Surah Al-Hujurat 49:1-10 - Quran Translation Commentary

(49:2) O you who have believed, raise not your voices above the Prophet’s voice, nor speak aloud to him in talk,³ like the loudness of some of you to others⁴ – lest your deeds collapse while you perceive not.⁵

(49:3) Verily those who lower their voices in the presence of the Messenger of Allah⁶ are the ones whose hearts Allah has tested for piety.⁷ For them is forgiveness and a mighty reward.

(49:4) Surely those who shout out for you from without the apartments,⁸ most of them do not understand.⁹

(49:5) Had they observed patience until you came out to them,¹⁰ it would have been better for them.¹¹ And Allah is All-forgiving, All-kind.

(49:6) O you who have believed, if there comes to you an ungodly (person)¹² with a piece of news, then investigate,¹³ lest you afflict a people unwittingly and then become, about what you did, remorseful.¹⁴

(49:7) And be mindful that you have Allah’s Messenger amongst you. If he were to obey you in much of the affairs, you would surely suffer,¹⁵ but Allah has endeared to you the Faith,¹⁶ decking it fair in your hearts, and has made detestable to you unbelief, ungodliness and disobedience¹⁷: they indeed, they are the rightly guided.¹⁸

(49:8) A favor from Allah and a bounty.¹⁹ And Allah is All-knowing, All-wise.

(49:9) And if two factions of the believers fight (among themselves), then make peace between them. Thereafter, if one of them rebels against the other,²⁰ then fight the faction that rebels until it reverts to the ordinance of Allah.²¹ But if it reverts, then make peace between the two equitably.²² And be just, surely Allah loves the just.²³

(49:10) The believers are but brothers,²⁴ so make peace between your two (factional) brothers.²⁵ And fear Allah haply that you may be shown mercy.

Commentary

2. The statement is: “Do not put forward.” But what is it that one may not put forward? The object is missing. It has been answered that if it has been kept open, it is to include everything, so that, one should not place one’s own interests before that of Allah and His Messenger, or one’s opinions, or interests, or anything else. In short, Allah and His Messenger should come first (Alusi and others).

Ibn `Abbas said in explanation, “Do not say anything against the Qur’an and the Sunnah.” Another opinion coming from Ibn `Abbas is that the Muslims were ordered not to speak when the Prophet (saws) was speaking. It also means to say, do not give preference to your opinion where Allah’s or His Messenger’s has been sounded. Qatadah said that (some of the Companions) used to say, “only if such and such commandment could be sent down ..” So Allah (swt) revealed this verse (Ibn Jarir, Qurtubi, Ibn Kathir, Alusi).

Hasan said that on the occasion of an `Eid, some people slaughtered their sacrificial animal before the Prophet (saws) could do. The Prophet ordered them a repeat (Ibn Jarir, Kashshaf, Qurtubi).

Thus, a general rule has been promulgated here: where there is an injunction from the Qur’an or Sunnah, there is no room for personal opinion.

Asad sums up: “This has both literal and a figurative meaning: literal in the case of the Prophet’s Companions, and figurative for them as well as for believers of later times – implying that one’s personal opinions and predilections must not be allowed to overrule the clear-cut legal ordinances and/or moral stipulations promulgated by the Prophet.”

Yusuf Ali sums up: “Several shades of meaning are implied: (1) do not make yourselves conspicuous in word or deed when in the presence of Allah (e.g. in a Mosque, or at Prayers or religious assemblies): (2) do not anticipate in word or deed what your Leader (Allah’s Messenger) may say or do; (3) do not be impatient, trying to hasten things before the time is ripe, of which the best Judge is Allah, Who speaks through His Messenger. Be reverent in all things, as in the presence of Allah: for He hears and sees all things. (4) Look to the Qur’an and the Sunnah of the Prophet (saws) (peace be on him) for guidance and let nothing else take precedence of them.”

