The Ethics of Disagreement in Islam

Chapter Four: The Historical Context (2)

The First Generation

Some writers on Islam and Muslim history try to portray the generation of the Companions in a way that causes people to believe it was not only unique but inimitable - that it is impossible to have such a generation again. This is an affront to Islam no less serious than the misguided claim that after the Companions it is impossible to reconstruct Islamic life according to the teachings of the Qur'an and the Sunnah and therefore futile to strive towards this goal. In this way, misguided persons attempt to stifle the aspirations of those who still continue to pursue the goal of a life in the shade of the protective Sharee`ah.

The Companions were a community (Ummah) molded by the Book of God and the Sunnah of His Messenger, both of which are available to us and are capable of creating a God-fearing Ummah in any time and in any place when they are adopted as a program and a method, and when people relate to them in the same manner as did the Companions. This will remain true until the Day of Judgment. To allege that it is impossible to reconstruct a generation like that of the Companions is to attribute some measure of deficiency to the Qur'an and the Sunnah of the Prophet. Such a claim also seeks to suggest that the impact of the Qur'an and the Sunnah on the lives of people in that generation was conditioned on specific circumstances existing at that time. They argue that these circumstances are irrelevant to the present age which has introduced new systems appropriate to the new circumstances. This is an argument that ultimately leads to manifest unbelief and rejection (kufr) of Islam.

The Companions of the Prophet indeed differed on many issues. If these differences occurred during the lifetime of the Prophet, why should they not have differed after him? In fact they did differ. But there were reasons for their differences, and there were ethics in dealing with those differences which concerned issues of grave importance.

After the Death of the Prophet

The first disagreement among the Companions after the death of the Prophet concerned the reality of his death itself. `Umar ibn al Khattaab, may God be pleased with him, insisted that the Messenger of God did not die, considered any such talk a false rumor spread by the hypocrites, and threatened to punish them for it. This went on until Aboo Bakr ap peared on the scene and recited the verse of the Qur'an:

Muhammad is no more than a Messenger. Many were the Messengers who passed away before him. If he died or were slain, will you then turn back on your heels? Whoever turns back on his heels, not the least harm will he do to God; but God [on the other hand] will swiftly reward those who [serve him] with gratitude (3: 144).

And another verse of the Qur'an:

Truly you will die [one day], and truly they [too] will die [one day] (39: 30).

When `Umar heard these verses his sword fell from his hand and he himself fell to the ground. He realized that the Prophet, may God bless him and grant him peace, had passed away and that the divine revelation had come to an end. About the verses which Aboo Bakr had recited, he said: "By God, it seems to me as if I had never read these verses before."  [ See Ibn Hazm, al Ihkaam, 2/125; Ibn Katheer, Tafseer, 4/52 al Tabaree, Tafseer, 24/302; Ibn Hishaam, Seerah, 2/655.]

Ibn `Abbaas reported that `Umar ibn al Khattaab during his caliphate told him:

"O Ibn `Abbaas, do you know what made me say what I said when the Messenger of Allah, peace be on him, passed away?" I replied: "I do not know, O Ameer al Mu'mineen. You know better." `Umar then said: "By God, the only thing which made me say that was this verse of the Qur'an I used to read: `Thus have We made of you an Ummah justly balanced, that you might be witnesses over people, and the Prophet is a witness over you' (2: 143). By God, I used to think that the Prophet, peace be on him, would remain among his Ummah so that he could be a witness over it till the last of its deeds. That is what made me say what I said." [ Ibn Hishaam, Seerah, 2/661, 666. It is related that `Umar ibn al Khattaab said something similar when he gave his oath of allegiance (bay`ah) to Aboo Bakr in the Prophet's mosque.]

It seems that `Umar had made an independent interpretation of the verse and concluded that "witnessing" applied to the whole span of life in this world. This would have required the Prophet to remain alive till the end of the Ummah's days.

Differences over the Prophet's Burial

The second issue on which the Companions differed concerned the place where the Prophet should be buried. One person said: "We should bury him in his mosque." Another said: "We should bury him next to his Companions." Aboo Bakr then said: "I heard the Messenger of God, may God bless him and grant him peace, say: `Whenever a prophet died he was buried where he died.'" Thereupon, the bed on which the Prophet died was raised and his grave was dug beneath it. [ Ibn Hishaam, Seerah, 2/661, 666. It is related that `Umar ibn al Khattaab said something similar when he gave his oath of allegiance (bay`ah) to Aboo Bakr in the Prophet's mosque, Also al Tirmidhee, Sunan, hadeeth 1018.]

These were two critical issues which were swiftly resolved simply by resorting to the Qur'an and the Sunnah.

Who Should Succeed the Prophet?

Another controversy arose about who was to succeed the Prophet. Should the successor be from among the Muhajiroon (emigrants from Makkah) or from the Ansaar (helpers from Madinah)? Should the office be entrusted to one person or more? Should the successor be vested with the same prerogatives exercised by the Prophet in his capacity as judge and leader (imaam) of the Muslims, or should these prerogatives be less or different?

