5. Mu'iwiyah (&) did not fight 'Ali (A) for the position of

caliph, and he never denied the validity of his leadership; rather he fought him so that the hadd punishments might be camed out on those who had taken part in the slaying of 'Uthm2n (&), because in his estimation, that this was the right thing to do. He was mistaken in that, though, so he would have the reward of ijtihid only.66 The sound reports prove that his disagreement with 'Ali (&) had to do with the execution of the killers of , . 'Uthmin (&), and he did not dispute with him with regard to The oath ofallegiance to 'Ali, his characteristics & his way of life the caliphate; rather he affirmed his right to that position. It was narrated from Abu Muslim al-Khawl2ni that he and some other people came to Mu'iwiyah (&) and said: "You are disputing with 'Ali ( 4 ) ; are you like him?' He said: "No, by Allah. I know that he is better than me and has more right to the position of caliph than me.

But don't you know that 'Uthmih (+) was killed unlawfully, and I am his cousin and am seeking retribution for his blood? So go and tell him that he should hand over to me the murderers of 'Uthrnin (&). and I will stop disputing with him." So they went to 'Ali (&) and spoke to him, but he did not hand the murderers over to him.67 Ibn Katheer narrated via Ibn Deezeel, with his chak of narration going back to Abu ad-Dard? and Abu U m h a h (may Allah be pleased with them both), that they entered upon Mu'iwiyah and said to him: "0 Mn'Ziwiyah, why are you fighting this man? For by Allah, he has more seniority in Islam than you and your father, he was closer to the Messenger of AUah (g) than you and he is more deserving of this position than you." He said: "I am fighting him because of the issue of seeking retribution for the blood of 'Uthmin (&), and he has given refuge to his killers. So go to him and tell him: Let him exact retribution on the murderers of 'Uthmin (&), then I will be the first of the people of Syria to swear allegiance to him."68 The reports concerning this matter are many, and they are well known to the scholars.69 They indicate that MuC2wiyah (&) was not disputing with 'Ali ( 4 ) for the caliphate, and this was stated by the scholars who examined this issue and established this fact7' Imam al-Haramayn al-Juwayni said: "Even though Mu'Ziwiyah fought 'Ali, he did not deny the validity of his caliphate, and he never wanted it for himself; rather he was pursuing the killers of 'Uthmin (&) because he thought that he was correct, but he was wrong."71 Ibn 'Ali ibn Abi TZlib Hajar al-Haythami said: "Among the beliefs of Ah1 as-Suunah walJami'ah is that what happened between 'Ali and Mu'2wiyah (may Allah be pleased with them both) of fighting was not because Mu'iwiyah was competing with 'Ali (&) for the caliphate, because there was consensus that 'Ali (&) was more qualified for it, as we have seen. So the turmoil was not because of that; rather it is because Mu'iwiyah (&), and those who were with him, asked 'Ali (4) to hand over the killers of 'Uthmik (&) to them because Mu'iwiyah was 'Uthmin's cousin, but 'Ali (&) refn~ed."'~ We will explain 'Ali's stance and why he did not hand over the killers of 'Uthm2n (&,) later on, but the point here is to prove that Mu'iwiyah's not swearing allegiance did not mean that he objected to 'Ali becoming the caliph.

Ibn Taymiyah said: "Mu'iwiyah did not seek the caliphate, and no one swore allegiance to him as caliph when he fought 'Ali (&). He was not fighting on the basis that he should be caliph or that he was entitled to the caliphate. All the scholars affirm that, and Mu'iwiyah confirmed that to those who asked him about it. In addition to that, the supporters of both groups73 affirmed that Mu'iwiyah was not equal to 'Ali (&)with regard to the position of caliph, and he could not be caliph while it was possible to appoint 'Ali (&) to that position. 'Ali's superiority, seniority, knowledge, religious commitment, courage and all of his virmes were obvious and well known to them."74 Thus it is proven that no one was competing with 'Ali (&) for the caliphate, either among those who differed with him or any others.75 These scholarly opinions all have to do with the belief of Ah1 as-Sunuah wal-Jami'ah with regard to the order of the Rightly Guided Caliphs, so it is essential to defend this belief, tell people about it, raise the new generation with it and be proud of it.