The following may be quoted to elucidate the issue:

It was reported by some of the companions of Mu`adh in Hims that when the Prophet was sending Mu`adh b. Jabal to Yemen he asked him, “How will you judge when you encounter an affair?” He answered, “I shall judge by Allah’s Book.” He asked, “But if you did not find it in Allah’s Book?” He replied, “Then by the Sunnah of Allah’s Messenger.” The Prophet then asked, “But what if you did not find it in the Sunnah of Allah’s Messenger, nor in Allah’s Book?” He answered, “Then I shall work out my personal opinion, without caring (for the people’s criticism).” The Prophet struck him on his chest and said, “Praise to Allah that He inspired the messenger of the Messenger of Allah with what has the approval of Allah’s Messenger” (Ibn Kathir, Sayyid).

The report is considered weak because of the unknown first narrator, but because of the implied support from the Qur’an, it has been accepted as a working principle by the Fuqaha’ (Au.).

The Companions received the message well enough. None of them offered his personal opinion to the Prophet in matters related to religion. None of them suggested anything unless the Prophet himself inquired; to the extent that even when they knew the answer, they would yet say that Allah and His Messenger knew better. We have a good example of this in the reports of the Prophet’s speech at the farewell pilgrimage. He asked the audience, “What month is this?” Now, everyone knew what month it was. But they answered, “Allah and His Messenger know better.” They did that because they thought he would give the month a new name. He went on asking questions, but, despite knowing the answers, they kept on saying, “Allah and His Messenger know better.” This was their reverence, the true face of piety (Sayyid, slightly reworded).

3. That is, do not shout out saying, “O Muhammad, O Muhammad,” or, “O Prophet of Allah, O Prophet of Allah,” or, “O Messenger of Allah, O Messenger of Allah” (Ibn Jarir).

It seems several events took place that could be connected to the revelation of this passage. (Bukhari for instance has the following: Qurtubi),

Ibn Abi Mulaykah says that the two good men Abu Bakr and `Umar were almost destroyed when they raised their voices in the presence of the Prophet at the time the Ban Tam im delegation arrived. One of them suggested Al-Aqra` b. H abis of Banu Muj ashe` as suitable for leadership, while the other suggested another man – N afe` said he could not remember his name. Abu Bakr told `Umar, ‘It seems you mean nothing but to oppose me.’ `Umar replied, ‘No, I didn’t mean that at all.’ They both raised their voices and Allah revealed, “Do not raise your voices above the Prophet’s voice..” Ibn Zubayr added that thereafter `Umar spoke to the Prophet in such low tones that he had to ask him to repeat (Ibn Jarir, Sayyid).

In this context there is another report which comes from ibn Shim as, he from his father. He said, “When this ayah was revealed Th abit b. Qays sat down in the street weeping. ` Asim b. `Adiyy happened to pass by and asked him why. Th abit said that perhaps the ayah about not raising voices above that of the Prophet was revealed to warn him, as he was a man of loud voice, and so, a man of the Fire. While ` Asim went to the Prophet, Th abit went home and said to his wife Jam ila, a daughter of `Abd Allah b. Ubayy b. Sallul to close the door of the stable behind him and nail it, which she did. He said he would not come out until the Prophet ordered him released. On the other side ` Asim reported to the Prophet that Thabit thought he was of the Fire. The Prophet told him to fetch him. ` Asim went to the same spot and not finding him there went to his house. There his wife Jam ila told him the story. ` Asim removed the nails and took him to the Prophet. He told him, ‘Are you not satisfied that you should live praised, die as a martyr and enter Paradise?’” Accordingly, reports says he died fighting the apostates in Yam amah (Ibn Jarir, Qurtubi).

A shorter version of this report is in Bukhari, Muslim and others.