Ibn Ishaaq reports in this respect:

When the Prophet passed away, a group of Ansaar assembled at the meeting place of Banoo Saa`idah and sided with Sa`d ibn `Ubaadah. `Alee ibn Aboo Taalib, al Zubayr ibn al `Awwaam, and Talhah ibn `Ubayd Allaah gathered together in Faatimah's house. The rest of the Muhaajiroon sided with Aboo Bakr and so did Usayd ibn Hudayr among the Banoo `Abd al Ashhal. [ Ibn Hishaam, Seerah, 2/656-61.]

A great civil strife was about to occur. If it had occurred, it would not have been a great surprise. The demise of the Prophet with his tremendous personality and his status as a Prophet and leader created a vacuum which it was not possible to fill easily. This was especially so because there were some Companions like `Umar ibn al-Khattaab who had held the Prophet in such high esteem that he could not believe his death. Every individual in the community loved the Prophet more than he loved himself - so much so that while the Prophet was performing ablution, they would stretch out their hands to catch some droplets before the water of his ablution fell to the ground. Indeed no community has ever loved its Prophet and its leader as much as the Companions loved the Messenger of God. In spite of the Prophet's extreme humility, none of his Companions could look him straight in the eyes. Such was both their love for him and their awe of him. The shock of the Prophet's death was capable of making them lose their wits. Indeed this is what happened and there is nothing strange about it. It was through the Prophet's loving care that they manage to secure dignity and prosperity in this world and felicity in the hereafter. In spite of this they were able to overcome their agonizing grief and the pain of separa tion as they recited the words of God Almighty: "Muhammad is no more than a messenger. Many were the messengers that passed away before him. If he died or were slain, will you then turn back on your heels? Whoever turns back on his heels, not the least harm will he do to God; but God [on the other hand] will swiftly reward those who [serve him] with gratitude" (3: 144).

Thus consoled, they directed their efforts towards resolving the problem at hand, preserving the eternal message and preventing the causes of dissension (fitnah).

Admittedly, there were many indications during the Prophet's life-time that the leadership would go to Aboo Bakr and then to `Umar ibn al Khattaab. No other Muslim would aspire to or claim equal footing with these two men. Aboo Bakr was the Prophet's deputy, his closest friend, his companion during the migration (hijrah) from Makkah to Madinah, and the father of his favorite wife, `Aa'ishah. Aboo Bakr was the one who did not forsake the Prophet in any major matter. And who was `Umar? He was that person whose acceptance of Islam brought dignity to the Muslims, whose emigration was a source of awe and humiliation to the disbelieving Quraysh, and whose opinion received divine validation in the Qur'an. How often are such sentences as the following mentioned in the books of hadith: "The Prophet, peace be on him, came and with him were Aboo Bakr and `Umar . . ." "The Messenger of God went and with him were Aboo Bakr and `Umar . . ." or "The Messenger of God, may God bless him and grant him peace, went on an expedition and with him were Aboo Bakr and `Umar." All of this might have lessened the impact of the devastating loss felt by the Muslims. In such circumstances feelings of loss could, however, outweigh the strengths and virtues which distinguished the Companions and bring about an uncontrollable state of chaos and civil strife. Happily, the men who were brought up in and nourished by the teachings of the Prophet's message were strongly governed by its rules of conduct in all situations - whether in agreement or in disagreement, and in all aspects of life. These ethics and rules of behavior were a guarantee against all types of anticipated dangers; they guaranteed the intact preservation of the Islamic message and the protection of the unity of the Ummah. These ethics and rules ensured that the affairs of the Ummah were run in the same way as they were run during the lifetime of the Prophet.

In this respect it is narrated that someone came to Aboo Bakr and `Umar and said: "A certain group of the Ansaar are now gathering in the meeting place of Banoo Saa`idah. They have sided up with Sa`d ibn `Ubaadah. If you are concerned about the affairs of the Ummah, hasten to these people before the matter gets out of control." This piece of news reached Aboo Bakr and `Umar before the body of the Prophet, peace be on him, was ready for burial. On hearing it, `Umar said to Aboo Bakr: "Let us go to these our brothers from among the Ansaar to see what they are about." `Umar related what happened next. He said:

The Ansaar diverged from us and held a meeting with their respected members in the meeting place of Banoo Saa`idah. So we set out to join them. On the way there we met two pious men from the Ansaar who mentioned to us what their people had in mind. They asked: `Where are you heading for, O company of Muhaajireen?' We said: `We are going to these our brothers from the Ansar.' They said: `You should not approach them, O company of the Muhaajiroon. Decide the matter yourselves.' I said: `By God, we shall certainly go to them.' So we set off till we came to them in the meeting place of Banoo Saa`idah and there behind us was a man wrapped up. I asked: `Who is this man?' They replied: `Sa`d ibn `Ubaadah.' I asked: `What's wrong with him?' They replied: `He is ill.'

We sat down listening to their spokesman who mentioned the merits and virtues of the Ansaar and suggested that they were more deserving of succeeding the Prophet than anybody else.

