The Trial of Ubaidullah bin Umar

Assassination of Umar, a conspiracy?

When Umar was stabbed by a Persian slave Firoz, a question arose whether this was the act of a single disgruntled person or whether it was the result of a conspiracy. Abdur Rahman b Abu Bakr reported that the previous day, he had seen Firoz, Jafina and 1-lurmuzan conferring together. Seeing him the three men were confused, and a double edged dagger fell from the hands of one of them. It was alleged that that was the dagger with which Umar had been stabbed.

Ubaidullah's orgy of murder

When Ubaidullah a son of Umar heard the report of Abdur Rahman, he took his sword, and rushed out of his house to take the revenge for the assassination of his father. After stabbing Umar, Firoz had killed himself. Ubaidullah first went to the house of Firoz, and killed his wife and daughter. He then sought Jafina. He was a Christian of Hirah, who had been brought to Madina after the conquest of Iraq. He was employed in teaching the art of writing to the Arab students. Ubaidullah killed Jafina. Thereafter Ubaidullah went to Hurmuzan and killed him likewise. Hurmrzan was a Persian General who had been taken captive in one of the Persian campaigns. He accepted Islam and settled in Madina. Umar had sanctioned a stipend for him. When the Muslims came to know that in a fit of frenzy, Ubaidullah had killed four persons, they apprehended him and confined him to his house.

The trial of Ubaidullah

After assuming office as the Caliph, the first case that Uthman was to try was the case of Ubaidullah. Apart from Abdur Rahman b Abu Bakr no other person supported the theory of any conspiracy. Adequate evidence was thus not forthcoming to support the theory of the involvement of Jafina and Hurmuzan in the alleged conspiracy. Again, even if it was established that these persons had entered into a conspiracy, there was no justification for the killing of the wife and daughter of Firoz. Even if there were strong prima facie grounds for holding that the assassination was the result of a conspiracy, the State alone could have tried the accused and condemned them only when they had offered their defense, and the case was established against them. Ubaidullah had no right or justification to take the law in his own hand and murder four persons without affording them an opportunity for defense. That was the Arab practice of the days of ignorance which was in violation of the injunctions of Islam.

The verdict of Uthman

The case was tried by Uthman with the help of a jury. The jury included Ali, Amr b Al A'as and some prominent Companions. Ali was of the opinion that the dictates of justice demanded that Ubaidullah should be executed for taking the law in his hand, and murdering four citizens without cause. Ali was emphatically of the view that in Islam, law was no respecter of persons, and Ubaidullah could not be saved from the penalty of law merely on the ground that he was the son of the late Caliph.

Amr b Al A'as and other companions were of the view that they lost Umar only yesterday, and it could not be that today his son should be killed. They said that they owed to the memory of Umar that his son should be protected.

Uthman pondered over the matter. He said that as the murdered person had left no heir, he was their heir, and in this capacity it was open to him to accept blood money for the murdered persons. His verdict was that Ubaidullah should pay a thousand diners as blood money, for each murdered person.

Ubaidullah was not in a position to pay the blood money. Uthman paid the blood money out of his own pocket and credited it into the Baitul Mal.

Reaction to the verdict of Uthman

On the whole the people were satisfied with the verdict of Uthman, and they praised him for his generosity in paying the blood money out of his own pocket. There were, however, a few persons who found fault with his judgment, and insisted that Ubaidullah should have been executed. In a poem the poet Ziyad b Labid said:

"O Uthman, there is no doubt that after the assassination of Hurmuzan, Ubaidullah had no right to live. You have unjustly pardoned him although you had no right to do so".

Uthman summoned Ziyad, and explained to him the justification for his verdict. Thereafter Ziyad composed some verses praising Uthman for his verdict, and for his generosity in paying the blood money out of his pocket.

Tabari's version

In Tabari's history, a somewhat different version of the incident is given. It is stated that Qamazban the son of Hurmuzan appeared as a witness before the Caliph. He stated that a day previous to the assassination of Umar, his father came across Firoz. A double edged dagger fell from the hands of Firoz. Hurmuzan had asked Firoz why he had that dagger with him. Firoz had given an evasive reply, but Hurmuzan warned him not to use the dagger as that would involve them all in trouble.

In view of the evidence of Qamazban it was established that the assassination of Umar was the sole act of Firuzan neither Hurmuzan nor Jafina were involved in the conspiracy in any way. Thereupon the Caliph decided that Qamazban could deal with Ubaidullah in any way he liked. Qamazban was originally of the view to murder Ubaidullah, but later he changed his view and pardoned him for the sake of God. Thereupon Uthman paid the blood money out of his pocket.

Directives of Uthman

On assuming office, Uthman issued a number of directives. These directives provided the guidelines for the functionaries of the State, and set out the policies of Uthman in specific terms. All concerned were required to implement such directives in letter as well as in spirit.

Directive to the administrators

Uthman issued the following directive to the persons responsible for administration in various parts of the dominions:

"After glorifying and offering all praise to God Almighty, it may be stated that Allah requires the administrators to be the well wishers and protectors of the people. The administrators have not been vested with power merely to collect taxes from the people. In Islam the position of an administrator is that of a protector and not a mere tax collector. A time will come when the administrators will concentrate on the exercise of power and would overlook their obligations to the people. That will be the age of tyranny. I3ear in mind that your main obligation is to study the problems of the people, and-help them in the solution of such problems. See that a proper equation is maintained between the rights and duties of the people. Every body should perform his duty, and at the same time he should be assured that he would have what is due to him. Also keep an eye on the enemies. See that such subversive activities, if any, are suppressed, but whatever promises are made, even with the enemy, should be respected".

Directive to the defense forces

"Uthman issued the following directive to the defense forces: "Keep in mind that you are to guard the frontiers of the Muslim dominions. You are to protect the life and property of the Muslims. I am aware of the laws that Umar formulated for your guidance. Indeed such laws were made with my consultation and the consultation of other Muslims. Be wary that I do not receive any complaint that you are violating or thwarting such laws. If you do so, God will place other persons in your stead. I am under obligation to protect your rights and privileges, but you should always weigh how far you deserve such rights and privileges.

Directive to the tax collectors

Uthman issued the following directive to the tax collectors:

"Know you all that all glory and "raise is for God. God enjoins justice, and He would not approve any act of administration which is not based on justice. Be just and fair to all concerned. Do not realize from any body what is not due from him. Be honest. See that the trust reposed in you is not betrayed. Do not oppress or harass the people. Pay particular regard to the orphans and the poor. See that they are not made to bear a burden which is beyond their capacity."

Directive for the general publics

Uthman issued the following directive for the general public:

"Know that whatever you have attained is due to Islam and following the injunctions of the Holy Prophet. If you are lost in the world you will betray the objective of your life. Follow Islam faithfully and do not introduce any innovations. See that the abundance of wealth does not divert you from the ideals of Islam. The extension of your dominions has brought various peoples within your fold. See that this does not lead to any differences among you. Remain united. Hold fast to the rope of God. May God bless you."