Qurtubi adds: When the Muslims met Musaylimah the Liar’s men in battle, initially they faced defeat. Th abit and S alim (the freed slave of Abu Hudayfah) said, “This is not how we used to fight during the Prophet’s life.” Then they dug themselves into a pit and fought on until both were martyred. It was then that the famous incident of Abu Bakr acting upon a dream took place. What happened was that Thabit was wearing an expensive coat of mail. Someone passed by after his martyrdom and took it off. Th abit appeared in another Muslim’s dream and told him to inform Khalid about what had happened. He identified the person and the place where his coat of mail could be found. He also told this person in his dream not to dismiss it as a mere dream but rather to inform Abu Bakr to pay back such and such a loan that he had left behind him by disposing off the coat of mail. Khalid retrieved the coat of mail and Abu Bakr got the “testament after death” executed.

Scholars have said that raising voices near the Prophet’s grave is similar to raising voices in his presence when he was alive (Qurtubi, Ibn Kathir).

Bukhari reports that `Umar ibn al-Khattab heard raised voices of two men in the Prophet’s mosque. He asked them, “Do you realize where you are?” Then he asked them where they were from. They said they were from Ta’if. He said, “If you had been an inhabitant of Madinah, I would have got you whipped” (Ibn Kathir, Sayyid).

4. Asad comments: “While this relates in the first instance to the Prophet (saws), it may also be taken to apply to any supreme leader of the community (amir al-mu’minin) who acts as the Prophet’s successor (khalifah) and rules in his name, i.e., under the aegis of Islamic Law.”

5. (A Muslim needs to be careful about what he utters speaking out only the truth. The dissolution of deeds can take place without a man realizing it).A hadith of Bukhari says,

The Prophet (saws) said, “A man speaks out a word of Allah’s approval without paying much attention to it, but Allah raises his ranks thereby. Conversely, a man speaks out a word of Allah’s disapproval without paying any attention to it but Allah sinks him into Hellfire because of it” (Ibn Kathir).

6. The main point is reverence of the Prophet which scholars deserve after him. It is reported of Ibn `Abbas that he would go to Ubayy’s house for learning the Qur’an, but would not knock at his door; rather wait for him to emerge. When Ubayy asked him why he would not knock, Ibn `Abbas replied that a scholar among his people is like a Prophet was among his Companions (Alusi).

7. The meaning given by Mujahid and Qatadah is that Allah (swt) tried these people and purified their hearts, just like, Ibn Jarir adds, gold and silver are heated on the fire to remove impurities.

8. The textual word “hujrah” is any piece of land that is surrounded by a wall or fence. (It may or may not have an apartment within: Au.). Accordingly, a walled land for keeping camels is also a “hujrah” (Qurtubi, Alusi).

Hujurat al-Nabiyy:

The Prophet (saws) had nine “hujurat” for his nine wives. `Ata al-Khurasani said that the “hujurat” were walled with frond (date-palm branches), and a thick-hair cloth-curtain hung on the doors. Reports in Bukhari’s Adab al-Mufrad, Ibn Abi Dunya and Bayhaqi tell us that the hujurat were also covered from outside with hair-cloth. The distance from the fence door to the door of the apartment was around 6-7 feet. The apartment itself was around 10 feet by 7-8 feet. Hasan said that he used to enter the apartments of the Prophet’s wife during the Khilafah of `Uthman, and could touch the roof. They were all included into the mosque of the Prophet (saws) by the order of Walid b. `Abdul Malik, while the people were weeping. Sa`id b. Musayyib said, “By Allah, it would have been better if they had left the ‘hujurat’ as they were in order to be a lesson for generation after generation of Muslims to impress on them the kind of life their Prophet led.” Abu Umamah Sahl b. Hunayf is also reported to have made the same remarks (Alusi).

Ibn Kathir writes in his “Al-Bidayah wa al-Nihayah”: Walid b. `Abd al-Malik – the Umayyad Khalifah (d. 131 A.H.: Au.) ordered `Umar b. `Abd al-`Aziz to pay the price and demolish the houses of the Prophet’s wives to widen the Prophet’s mosque. He gathered together the ten fuqaha of Madinah and other scholars for consultation. They disagreed with him saying that those were low-roof apartments made from very simple construction materials. So, they may be left as they are to be a lesson for the visitors, who might learn that palatial houses are for Pharaohs .. etc. `Abdul `Aziz wrote back the consensus of the ten fuqaha to Al-Walid but he insisted that they be demolished. So `Abdul `Aziz had no recourse but to demolish them. When the work was begun the Madinans and in particular Banu Hashim began to weep. The general public too wept the way they had wept at the Prophet’s death (Au.).