It is necessary to stop here and reflect on this. The Ansaar were the indigenous people of Madinah. They were also in an absolute majority. They were the ones who gave refuge and support to the Prophet and the Muhaajiroon. They "who had their abode in this realm and in faith" (59: 9) opened up their hearts to Islam before they opened up their homes to the Muhaajiroon. There was not a single muhaajir who did not owe a tremendous debt to his Ansaari brother in faith. If there were a categorical text in the Qur'an or the Sunnah on the issue of succession, any controversy in this respect would have been resolved by referring it to the Qur'an and the Sunnah. But as there was no text, the only way to get out of this crisis was to exercise the qualities of wisdom (.hikmah) and experience, to apply the ethics of disagreement and quiet reasoned discourse. Such were the thoughts that surged through `Umar's mind as he listened to the spokesman of the Ansaar.

`Umar continued:

When the Ansaar spokesman stopped, I wanted to deliver a speech which appealed to me. But Aboo Bakr said: `Gently, `Umar.' I did not want to make him angry. So he spoke in stead. He was certainly more knowledgeable and more sagacious than I. And by God, his spontaneous intuitive speech included all the wonderful thoughts that surged through my mind either in a similar or better way. Then he was silent. Among the things which he, may God be pleased with him, said was: `As for whatever good you mentioned about yourselves, you certainly deserve them.' He commended them and what they contributed to their religion and to their brothers in faith, the Muhaajiroon. He recalled their merits and their virtues which even their own spokesmen did not mention. Then he began to disentangle the problem from the framework in which the Ansaari spokesman had placed it. He emphasized that the matter was not limited to Madinah alone but concerned the whole Arabian peninsula - whether this whole region would continue to be under the influence of Islam. If the Muhaajiroon lived in Madinah it is possible that they would have granted the succession to their Ansaaree brethren in recognition of their merits. But the rest of the Arabs would only submit to the Quraysh. And if unity was not achieved then the message of Islam would not be destined to cross boundaries and spread outside the peninsula. Thus the interests of Islamic propagation (da`wah) required that the succession (khilaafah) to the noble Prophet should be from among the Quraysh in order to carry forward the message and keep hearts together. He then requested them to choose between two people from the Quraysh whose excellence no one could doubt: `Umar ibn al Khattaab and Aboo `Ubaydah ibn al Jarraah. He himself withdrew.

`Umar is on record as having said:

I have never disliked anything more than what was said by Aboo Bakr (namely, his nomination of `Umar and Aboo `Ubaydah). By God, it would have been more preferable to me to have my neck struck off without entailing any sin than to be a ruler over a people among whom was Aboo Bakr.

Another spokesman from among the Ansaar stood up and wanted to shift the issue back into the framework suggested by the first spokesman, and proposed that there should be one ruler (ameer) from the Ansaar and another from the Quraysh. `Umar described the situation then: "There was much talk and people raised their voices so loudly that I feared disagreement (would ensue). So I said: `Give me your hand, O Aboo Bakr.' He offered me his hand and I pledged allegiance to him. Then the Muhaajiroon followed suit and then the Ansar." In the ensuing rush, Sa`d ibn `Ubaadah, the nominee of the Ansaar, may God be pleased with him, was accidentally trampled upon." [ All the above quotations in ibid., 2/656-661.]

In this way the Companions of the Prophet were able to settle this dispute without leaving any trace of rancor in their hearts and to unite on the primary objective of carrying forward the message of Islam.

Payment of Zakaah Controversy

The fourth serious controversy was about the legitimacy of fighting those who refused to pay the obligatory tax of zakaah after the death of the Prophet. Once again, the Companions were able to overcome this crisis through their genuine sincerity and their adherence to the ethics of disagreement.

After allegiance had been pledged to Aboo Bakr as the successor (khaleefah) of the Prophet, some of the tribes who had recently become Muslims, renounced Islam. Some followed impostors, like Musaylamah, who claimed to be prophets. Other tribes refused to perform salaah or pay the zakaah. Some only refused to pay the zakaah to Aboo Bakr out of arrogance and conceit. Others did so because they came up with a false interpretation claiming that zakaah, according to the Sharee`ah, was originally payable only to the Prophet. They cited the following verse claiming that only the person addressed in it, namely the Prophet, had the authority to collect zakaah from them and had the ability to confer on them the benefits of purification:

Take alms (.sadaqah) from their wealth that you may purify and sanctify them; and pray on their behalf [for] indeed your prayers are a source of security for them. And God is the one who hears and knows (9: 103).

In this interpretation, those who refused to pay zakaah either forgot or ignored the fact that the address in this verse was not confined to Muhammad as Prophet only but also as ruler and leader of the Muslims. The collection and distribution of zakaah is part of the organization and administration of Muslim society, as is the application of other laws such as the fixed criminal code. The responsibility for carrying out these functions devolves on those who come after the Prophet and who act on behalf of the Muslim Ummah in the capacity of rulers and leaders.

Furthermore, whenever a Muslim pledged allegiance to the Prophet, he pledged among other things to establish regular salaah and pay zakaah - the two were and are inseparable. The first successor of the Prophet was keen on the protection and advancement of Islam and so decided to fight those who chose to withhold zakaah to make them repent and return to the fold of Islam, fully committed to abide by all that they had pledged to the Prophet. [ Al Bukhaaree, in Fath al Baaree's commentary, 3/212.]

