . . . . . . . Continued

4th INCIDENT The Rite of RAML One of the rites of Hajj is that of RAML which consists of easy running in the first three circles of circumambulating the Ka’aba. This came about as a response to the rumours that the Kuffar had been spreading about the Muslims suggesting that they were so emaciated due to poverty and starvation that they would not be able to circumambulate the Ka’aba.

When the Holy Prophet heard about this rumour that the Kuffar were spreading about the Muslims, he ordered them to easy run rather than


OMAR CURTAILS MANY FALLICIOUS RELGIOUS PRACTICES & BELIEFS & IMPROVED SOME OTHERS USING IJTIHAD . . . . . . . Continued

4th INCIDENT ….. just walk, so that the rumour is scoffed and the Muslims are seen as strong and healthy rather than as weak and emaciated as the Kuffar were suggesting.

However, this was done for a specific reason in response to a rumour that the Kuffar were spreading rather than on any reasoned theological grounds . OMAR, when he became Caliph had a mind to abolish this rite, but allowed it to be maintained only as a matter of remembrance of the Holy Prophet rather than as his Practice. A famous companion Abdullah b. Abbas when told that the people regard RAML as a Tradition of the Holy Prophet, he replied “They are Wrong”

DISBURSEMENTS of the one-fifth share of the Spoils of war.

The QURANIC verse dealing with this issue says: “Whatever spoils of war you capture, one-fifth of it belongs to ALLAH and his Apostle, and to the near of kin, and to the poor and to the wayfarers”

Context of the above Quranic Verse: Owing to the preoccupation of the Holy Prophet(s.a.w.) with the advancement of his Prophetic Mission and the affairs of the State, he had no time to engage in any work to earn his living in order to maintain his next of kin. Therefore, a way had to be found to provide resources to the Holy Prophet(s.a.w.) to enable him to maintain his family and next of kin.Thus the above and similar other verses were revealed apportioning a one-fifth share of the State Revenues for this specific Purpose and also to help the Poor, the needy and the Wayfarers and for those whose hearts had to be won.

OMAR’s PROFOUND INSIGHT & JUDICIAL SKILLS (1)

DISBURSEMENTS of the one-fifth share of the Spoils of war. …/

and the wayfarers and for those whose hearts had to be won. Just because mention is made in such verses of the Holy Prophet(s.a.w.) and his nest of kin, people allow their emotions to get the better of them and wrongly assume that the whole of the one-fifth is reserved for the Holy Prophet(s.a.w.) and his next of kin forgetting the remainder of the verse which also mentions the poor the needy and the wayfarers and those whose hearts needed to be won.

OMAR’s PROFOUND INSIGHT & JUDICIAL SKILLS(2)

It was therefore of utter importance that this verse is properly understood and even more important is, that it is correctly and impeccably applied because it would have very significant impact on the affairs of the state in future and any wrong application could by default establish system of

DISBURSEMENTS of the one-fifth share of the Spoils of war. …/

dynasties which we all know does not and should not exist in Islamic Law.

One other factor that people generally fail to realise is, that there is a precise definition of the next of kin that should be derived in the context of such verses.Here, next of kin means only those members of the Holy Prophet’s Household(s.a.w.) for whom he is directly responsible for their maintenance and does not include the wider family members, especially not those who are of independent means.


Hence, using his Profound Insight and Judicial Acumen, OMAR CONCLUDED the following Principles……/

(1) That, this principle applied so long as the Holy Prophet(s.a.w.) was alive and that it did not apply to his next of kin in perpetuity.Thus, laying down very firmly,that there is no system of Dynasties in Islam. (2)That this one fifth should not be an ipso-facto share irrespective of their prosperity and applied only on basis of need. Hence, (3)The Caliph of the day had the right to increase or decrease the shares of each of the sharers according to their needs and circumstances (4)That after the passing away of the Holy Prophet(s.a.w.) if any one was awarded any such share or any allowance from the state treasury, then it was done so because of the evidence of their closeness to the Holy Prophet(s.a.w.) and not necessarily due to their relationship with him


(5)EVEN for the Disbursements of ZAKAT the Principle was established that, whilst the QURANIC verse identifies 8 groups of people who are entitled to receive help from the ZAKAH funds. To whichever group it is given the purpose of the ZAKAH is fulfilled. It is not necessary per-force to create 8 groups, because in any one society not all of the entitled groups may exist if that society is prosperous and affluent. And, even if all the 8 groups do exist in a society, then it is not necessary that each of those 8 groups will receive equal share, because disbursements will have to be made in proportion of each group’s needs and not on the basis or proportion of their existence.