The oath of allegiance to Xli, his characteristics & his way of life 1.5. Conditions stipulated by Amir al-Mu'mineen 'Ali (&) in the oath of allegiance, and the first speech that he delivered Some reports state that Amir al-Mu'mineen 'Ali (&) stipulated a number of conditions with regard to the oath'-of allegiance to him, including: that allegiance should be sworn in pubLic and not in secret, that it should be done in the mosque, that it should be done with the approval of the Muslims, and that he would run their affairs as he saw fit and on the basis of what he knew. They agreed and arranged to meet in the mosque the following morning to swear the oath of allegiance.76 That was an eventful and important day. Amir al-Mu'mineen came out wearing complete formal clothing. After praising and glorifying Allah (g), he explained to the people the attempts that had been made to convince him to accept the caliphate, and he said: "I was reluctant to be appointed in charge of your affairs, but you insisted that I should he in charge of you.

I have no authority without your support, and indeed the keys of your wealth are with me. Verily I have no right to keep even a single dirham to myself in exclusion of Then he said: "0 people, this issue of leadership is your affair, and no one has any right to it except the one whom you appoint. Yesterday we parted after agreeing on a matter, so if you want, I will sit to receive your oath of allegiance; otherwise, I do not have any hard feelings towards anyone (if you change your minds)." Then be raised his voice and said: "Do you agree?" They said: "Yes." He said: "0 Allah, bear witness over them," and the people started to give their oath of allegiance to him.78 After the oath of allegiance had been sworn, Amir alMu'mineen said: "0 people, you have sworn allegiance to me on the same basis as you swore allegiance to my companions. As you have sworn allegiance to me, you have no other option than to follow me, and the ruler is obliged to follow the right path and to be upright and just. This is a general oath of allegiance..."79 'Ali ibn Abi Ta'lib Among the lessons we learn from this are the following: 1.5.1.

The principle of consultation The swearing of allegiance to the fourth caliph 'Ali (&) was no different, with regard to the principle of consultation, from those that came before it, despite the crisis that the Ummah was going through and the turmoil and problems that were coming one after another. Allegiance was not sworn on the basis of clan, family or tribe, or on the basis of instructions or a covenant from the Messenger of Allah (g). If there was anything of that nature, there could not have been that lengthy a discussion, and Amir al-Mu'mineen 'Ali (4) would not have refused; he would have been the first one to demand his rights. On the contrary, the people were pushing and urging him to accept the oath of allegiance, and he was trying to avoid them and keep out of it, hoping that something would happen to prevent him from getting involved, until he accepted it reluctantly. If there were any instrnctions from the Messenger of Allah (&) to that effect, they would not have hesitated to cany them out, but they did not ask him to do that on the basis of instructions.

Nor did they ask him on the grounds that he was from the tribe of 'Abd Man% or because he was one of Quraysh; rather it was because he was one of the earliest to become Muslim, he was one of the ten who were given the glad tidings of paradise, and he was the people's second choice after 'UthnCin (&) when the consultation process was canied out after the murder of 'Umar ibn al-KhatGb (A). Whenever 'AbdurR a m & ibn 'Awf consulted someone &d they recommended appointing 'Uthmin as the caliph after 'Umar, he asked the pelson whom be would choose if 'Uthmzn were not there, and the answer every time was 'Ali The oath of allegiance to Xli, his characteristics & his way oflife 1.5.2. The decision-makers and prominent people at the time of Amir al-Mu'mineen 'Ali (&) When Abu Bah, 'Umar and 'Uth&n (may Allah be pleased with them) were appointed as caliphs, the decision-makers and prominent people comprised the remainder of the ten who had been given the glad tidings of paradise, as well as the clan chiefs of al-Aws and al-Khazraj. They were all residents of Madinah, among the first to become Muslim, and well-versed in knowledge and faith." 'Ali (&) thought that the selection of the caliph was a matter for those who were still in Madinah of the Muhijireen and An&, the decision-makers among those who had been present at Badr and the consultative committee, but al-Hasan ibn 'Ali (&) thought that attention should be paid to the new elements in Muslim society. That is clarified in the discussion that took place between al-Hasan ibn 'Ali and his father 'Ali ibn Abi T%b (may Allah be pleased with them both).