`Umar ibn al Khattaab was instinctively against the permissibility of fighting those who withheld zakaah and confronted Aboo Bakr on the issue. Aboo Hurayrah, may God be pleased with him, has narrated how the dispute arose and how it was finally resolved:

When the Messenger of God, may God bless him and grant him peace, passed away, Aboo Bakr succeeded him and some of the Arabs reverted to kufr. `Umar said: `How can you fight people when the Messenger of God, may God bless him and grant him peace, has said: `I was commanded to fight people until they say `There is no god but Allah (laa ilaaha illaa Allaah)'. And whoever utters these words, his life and his property are inviolable except that which is he liable to pay and account for to God Almighty?' Aboo Bakr said: `By God, I will certainly fight whoever makes a separation between salaah and zakaah, for indeed zakaah is liable on wealth. By God, if they withhold from me even a little goat which they used to pay during the lifetime of the Prophet, I would fight withholding it.' `Umar said: `By God, it was none other than Allah Who opened Aboo Bakr's heart towards this decision to fight, and I realized that he was right.' [ Al Bukhaaree, in Fath al Baaree's commentary, 3/211.]

Ibn Zayd also says in this respect:

`Establishing salaah and paying zakaah were prescribed together - there was no separation between the two,' and he recited the following verse: "But if they repent, establish regular salaah and pay the zakaah, they are your brethren in faith" (9: 11). That is why Aboo Bakr refused to accept salaah without zakaah. May Allah bless Aboo Bakr for his clear understanding of Islam and his determination to confront those who tried to separate salaah from zakaah. [ Al Tabaree, Tafseer, 10/62.]

The cause of the controversy between Aboo Bakr and `Umar was that the latter adhered to the literal meaning of the hadeeth and considered that uttering the shahaadah was sufficient for admitting a person into the fold of Islam and making his property and his life inviolable. On the other hand, Aboo Bakr insisted that this was conditional on the phrase "except that which he is liable to pay." He considered zakaah as a due or liability on wealth which must be paid if a person were to be granted inviolability of life and property. In addition, he understood that the joining of salaah and zakaah in many verses of the Qur'an and in the sayings of the Prophet meant that these pillars were not to be separated.

Since both parties were agreed that the refusal to establish regular salaah was evidence of apostasy as was following a false claimant to prophethood, so the refusal to pay zakaah should be considered as evidence of apostasy for which the apostates should be fought. In this way, Aboo Bakr was able to convince the rest of the Companions of the soundness of his ijtihad to fight those who refused to pay zakaah, [ For a detailed discussion of the debate between Aboo Bakr and `Umar and the comments of scholars on this issue, see Nayl al Awtaar, 4/175 ff.] to consider them apostates so long as they did not repent, establish salaah and pay the zakaah. Thus this critical dispute was settled. The decision was vital for the preservation of Islam against the malicious attempts to demolish it pillar by pillar after the attempts to demolish it in one go had failed. Had it not been for this courageous and unflinching stand by Aboo Bakr and the subsequent support from the companions, Islam would not have remained intact, or it would have been confined to Makkah and Madinah, and apostasy and civil strife would have dominated the entire Arabian peninsula. [ For further details, see for example al Bidaayah wa al Nihaayah, 6/311 ff.]

Juristic Issues

If we leave aside these serious matters which were brought under control and examine other issues, we will find some remarkable examples of adherence to the ethics of disagreement and mutual respect among the `ulamaa' in the community. Among the matters which the "two venerable leaders" - Aboo Bakr and `Umar - differed on was the question of prisoners of war, the distribution of liberated lands, and the equality of financial provision for Muslims.

As regards female prisoners of war, Aboo Bakr was of the opinion that they should be kept under Muslim custody. But during his khilaafaah, `Umar revoked this decision and set the female prisoners of war free and allowed them to go back to their families, apart from those who had children from the men to whom they were entrusted. As regards liberated lands, Aboo Bakr distributed them but `Umar retained them in the state's control as trusts or endowments (waqf). Regarding financial provision for Muslims, Aboo Bakr maintained that there should be equality in stipends while `Umar opted for preferential treatment for various categories of Muslims.

On the question of succession, we may note that `Umar did not nominate anyone as his successor while Aboo Bakr himself nominated `Umar as his successor. They also had various differences about many juristic issues. [ See Ibn Hazm, al Ihkaam, 6/76.] But these differences only increased their love for one another as brothers in faith. When, for example, Aboo Bakr nominated `Umar as his successor, some Muslims asked him: "What would you say to your Lord and Sustainer when He asks you about your nomination of `Umar over us although you know of his harshness?" Aboo Bakr replied: "I would say: `O Lord, I have nominated as my successor the best of Your adherents.'" [ See Ibn Sa`d, Tabaqaat, 3/199, and al Kaamil, 2/292.] And when one of the Muslims told `Umar, may God be pleased with him: "You are better than Aboo Bakr," `Umar wept and said: "By God, one night of Aboo Bakr's life is better than [the life of] `Umar and his family." [ See Hayaat al Sahaabah, 1/646.]