The 8 Groups who are entitled to receive benefits from the Zakah funds are (1) The Poor (2)The Needy (3)The Administrators of the fund (4)Those whose hearts need to be won (5)Prisoners of War (6)The Debtors (7)Those who fight in the way of Allah (8)The Wayfarers



OMAR ESTABLISHES SOME VERY IMPORTANT ISLAMIC PRINCIPLES.

1st : On one occasion OMAR and a party were travelling some where and in the course of a journey they stopped by a Pond. One Amr b. Al-As who was in the company in his enthusiasm to ensure the suitability of the water from that pond to be used for drinking purposes, enquired from the village people around that pond, if wild animals drank from that pond? On hearing this question being asked, OMAR asked the people not to tell ---This intervention by OMAR established a very Important Islamic Principle that: IF a thing is evidently Alright, then one must take it for use and one is then not obliged to look too deeply into it. Thus, people should not involve themselves into hair-splitting.


OMAR ESTABLISHES SOME VERY IMPORTANT ISLAMIC PRINCIPLES………/

1St ……/:Thus, if there is no obvious evidence of in-correctness or mishap or wrong-doing in a situation, than one must not assume presence of wrongfulness and then go tearing like a bull in a china shop trying to look for evidence that may or may not exist.

2nd. PRINCIPLE As long as we have done our best, then, even if the situation that develops later on shows the action to have been incorrect, then there is no pecuniary sanction because we did our best


SHOULD A PARTICULARISED CONTEXT OF A QURANIC VERSE BE ALLOWED TO LIMIT THE APPLICATION OF IT’S INJUNCTION ?

With reference to the Verse of the QURAN that “When QURAN is recited, listen to it with attention” some scholars have drawn this inference from this verse that, during the prayers when an Imam is reciting the Surah-e-Fateha, those standing behind should not do so. Some one then opined on this inference, that, this particular verse of the QURAN was revealed about the Friday Sermon when, prior to the revelation of the verse, people use to chat and gossip whilst the


SHOULD A PARTICULARISED CONTEXT OF A QURANIC VERSE BE ALLOWED TO LIMIT THE APPLICATION OF IT’S INJUNCTION?. . . . . . ./

Friday Sermon was going on, and therefore in order to encourage the people to remain silent whilst the Friday Sermon was being delivered, this particular verse was revealed, hence, due to this particular scenario for which the verse was revealed they surmise that it is not applicable to recitation within the prayers. In response to this criticism, the Fuqaha And the Imam who had drawn that inference relating this Quranic Verse also to the recitation within the prayers, suggested that even if a Quranic Verse was revealed in a particular context, however the Injunction carried in that verse can and may have wider general applications.

FIRST FORMAL SETTING UP OF A PUBLIC TREASURY UNDER OMAR’s REIGN(1)

HISTORICAL BACKGROUND

During the Life Time of the Holy Prophet and even during the time of the Caliphate of the 1st Caliph Abu Bakr there was NO formal structure of a Public Treasury. Any Monies, Goods or Spoils of War received for the benefit of the people at large were distributed forthwith on receipt and hence no need had arisen as yet for the storage of the receipts.

A possible reason for this immediate [upon arrival]distribution of any receipts was that during the Days of the Holy Prophet and also during the days of the Caliphate of Abu Bakr Muslims were still largely un-settled and relatively poor having faced elements of persecution and eviction. Hence there were still a large number of Muslims who were ../ continued


HISTORICAL BACKGROUND . . . . . . . Continued

In a situation of want, hence there was no reason for wasting any time in storing the receipts when there were people waiting to receive benefits eagerly awaiting the next receipt therefore there was an immediate turnaround of the receipts going to the waiting needs.

In terms of numbers, the last big amount to be received during the Time of the Holy Prophet was a sum of 800,000 dirhams, the land tax from Bahrain, which was immediately distributed among the people on receipt

Caliph Abu Bakr also followed the same principle of immediate upon arrival distribution of receipts. However, according to one report…../


HISTORICAL BACKGROUND . . . . . . . Continued

Things had begun to change in the later part of his Caliphate, and these reports suggest that Caliph Abu Bakr had in fact set aside and earmarked a house to be used as a Treasury. But then again Caliph Abu Bakr was the foremost in insisting on a verbatim adherence to the traditions of the Holy Prophet one of which was the immediate upon arrival distribution of receipts, so much so that, although as has been suggested, that he had actually set-aside and earmarked a house to be used as a state treasury, when the accounts of the treasury were checked on his death, the balance of only one dirham was found