Al-Hasan said: "I told you, but you did not listen to me, and next you will he killed when you are alone with no one to suppoa yon." 'Ali (&,) said: "You are still nagging like a little girl. What is it that you told me to do and I did not listento you?" He said: "I told you on the day that 'Uthmh (&) was besieged to leave Madinah, so that if he was killed you would not be there. Then I told you on the day that he was killed not to accept the oath of allegiance until the delegations from different regions and Arab tribes had each sworn their allegiance."82 'Ali's response was: "As for your telling me not to accept the oath of allegiance until the allegiance of the regions came, this matter is something to he decided by the people of Madinah, and we did not want this decision to be made by others."83 'Ali (&) thought that swearing allegiance to appoint the caliph could be done by people other than the people of Madinah and the MuhSjiroon and Ans%, hut he did not want this position to be moved away from them to others or that others should participate in it 'Ali ibn Abi Ttlib at that time. He was concerned that a person from elsewhere might introduce new things that drifted away from the ways of the Messenger of Allah (&) and the earlier caliphs, or that it was still too early to allow anyone other than the Muhzjiroon and An$% to participate in the selection of the Muslim ruler. Therefore he did not want this issue to be taken away from the MuhSjiroon and ~ n $ & . ~ ~ The evidence for that is that when the people of Kufah suggested to him that allegiance should be given to al-Hasan, he said: "I neither forbid you nor enjoin you." This indicates that it is permissible for people other than the people of Madinah to choose the ruler.

From this discussion that took place between al-Hasan ibn 'Ali and his father (may Allah be pleased with them both), we learn a number of things: (a) Respect for the other side's opinion in discussions. (b) Kind and gentle treatment of Amir al-Mu'mineen 'Ali ibn Abi T2ib (&) towards his son. (c) Franhess of the son towards his father in expressing everything he thought was right in this discussion. (d) Listening properly to the other side, as Amir alMu'mineen 'Ali ibn Abi T%ib (&) listened to all the arguments presented by his son al-Hasan. (e) Discussing the points one after another in a systematic manner. 85 1.5.3.

Keenness that the position of caliph should not remain vacant The MuhSjiroon and An$% in Madinah insisted that 'Ali (&) should accept the position of caliph, even though be was reluctant, so as to ward off the danger of the Ummah falling into chaos and The oath ofallegiance to 'Ali, his characteristics & his way of life division. So he accepted and was keen to push the rebels a step backwards by stipulating that allegiance should be swom to him openly in the mosque. The people of prominent position and the decision-makers are the ones who should appoint the caliph; as for the common folk, their place is in swearing the general oath of allegiance, which is to he done openly.86 He was keen to confirm this principle from the minbar when he said: "0 people, this matter of yours (appointing someone to the caliphate) is your affair, and no one has the right to take that position except the one whom yon appoint."87 1.5.4. Response to some contemporary writers who talk about the oath of allegiance to 'Ali (&) AlL'Aqqiid says, speaking about the election of the caliph after the murder of 'Uthmin (&): "This report, even though it is brief, listed for us the names of 2 the possible candidates for the caliphate in Madinah after the killing of 'Uthmiin (4). Perhaps those who sought it most were Talhah and az-Zubayr, who declared war on 'Mi (&) later on.

They were paving the way for that during 'Uthmin's Lifetime; they thought that Quraysh had already decided that no Hishimi should take that position, and that 'Ali (&) would soon be pushed away from the post of caliph after 'Uthm2n (&), as he had been before. 'A'ishah (&) preferred for the caliphate to end up with one of these two or wi& Abdullah ibn ai-Znbayr, because Talhah was from the tribe of Taym, and az-Zubayr was the husband of her sister Asma'. The support of 'A'ishah for one of them would give great hope of success."s8 Elsewhere, he said: "The matter concerning which there is no doubt is that Imam ['Ali (&>)I was annoyed at the injustice done to him when allegiance was sworn to someone else after the death of his cousin (B), and he thought that his kinship with the Prophet was an 'Ali ibn Abi Tilib advantage that would make him more qualified to become caliph after him, because it was a branch of prophethood as he thought. They were the family of prophethood, and the message descended among them, as he said."89 He also said: "It is well known that 'Ali (&) thought that he was more entitled to the caliphate than his predecessors, hut he had been pushed away from his right since the departnre of the Prophet (B) to the higher companion."90 There are other serious mistakes, lies and obvious fabrications in which al-'Aqqzd indulged because of the fahricated reports. Similar errors were made by Khilid Muhammad Khilid in his hook Khulafa' ar-Rasool, in which he quoted from 'Ali (&) fahricated words, according to which he said that Abu Bakr and 'Umar had usurped the caliphate from Khilid al-Beetir was also mistaken in his book 'Ali ibn Abi Tilib when he commented on the stance of Fitimah (@) with regard to the inheritance of her . i fathepz and the attitude of 'Ali (&) . ., concerning the caliphate of Abu Bakr (&).