These are examples of differences between these two men of great wisdom and stature. Their opinions differed but not their hearts, because they looked up to heaven and God's pleasure and not down to earthly power.

`Umar and `Alee

There were differences of opinion between `Umar ibn al Khattaab and `Alee ibn Abee Taalib, but these were kept within the bounds of refined manners. The following story demonstrates this:

There was a woman whose husband was away. `Umar, who was then the khaleefah, was told that she admitted men into her house in the absence of her husband. As `Umar disapproved of this, he sent someone to summon her to him. "Go to `Umar," she was told and she said: "Oh, woe unto me! Why should `Umar want to see me?" The woman was pregnant, and on her way to him she was so scared that she went into labor. She therefore entered a house where she gave birth to a child who died shortly afterwards. `Umar consulted the Companions of the Prophet, some of whom advised that he was not to be blamed for anything; he was only doing what his office required of him. `Alee, on the other hand, kept silent. Noticing that, `Umar came up to `Alee and asked him: "What do you say?" `Alee replied: "If what these Companions said is what they really think, then their opinion is wrong. But if they said that in order to please you, they have not given you proper advice. I believe that you have to pay compensation (deeyah) for the child. It is you who scared the woman, and she miscarried because of you." [ Transmitted by Muslim, Aboo Daawood, al Nasaa'ee, Ibn Hibbaan and others.]

`Umar yielded to the opinion of `Alee without feeling any resentment in acting on his verdict, even though he was the head of the Muslim state (ameer al mu'mineen). He felt a certain relief in following the opinion of another.

`Umar and `Abd Allaah ibn Mas`ood

`Abd Allah ibn Mas`ood was one of the most well-versed of the Prophet's Companions in the Qur'aan and one of the most knowledgeable in the Sunnah of the Prophet. Many of the Companions even regarded him as part of the Prophet's household, so close was he to the Prophet. Aboo Moosaa al Ash`aree has said: "There was a time when we used to think that `Abd Allaah ibn Mas`ood and his mother were relatives of the Prophet because of their closeness to him and because they were often seen frequenting his house. One day when Aboo Mas`ood al Badree saw `Abd Allaah ibn Mas`ood approaching, he pointed at him and said: "The Prophet has not left behind anybody more knowledgeable of the divine revelation than that man who is approaching." Aboo Moosaa said: "This man used to be present with the Prophet when we were away and he used to give us permission to meet the Prophet when we waited outside." [ Transmitted by Muslim. See Ibn Hazm, al Ihkaam, 6/63.]

`Umar was well-known for his profound understanding of Islam and his great abilities. Ibn Mas`ood was one of the men chosen by `Umar to perform various assignments. He concurred with `Umar in many of his judgments, to the extent that historians of Islamic jurisprudence considered that he was more influenced by `Umar than by any other Companion. Their methods of deduction were often similar and their juristic decisions often coincided. It is in fact likely that Ibn Mas`ood resorted to `Umar's conclusions on some juridical issues [ See al Ihkaam, 1/61.] as, for example, on some questions relating to inheritance.

However, in spite of their closeness and mutual respect for each other, `Umar and Ibn Mas`ood had their differences on various issues. Ibn Mas`ood used to place his right hand over the left in salaah but would not place them on his knees. `Umar did the latter but did not approve of the former.

Ibn Mas`ood was of the opinion that if a husband says to his wife: "You are unlawful to me," the utterance is equal to an oath implying irrevocable divorce. `Umar, however, considered this as only one, not the final, pronouncement of divorce.

If a man committed sexual intercourse with a woman and then married her, Ibn Mas`ood regarded the marriage as invalid and the man and woman as living in a state of lewdness and adultery. `Umar, on the other hand, regarded the initial relationship as adulterous but the marriage as valid. [ See al Ihkaam, 1/61.]

In his book I`laam al Muwaqqi`een, Ibn al Qayyim pointed out that Ibn Mas`ood and `Umar ibn al Khattaab differed on a hundred juristic issues, and he cited four of these. [ Ibn al Qayyeem, I`laam al Muwaqqi`een, 2/218.] Nonetheless, their differences did not lessen or weaken their love and respect for each other. This is amply illustrated by the following:

Two men came to Ibn Mas`ood. One of them was instructed [in reciting the Qur'an] at the hands of `Umar ibn al Khattaab and the other was taught by another Companion. The former said: "`Umar ibn al Khattaab taught me to recite." Ibn Mas`ood and the other was taught by another Companion. The former said: "`Umar ibn al Khattaab taught me to recite." Ibn Mas`ood wept on hearing this and then said: "Recite as `Umar has taught you to recite. He was indeed a fortress for Islam. Once people entered this fortress, they never left it. But when he was assassinated, the fortress started to crack." [ See al Ihkam (6/61).]