EASTABLISHMENT OF THE PUBLIC TREASURY

About the 15 A.H. OMAR appointed Abu Hurraira the Governor of Bahrain who at the end of his first year of governorship of Bahrain went to Madina to report on his first year to the Caliph and he took with him 500,000 dirhams [it is not clear as to what this was in result of ; ZAKAH given by the people of Bahrain? or Land Tax ? or some other source of revenue?, what it was from we don’t know. However, if it was Land Tax then it is surprising to note that this was considerably less than the 800,000 that came during the last Days of the Holy Prophet]

What ever this was, as soon as this money arrived, OMAR Convened an Immediate session of the Consultative Assembly and informed them about the receipt of this money and asked them to Consider ………/


EASTABLISHMENT OF THE PUBLIC TREASURY

…../ What should be done with this money? The traditionalists among them were keen on distributing it among the people, but Othman opposed the idea {however, we have no idea about why he opposed that idea as no mention has been made if he gave any reason for not wanting to immediately distribute the money} However, a member of this consultative assembly by the name of Walid b. Hisham, informed everybody that he had seen in Syria Offices of Treasury & Accountancy being maintained.

The above observation of Walid b. Hisham was taken as a very good idea so much so that OMAR acquiesced to it and immediately set about establishing the first of the many treasuries to be built in the realm……/


A CENTRAL TREASURY & PROVINCIAL TREASURIES

…../ A Central Treasury was established at Madinah and Abdullah b. Arqam an Eminent Companion of the Holy Prophet was appointed the first Head of the Treasury.

Besides the Capital, Treasuries were also established at the Provincial Headquarters and eminent social personalities were appointed as officers of these first Islamic Treasuries

PUBLIC WORKS DEPARTMENT UNDER OMAR’s REIGN(1)

AMIR-UL-MU’MININ’S CANAL

Amr b Al-As under the instructions of OMAR constructed a Canal that connected the RIVER NILE to the RED SEA. The length of the Canal was about 70 miles and it was completed in just 6 months. The benefit of this Canal was that ships sailing it could get easy access to Jeddah the port City closest to Madinah the Capital of the Islamic State.

THE FORE RUNNER OF THE SUEZ CANNAL

AMR b. Al-AS the governor of Egypt who had constructed this canal linking the River Nile to The Red Sea, had in fact Originally submitted a Plan in which he had proposed to connect the Mediterranean Sea to the Red Sea. Had this plan been accepted than the present day Suez Canal would have been built nearly 1400 years ago.


OTHER CANALS BUILT IN OMAR’S REIGN

Some of the Other famous Canals built in OMAR’s reign include: (1)ABU MUSA Canal cut from the river Tigris carried water 9 miles . further to the city of Basrah (2)MA’QAL Canal also cut from the River Tigris was built under the . supervision of the pious Companion Ma’qal b. Yasar (3) SA’AD Construction of this Canal was started under the supervision . Of Sa’ad b. Umar but was abandoned some way through after they . found that the route of the Canal was obstructed by a mountain. The . excavation work was picked up later on by one Hajjaj who cut a . channel through the mountain and thus completed the work for the . Canal

.


FOUNDING OF THE CITIES

(1) BASRAH : For security against sea raids from Persia and India OMAR Ordered that a city should be founded near the port known as Aballah where ships plying the Persian Gulf use to Anchor. The site and aspect of the town was chosen by OMAR. A Canal was dug from River Tigris ten miles away and brought to the town Basrah. The Population of Basrah then increased leaps and bound and at one stage had reached 200,000FAME OF THE CITY OF BASRAH

The first Arabic Dictionary ever written was compiled in this City The development of Arabic Prosody and the development of Music also began at Basrah Saibwiyah the first writer of Syntax received his education here Hassan Basri one of the leading scholars of Islam was born here.



(2) KUFAH :Founded in 17 AH this was another of the important cities built during the time of OMAR. The aspect of the land was pleasant and it was only two miles away from the EUPRATES and some of the very famous Arab Flowers grew there such as Uqhawan, Shaqaiq, Qiasum and Khazami. The idea of Having Main Roads, sub-roads, streets and lanes was put into effect here, as records tell us that the main roads were 40 cubits wide, secondary roads 30 cubits wide, sub-roads 20 cubits wide and lanes were 7 cubits wide. The Population of Kufah at that time was about 40,000 and the Main Mosque of the City was built to such a scale that it could accommodate all the 40,000 inhabitants at one time.