These are just a few examples from a long list of people who discussed these issues and said things that were not based on proper research and knowledge, claiming that 'Ali was pushed away from the caliphate after the death of 'Uthmin (&) as he had been pushed away before that; that the Companions were conspiring to seize the caliphate on the basis of tribal affiliation and resentment against Banu Hishim, or for the purpose of worldly gains; that 'Ali was upset because of the unfairness that befell him when allegiance was given to someone other than him after the death of the Prophet (g); that he felt that he was more entitled to the caliphate than his predecessors, and that the Prophet (g) had paved the way for his caliphate and tried to make him loved by the people when he appointed him as a commander on some occasions and left him in charge of Madinah in The oath of allegiance to 'Ali, his characteristics & his way oflqe his absence on others; that there were no close relationships between 'Ali (+) and the other Companions; that he forgave Abn Bakr and 'Umar (may Allah be pleased with them) for their transgression against him and seizure of the caliphate; and that he swore allegiance to Abn Bakr only after the death of Fitimah (%+). AU of these are lies and fabrications that are contrary to truth, justice and fairness; they are also contrary to the sound historical record and to clear statements made by 'Ali (&) himself, as quoted above. He acknowledged the superiority of-the previous caliphs when he was caliph; he would even announce that from the minbar and issue threats of punishment to anyone who gave him precedence over them. This is proven with sound chains of narration. He was a support and help to them, and his relationships with them were strong.

The strength of these bonds was not affected by the turmoil and troubles that were stirred up by those whose confusion was based on weak and fabricated reports from the authors whom we have mentioned, whose statements we have quoted by way of example; this is not a complete list. The reason why they fell into this pit was their ignorance of the methodology of Ah1 asSunnah wal-Jami'ah in writing history, as well as the fact that they were not able to distinguish between sound sources and worthless sources, or between sound reports and weak or fabricated reports, so they relied on fabricated reports when reaching their conclusions. 1.5.5. The first speech delivered by 'Ali (&) Amir al-Mu'mineen 'Ali (&) said, in the first speech that he delivered when he was appointed as caliph: "Allah, may He he glorified and exalted, sent down a Book of guidance in which He explained good and evil, so do what is good and stay away from what is evil. Cany out obligatory duties for the sake of Allah, and Allah will lead yon to paradise. Allah has established sacred limits that are 'Ali ibn Abi Trilib not unknown; He has made the sanctity of the Muslim more sacred than all other sacred limits; and He has brought the Muslims together on the basis of devotion and tawhid.

The Muslim is the one from whose hand and tongue the Muslims are safe, except when there is a legitimate reason. It is not permissible to harm a Muslim except when there is a legitimate reason. Pay attention to the interests of the people ... for the people are in front of you (meaning that you could do something for them), and the Hour is behind you and will catch up with you. Show littleinterest in this world, and you will join the righteous people, because what lies ahead of the people is their destination in the hereafter. Fear Allah with regard to His slaves and His land, for you are responsible even for the land and the animals.