One day while `Umar was sitting, he saw Ibn Mas`ood coming towards him and said: "There comes a citadel full of wisdom and knowledge." In another version, `Umar is reported to have said: "Ibn Mas`ood is a citadel full of knowledge which would benefit the people of Qaadiseeyah." [ Ibn Sa`d, Tabaqaat, 4/161; Hayaat al Sahaabah, 3/791.]

May God be pleased with these two men. Despite their differences of opinion on some issues, their feelings towards each other only increased in mutual respect and love. From these events, we can derive a body of ethics which can be a model in treating problems relating to disputes.

Ibn `Abbaas and Zayd ibn Thaabit

To get more insight into the ethics of disagreement we could examine some specific issues over which some of the Companions differed.

Like many of the Companions of the Prophet, including Aboo Bakr, Ibn `Abbaas used to think that the grandfather of a deceased person should receive the entire inheritance to the exclusion of brothers and sisters. This was on the assumption that the grandfather should be treated in the same manner as the father in inheritance. Other Companions such as Zayd ibn Thaabit, `Alee ibn Aboo Taalib, and Ibn Mas`ood held that the estate should be divided between the grandfather and the children of the deceased. Commenting on this view, Ibn `Abbaas is reported to have said:

"Doesn't Zayd fear God in equating the grandson with the son while refusing to grant the grandfather the right of the father in inheritance?" And he added: "I wish that I and those who differ with me about inheritance matters should meet and place our hands on the corner of the Ka`bah and invoke God's wrath on those who are liars." [ See Taahaa Jaabir al `Alwaanee, al Mahsool, 2nd. ed. 5/55.]

By citing these examples of legal differences among the Companions, we do not seek to delve into or perpetuate disagreement; instead we seek to discover the norms of proper behavior which will hopefully enable us to solve our differences on legal issues, and consequently highlight the true Islamic spirit in dealing with people. Ibn `Abbaas, as we have seen, was very confident that his judgment was right and that Zayd's was wrong. Yet when Ibn `Abbaas saw Zayd riding one day, he took the reins of Zayd's mount and led him as a gesture of respect. Zayd protested saying: "Do not do that, O cousin of the Messenger of God, may God bless him and grant him peace." Ibn `Abbaas replied, "This is how we have been instructed to treat our learned ones and our elders." Zayd responded by asking for Ibn `Abbaas' hand. Zayd took the proffered hand and kissed it, saying: "This is how we have been instructed to behave towards the family (ahl al bayt) of our Prophet." [ Kanz al `Ummaal, 7/37; Hayaat al Sahaabah, 3/30.] When Zayd died, Ibn `Abbaas commented: "Thus does knowledge pass away." [ I`laam al Muwaqqi`een, 1/18.] In al Bayhaqee's version, Ibn `Abbaas is reported to have said: "This is the way knowledge passes away. Today, knowledge in abundance has been buried." [ Al Bayhaqee, Sunan, 6/211; al Mahsool, 2nd ed. 5/56.]

`Umar, may God be pleased with him, used to call upon Ibn `Abbaas to deal with problematic issues together with other learned and venerable Muslims both from among the Muhaajiroon and Ansaar whose experience went back to the time of the battle of Badr. [ Al Mahsool, 2nd ed. 4/154 ff.]

Indeed, if we try to trace the differences amongst the Companions about juristic issues and their conduct in explaining their respective posi tions, we could fill volumes. This of course is not our purpose here. Our intention here is only to cite some examples from which we can see the type of ethical behavior which shaped the lives of the generation of the Prophet's Companions, may God be pleased with them all. This would indicate the extent of their commitment in all circumstances to the ethics of disagreement.

For reasons only known fully to God, grave incidents of civil strife in which the Companions physically fought against each other did occur. Yet even in these dire and momentous circumstances the Companions never lost sight of each other's virtues and merits. Here is what Marwaan ibn al Hakam said of `Alee, may God be pleased with him: "I have not seen anyone more generous in victory than `Alee. [After our defeat] in the Battle of the Camel, he was nothing but our protector. He ordered one of his men to announce that none of the wounded should be finish ed off." [ Hayaat al Sahaabah, 3/12.]

On another occasion `Imraan ibn Talhah visited `Alee ibn Abee Taalib after the Battle of the Camel was over. `Alee welcomed him warmly, asked him to sit near him, and said: "I really hope that God will make your father and me among those whom He described: `And We shall remove from their hearts any feeling of rancor and [they shall be] brothers [joyful ly] facing each other on thrones [of dignity]'" (15: 47). Then `Alee began asking `Imraan about each member of his father's household, one by one. Some of those present who were not fortunate to have had the honor of the Prophet's company and who did not realize what it meant for a person to be a Companion of the Prophet were surprised at this. Two men who were seated nearby remarked: "God is more just than this. You were killing them yesterday and [now] you are brothers in Paradise!" `Alee became angry and said to both of them: "Get up and go as far away in God's land as you can. Who is it then (who fits the description of this Qur'anic verse) if it is not Talhah and I? Who is it then?" [Hayaat al Sahaabah, 3/13; also Ibn Sa`d, al Tabaqaat, 3/224.]