(2) KUFAH …../ :In front of the mosque, a large pavilion about 200 cubits long was built which was supported by Marble Columns secured from the palaces of ancient Iran. However,these marble columns wern’t just commandeered, but OMAR had ordered that the Magians who were the heirs by default of the ancient emperors of Persia the Khusroeas be compensated for them and the price for the marble columns was credited against the accounts of Jiziyah of those magians the amount due being reduced accordingly.

In a Census taken in 64 A.H. nearly 50 years after the formation of the City there were found to be 70,000 dwellings



(2) KUFAH …../ :The intellectual history of KUFAH is highlighted by such facts that Imam Abu Hanifa had founded the Society for the Development of FIQH. The glittering list of the intellectual luminaries of that age who were born in Kufah include Ibrahim Nakai, Hammad, Imam Shubi and the most well known of them all ,Imam Abu Hanifa

(3) FUSTAT: Fustat is the Arabic word for tent and the name of the city owes it’s origins to the tent of Amr b. Al’As although the name of the actual town is QASR-UL-SHAMA. The tent which he had left behind as he advanced on to Alexandria was found still standing on his return after the liberation of Alexandria.



(3) FUSTAT……/: Amr b. Al’As after liberating Alexandria had wanted to set up the Provincial Capital there, however, since Alexandria was on the other side of the Nile, Caliph OMAR did not approve of the idea because his firm practice was to expand the empire in contiguous land masses so that any one part of the Empire could be reached by traveling by land without having to cross rivers, seas etc.

Founded in 21 A.H., the records have it that the City of FUSTAT once had36 mosques, 8 thousand Roads and 1170 public baths

THE TREATY OF JERUSALEM RIGHTS OF Non-Muslims(1)

This is the protection which the Servant of ALLAH, OMAR, has granted to the people of AiliyaThe Protection is for their lives and properties

For their Churches and Crosses

Their Sick and their HealthyAnd For All Their Co-Religionists

Their Churches will not be used for habitation, nor shall they be demolished nor shall any injury be done to them or to their compounds or to their crosses, nor shall their properties be injured in any way

There shall be no compulsion on them in the matter of Religion, nor shall any of them suffer any injury on account of their religion


The people of Ailiya Undertake to pay Jiziyah like the inhabitants of any other CityThe Life and Property of a departing Roman shall be safe until he reaches a place of safetyAnd any Roman who makes his domicile shall be safe and shall pay Jiziyah

If any of the inhabitants wish to leave with the departing Romans and wish to take their properties away with them, then they will be safe until they reach their place of safety


Whatever is written herein is under the Covenant of ALLAH and the responsibility of His Apostle, of the Caliphs and of the Believers as long as the people of Ailiya pay the Jiziyah imposed on them

Witnesses to this deed are Khalid b. Walid. ‘Amr bin Al-As, ‘Abd Al-Rahman b. ‘Auf and Mawiyah b. Abi Sufyan - Written 15 A. H.

GENORISTY EVEN TOWARDS CONSPIRATORS Non-Muslims In An Islamic State(1)

On the borders of Syria and Asia Minor was a city called Arbsus which passed into Muslim Hands and with whom the usual treaty was signed. But the inhabitants of that city maintained secret relations with the Romans informing them of any troop movements which was a clear cut treachery.

The penalty that OMAR prescribed for them for their treachery, was that he ordered the Governor Umair b. Sa’ad to prepare an inventory of all their property, lands, cattles and houses and offer to purchase them at “DOUBLE” their price on condition that they emigrate to where ever they liked.

Conspirators of ARBSUS


The Second alternative that was offered to the people of Arbsus was that they would be given a respite of 1 year during which they were expected to mend their ways

And, Only if they refused both the options that is either accept Double the Price for their properties and emigrate to a place of their choice or mend their ways within a respite period of 1 year, then and only then would they be exiled.

Conspirators of FIDAK

When the order was given for the expulsion of the conspirators of the land of FIDAK, OMAR sent an expert to appraise the value of their lands, gardens and other properties, and the price so fixed was given to them from the Public Treasury


Conspirators of NAJRANAlso, when the Conspirators of NAJRAN were ordered to transfer their residence to Iraq or Syria, the terms granted to them contained the following provisions:

In Iraq or Syria, wherever they should settle, the local government should give them lands for building their houses and for cultivation. And. If they should seek help from any Muslim then they should be given that help.

They were also exempt from Jiziyah for Two Years

Life and Times of Omar Bin Khattab - The 2nd Caliph of Islam

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