Obey Allah, may He be glorified and exalted, and do not disobey Him. If you see something good, then go ahead and do it; if you see something evil, then leave it. jAnd remember when you were few and were reckoned weak in the land) (Quran 8: 26)."93 Since the oath of allegiance to 'Ali (4) came after overwhelming turmoil, the victim of which was the previous caliph of the Muslims, he called the Muslims to do good and to stay away from evil, and he explained to them that the sanctity of the Muslim surpassed all others, and that it is not permissible to harm a Muslim under any circumstances. Then he reminded them of death and the hereafter, and he urged them to adhere to piety, obedience and righteous deeds.94 The main points of this speech had to do with aspects of belief, worship and attitude. He also referred to some of the aims of Shariah. We may sum up the plan that he wanted to draw up for the people as follows: Go back to the way you were at the time of the Messenger of Allah (B)~' and the Rightly Guided Caliphs who came before 'Ali (4).

With wisdom and eloquence, Amir al-Mu'mineen explained the foundation for the new era of the caliphate by saying: "If you see The oath of allegiance to 'Ali, his characteristics & his way of life something good, then go ahead and do it; if you see something evil, then leave it." He concluded wlth the Qur'anic verse that they needed to he reminded of, so as to compare how they were before Islam and after. They had been few in number, weak, lonely and in a state of obscurity, to the extent that they were like a piece of meat pecked by birds, but now [after Islam came] they had gained in strength, abundance, security, peace, prosperity and riches. Allah (&) had granted them blessings, so they had become famous; their banners were planted throughout the world, and people and countries had submitted to them.96 1.5.6. The equivalence of the words 'imam', 'caliph' and 'Amir al-Mu'mineen' Al-Nawawi said: "It is permissible to call the ruler caliph, imam and Amir al-~u'mineen."" Ihn Khaldoon said: "We have explained the definition of this position: it is someone who acts on behalf of the one who brought Shariah with regard to protecting the religion and taking care of the worldly affairs of the Muslims. That post may be called the caliphate or imamate, and the one who fills that post may be called the caliph or imam."98 Ihn Mandhoor - defines the caliphate as ~ l e r s h i ~ . ~ ~ Abn Zahrah explained the similarity between these two words caliphate and greater imamate: "It is called caliphate (khilafah) because the one who takes that post and becomes the ultimate ruler of the Muslims is taking the position of succeeding the Prophet (g) with regard to running their affairs; and it is called the imamate because the caliph was called imam, because obedience to him is obligatory, and the people rally behind him as they would rally behind the one who led them in prayer."100 Professor Muhammad al-Muhkak explained the reason for the choice of these words - imam, caliph and Amir al-Mu'mineen - as aimed at 'Ali ibn Abi Tcilib making the Islamic concept of the state distinct from the ancient system of monarchy as understood by other nations such as the Persians and the Byzantines, since those systems were fundamentally different from the new Islamic concept.101 The early caliphs were called both caliphs and imams, and from the time of 'Umar ibn alKhagb (&), the Muslims began to use the title Amir alMu'mineen.

The word imam is mentioned in the noble Quran in more than one place in the sense of leader, guide or head. Allah (s) says: lfHe [Allah] said [to him], 'Verily, I am going to make you an Imam [a leader] for mankind [to follow you].' [Ibaeem (Abraham)] said, 'And of my offspring [to make leaders].' [Allah] said, 'My Covenant [prophethood] includes not Zrilimoon [polytheists and wrongdoers') (Quran 2: 124). This means that He was going to make him an example to be followed.102 He (&) also says: Band make us leaders [imaman] of the Muttaqoon [the (Quran 25: 74), so that they will follow us in matters of religion. He says: B[And remember] the Day when We shall call together all human beings with their [respective] Imam [their Prophets, or their records of good and bad deeds, or their holy Books l i e the Quran, the Taw& (Torah), the Injeel (Gospel), or the leaders whom the people followed in this world]), (Quran 17: 71), that is, with whomever they followed as a leader, he it a Prophet or a religious leader, or as it was said: the book of their deeds which they sent ahead.'03 The word imam also appears in many places in the Sunnah, such as the words of the Messenger of Allah (g): "Whoever swears allegiance to amler [imam], giving him his hand with sincerity, let him obey him if he can. If another comes and disputes with him, then strike the neck of the other one;"lo4 "Adhere to the main body of the Muslims and their leader [imam]"'05 and "There are seven whom Allah will shade with His shade on the Day when there will be no shade but His: a just ruler [imam] .. . ,, 106 The oath of ullegiunce to 'Ali, his characteristics & his way of life It may be noted that the word imamate is most often used by Ah1 as-Sunuah in their books of 'aqeedah (belief) and fiqh, while the word caliphate is more usually used in their historical books.