`Alee was once asked whether those who fought against him in the Battle of the Camel were polytheists. He, may God be pleased with him, said: "From polytheism they fled." When asked whether they were hypocrites, he replied: "Hypocrites only rarely remember God." When asked what in fact they were, he replied: "They are our brothers who committed an injustice against us." [ Transmitted by al Bayhaqee in al Sunan, 8/173.]

Someone spoke ill of `Aa'ishah, the Prophet's wife, in the presence of `Ammaar ibn Yaasir. Although `Ammaar did not support `Aa'ishah during the Battle of the Camel, he was outraged and said: "Be quiet, you loud and disgraceful one! How can you be offensive to the beloved of the Prophet of God, may God bless him and grant him peace? I bear witness that she is the Prophet's wife in paradise. Our mother `Aa'ishah took the course she chose. We know that she is the Prophet's wife in this life and the hereafter. But God made her a test for us to see whether we would obey Him or her." [ Transmitted by al Bayhaqee in al Sunan, 8/173. Also Kanz al `Ummaal, 7/166; Hayat al Sahaabah, 3/14.]

What more proper behavior could one expect from people whom God willed that they should fight against each other? The light which emanated from the beacon of prophethood continued to illuminate hearts which hate could not overwhelm. Such was the lofty standard of ethics and behavior which the Companions adopted in their differences. It was not fitting that controversy and a deviation from ethical behavior should co-exist in the hearts of men of goodness.

Ibn `Abbaas Debates with the Khawaarij

The discussions which took place between Ibn `Abbaas and the Khawaarij are very instructive not only of the knowledge and prowess of Ibn `Abbaas, but also of his courage and determination to resolve differences and disagreements through an appeal to reason and, in the first instance, to the Qur'an and the Sunnah.

Ibn `Abbaas relates that `Alee ibn Abi Taalib instructed: "Do not fight them [the Khawaarij] until they secede. They will secede." Ibn `Abbaas said: "O Ameer al Mu'mineen! Be soothed with prayer (.salaah). I want to go to the Khawaarij, listen to what they have to say and talk to them." "I am afraid for you on their account," replied `Alee. Confident of his own peacefulness as one not known to cause anyone any harm, Ibn `Abbaas put on his best Yemeni clothes and walked to the camp of the Khawaarij. "What sort of clothes are these?" they asked Ibn `Abbaas, who replied by reciting the verse of the Qur'an: `Say! Who has declared unlawful the beautiful gifts of God which He has produced for His servants and the pure and wholesome things which He has provided for sustenance?" (7: 32) and added: "I saw the Prophet, may God bless him and grant him peace, wearing the best Yemeni clothes." "It's all right," said the Khawaarij, "but what brings you here?" He replied: "I come to you from the camp of the cousin and Companion of the Prophet, may God bless him and grant him peace. The Companions of the Prophet, peace be on him, know more about the Revelation than you and it was among them that the Qur'an was revealed. I come to tell you about them and then go back and tell them about you. Why are you hostile to them?" Dismissively, one of the Khawaarij said: "Beware of talking to him. The Quraysh are indeed a contentious people. God, Exalted and Glorified is He, said: `Indeed, they are a contentious people'" (43: 58).

Another suggested that they should talk to him and they nominated two or three men to do so. They gave Ibn `Abbaas the choice of who should speak first, and he suggested that they should. The men proceeded to relate three complaints against `Alee ibn Abee Taalib. The first was that he had appointed men to pass judgment in matters pertaining to the religion of God knowing that God has said: "Judgment rests with none but God" (6: 57). They referred to the fact that `Alee had agreed to accept the arbitration of Aboo Moosaa al Ash`aree and `Amr ibn al `Aas in the dispute with Mu`aawiyah. In reply Ibn `Abbaas said that God has allowed men to pass judgment in matters pertaining to His religion even in the case of a quarter dirham, a rabbit, [ Ibn `Abbaas refers here to the Qur'aanic verse (5: 95) concerning the hunting of game while in a state of ihraam during hajj.] or a dispute between a man and his wife. In this latter case he cited the verse of the Qur'an: "Therefore send an arbitrator from his family and an arbitrator from her family" (4: 35). And in the end, he asked: "Now which is more important: arbitration between husband and wife or arbitration to prevent the shedding of blood and to preserve the unity of the Ummah?"

They conceded this point but then complained about the fact that `Alee did not insist on the title of Ameer al Mu'mineen during the arbitration process. They asked: "Is he Ameer al Mu'mineen or Ameer al Kaafireen (Head of the Disbelievers)?" Ibn `Abbaas asked whether they would reconsider their position if he cited verses from the Qur'an and the Sunnah of the Prophet. They said they would and he continued: "You must have heard directly or indirectly that on the day of Hudaybeeyah, Suhayl ibn `Amr came [as a negotiator] to the Prophet, peace be upon him. The Prophet directed `Alee: `Write: This is the truce agreed upon by Muhammad, the Messenger of God.' `Amr objected saying: `If we knew that you were the Messenger of God, we would not have fought against you.' The Prophet thereupon instructed `Alee: `Erase it, `Alee.' If the Prophet did not insist on being called Messenger of God, why could `Alee not forgo being called Ameer al Mu'mineen?'" They were satisfied on this point also.