The reason for that may be that these books, especially those on 'aqeedah, were written to refute those who introduced innovations into these matters, such as the RZdi Shia and the Kharijites.'" The Rifi* Shia use the word imam but not the word caliph, and they regard it as one of their pillars of faith and they differentiate between imamate and caliphate. They regard the imamate as religious leadership and the caliphate as head of state,''' intending thereby to affirm that 'Ali was the imam during the time of the three caliphs who preceded him.'09 Ibn Khaldoon said: 'The Shia gave the title of imam exclusively to 'Ali so as to affirm his position of imamate which was akin to the position of caliphate, and to affirm what they believe: that he had more right to lead the people in prayer than Abu Ba!a (&)."'" These titles - caliph, imam and Amir al-Mu'mineen - are not an issue that has to do with religious beliefs and actions, rather they are terminologies that existed after the death of the Messenger (g) that were used by the people. The Muslims also used other titles later on, such as amir (emir), as was the case in Andalusia, and sultan, and rulers may be called by any of these titles in the Islamic state. What matters in this regard is that the Muslims and their leaders should submit to Islamic teachings in beliefs and in laws and legislation, regardless of the titles that may be given to the head of state - whether his title is caliph, Amir al-Mu'mineen, head of state or president of the republic. Any of these titles or others may be used, depending on the people's customs.

It is preferable to use the titles mentioned above, though, because they have political connotations that are distinct from the connotations used by other nations, and because they have meanings that resonate throughout ow history as a symbol of Islamic civilisation."' 'Ali ibn Abi Trilib 1.5.7. Which is more correct when mentioning Amir al-Mu'mineen 'Ali (4) - to say 'May Allah be pleased with him', 'May Allah honour his face', or 'Peace be upon him'? The basic principle when mentioning the Companions is to say 'may Allah be pleased with them all', as Allah (&) says: $And the foremost to embrace Islam of the Muhijiroon and the An& and also those who followed them exactly [in Faith]. Allah is well-pleased with them as they are well-pleased with Him@ (Quran 9: 100) and (Indeed, Allah was pleased with the believers when they gave the Bay 'ah [pledge] to you [O Muhammad] under the tree.) (Quran 48: 18). Hence Ah1 as-Sunnah are accustomed to saying 'may Allah be pleased with him' for any Companion who is mentioned or from whom any hadith is narrated.

For example, it may be said: "This hadith was narrated from Abu Bakr (may Allah be pleased with him)." As far as I know, they do not use the phrase 'peace be upon him' when mentioning any of the Companions, even though peace or salzm is the greeting of the Muslims amongst themselves, as Allah (&) says: $But when you enter the houses, greet one another with a greeting from Allah [i.e. say: as-Sakimu 'Alaykum - peace he on you], blessed and good) (Quran 24: 61). Based on this, saying 'may Allah be pleased with him' is better than saying 'peace be upon him'. Allah (&) says: (But the greatest bliss is the Good Pleasure of Allah) (Quran 9: 72), and the Prophet (g) told us that Allah (&) says to the people of paradise: "I grant you My pleasure, and I will never be angry with you again.""' But the scholars are accustomed to saying 'peace be upon him' only with regard to the prophets, because Allah (&) says: 4And peace be on the Messengers) (Quran 37: 181) and (And Salzm beace] be on him the day he was born) (Quran 19: 15). The oath of allegiance to 'Ali, his characteristics & his way oflife Due to the report that was narrated concerning 'Ali (&), in which the Prophet (g) said to him: "You are to me as Haroon was to ~ o o s a , " " ~ those who exaggerate, such as the Rifias, started to use the phrases 'peace be upon him' or 'may Allah honour his face' with regard to Amir al-Mu'mineen 'Ali (&>I. Undoubtedly he is deserving of that, but the other Companions are just as worthy."4 This phrase was used by many copyists and scribes, and by some of the scholars of Ah1 as-Sunnah, specifically with regard to 'Ali (4); they would say 'peace he upon him' or 'may Allah honour his face' when referring to him hut not to the rest of the Companions. Even though the meaning may be correct, we should treat all the Companions equally in that regard.'15