Their third complaint was that `Alee fought in the battles of Siffeen and the Camel and did not take booty or prisoners of war. Ibn `Abbaas asked them: "Would you take your mother [referring to `Aa'ishah, the wife of the Prophet] as a prisoner of war and confiscate her property? If your answer is yes, then you would be disbelievers in the Book of God and you would have left Islam . . ." Ibn `Abbaas again asked, after quoting from the Qur'an and the Sunnah, whether they were satisfied on this point and they agreed. As a result of this verbal challenge, a substantial number of the Khawaarij returned to `Alee's camp, but the majority remained obdurate. [ Ibn al Qayyim, op. cit., 1/214-5.] These were people who had unsheathed their swords, and were ready to fight those who had differed from their line of thought, considering it lawful to take their lives and property. Nonetheless, when they were challenged to debate and accept the truth, many of them responded. When they were reminded of the Qur'an they reflected on it. When they were invited to dialogue they responded with open hearts. It is pertinent to ask how Muslims of the present day stand in relation to such attitudes.

`Ali and Mu`aawiyah

It is reported that Mu`aawiyah ibn Abee Sufyaan asked Diraar ibn Damrah al Kinaanee to describe for him the character and demeanor of his adversary, `Alee ibn Abee Taalib. Diraar requested to be excused but Mu`aawiyah insisted. Diraar then said:

By God, `Alee is far-sighted and dynamic. What he says is decisive and his judgment is just. Knowledge and wisdom spring from his lips and are reflected in his actions. He shows no particular liking for the world and its adornments and finds company in the night and its darkness. By God, he was tender-hearted and was wont to weep profusely. He would engage in deep thought while wringing his hands and talking to himself. He preferred clothes that were just adequate and food that was simple. He was, by God, like one of us. When we visited him he would draw us close to him, and if we asked him for help he would respond willingly. In spite of our closeness to each other we would hesitate to speak to him out of awe and reverence. He had a generous smile, dazzling like a string of pearls. He respected the pious and loved the poor. The strong would not find in him encouragement for any excesses and the weak would not despair of his justice. I bear witness by God that on many occasions in the middle of the night I saw him swaying from side to side in his mihraab (prayer niche) holding his beard, in a disturbed and restless state, and weeping like a bereaved person. Even now, it is as if I hear him saying: `Our Lord and Sustainer! Our Lord and Sustainer!' while beseeching Him. And to the life of this world he says: `Do you display yourself to me? Do you look out expectantly for me? Vanish from my sight. Entice someone other than me. I have relinquished you irrevocably. Your life-span is short, your company is wretched, and your temptation is easy to fall into. Ah! Ah! How little is the provision, how far away is the destination, and how desolate is the way . . .'

In spite of himself, the tears trickled down Mu`aawiyah's beard as he heard this account. As he wiped his beard with the palm of his hand, those who were present also wept bitterly. Mu`aawiyah remarked: "Such was Aboo al Hasan, may God have mercy on him. Tell us of your grief for him, O Diraar." "My grief (for `Alee) is like the grief of a mother whose only child is slain on her lap. Her tears will never dry up and her grief will never subside." Saying this, Diraar stood up and departed. [ Al Hilyah, 1/84.]

Ethics in the Pursuit of Truth

From our treatment of controversial issues, we note that selfish desires did not motivate any of the Companions; the pursuit of truth was the distinguishing factor in the differences which arose. In the period after the Prophet's death and the end of revelation, the following norms guided the Companions:

1. They strenuously strove to avoid differences as far as possible.

2. When differences of opinion were inevitable owing, for example, to evidence being available to some and not to others or to differences in the understanding of a text or an expression, they would remain firmly within the bounds of what is allowed in striving to reach the truth. They would admit their errors without any bitterness or embarrassment while always having a tremendous respect for people of virtue, knowledge, and understand ing. No one would overestimate himself or disparage the ability or the rights of his brother Muslim. The search for truth and for the correct judgment was their mutual endeavor, and they willingly accepted the truth from whichever quarter it came.

3. They regarded the brotherhood of Islam as one of the most important principles of the religion, and without which it would be impossible to establish Islam. This brotherhood transcended differences of opinion or compromise on questions which were open to varying interpretations.

4. Matters relating to the tenets of Islamic belief were not the subject of disputation. Differences of opinion were therefore confined to subsidiary matters.

5. Prior to the khilaafah of `Uthmaan ibn `Affaan, may God be pleased with him, most of the Companions resided in Madinah and a few in Makkah. They rarely left their homes except for jihaad and such purposes. In this way, they were able to meet frequently, consult one another and reach consensus on many matters.

6. The reciters of the Qur'aan and the fuqahaa' were prominent and had a high standing in society. They were treated in a manner similar to the leaders of the state. Each was given due recognition in his own special field. They were all aware of the juristic standpoint of others and were clear about each other's methods of deduction to the extent that there existed a certain implicit understanding and agreement among them.

7. They regarded corrections of one another's judgments as a form of assistance which a person extended to his brother in faith. Such correction was not seen as exposing a fault or as a form of censure.