9. “To shout aloud to your Leader from outside his Apartments shows disrespect both for his person, his time, and his engagements. Only ignorant fools would be guilty of such unseemly behaviour. It is more seemly for them to wait and bide their time until he is free to come out and attend to them. But, with the Messenger of Allah, much is forgiven that is due to lack of knowledge and understanding. In an earthly Court, ignorance of the Law excuseth no man. If a man behaved in that way to the General of an army or the Governor of a Province, not to speak of an earthly King, he would be laid hands on by the Guard, and could never gain the access he desires” (Yusuf Ali).

10. It is widely reported that this verse was revealed in response to an incident involving Al-Aqra` b. Habis of the Tamim tribe. He stood outside the Prophet’s house and began shouting, “O Muhammad, O Muhammad.” (He had a few men with him and the Prophet (saws) was then in his noon siesta: Qurtubi). The Prophet (saws) came out and asked him what the matter was. Al-Aqra` said,

“Muhammad. My praise is good and my curse is evil.” The Prophet (saws) said, “Woe unto you man, that’s Allah,” and this verse was revealed (Ibn Jarir, Qurtubi). That is, that kind of description befits Allah (Au.).

The above report is in Ahmed (Ibn Kathir), but in the opinion of Haythami it is quite likely to be Mursal (S ami). It is also in Tirmidhi who termed it Hasan Gharib (Au.).

11. It is said that the men so shouting impatiently, had gone to the Prophet (saws) to seek release of some of their men taken captive. The Prophet released half of them on ransom and the rest free of cost. But, had they been patient, as the Qur’an said, it would have been better for them, for, the Prophet was likely to have freed all of them without ransom (Qurtubi).

Alusi adds that subsequently the Tamimis and the Muslims gathered together in the mosque where a sort of competition took place between a poet (Zabarq an b. Badr) and an orator (`Utarid b. Hajib) from their side, while a poet (Hass an b. Th abit) and an orator (Th abit b. Qays) represented the Prophet’s side. When it concluded their chieftain Aqra` b. H abis admitted that the Muslim poet and orator had defeated their poet and orator, and, in consequence, he and his tribal representatives embraced Islam.

12. The textual word is “fasiq” which has been understood here as “liar.” That was the opinion of Ibn Zayd, Muq atil and Sahl b. `Abdullah. Abul Hasan al-Warr aq defined “fasiq” as someone who commits sins openly while Ibn T ahir thought that it is someone who is not mindful of Allah (and hence not ashamed of himself: Au.) – Qurtubi. R aghib has said that “fisq” can involve minor as well as major sins and hence there are grades of “fisq”, “kufr” being at its extreme end” (Alusi).

13. Two verses later, the question of how to deal with warring Muslim factions is dealt with. At this point Allah impresses on us that most troubles start because of rumors. Hence this present verse (Shabbir, reworded).

14. The following is reported as the context of revelation. The Prophet (saws) sent Wal id b. `Uqbah b. Abi Mu`ayt to Banu Mustaliq for collection of zakah. He went up to them but when they came out to receive him, almost in joy, he thought that they were going to attack him and so retreated hastily. (It is said that his tribe and Banu Mustaliq had some quarrels between them before Islam: Au.). Wal id returned to the Prophet (saws) and told him that they seem to have become apostates, had refused zakah, and had tried to kill him. On the other side Banu Mustaliq feared that there was something wrong in the man’s hasty retreat and sent a delegate on his heels. The Prophet (saws) asked them whether they had become apostates. They denied and explained what had happened, and Allah (swt) revealed this verse (Ibn Jarir, Qurtubi).

Mujahid and Qatadah add (as in Ibn Jarir: Au.) that the Prophet (saws) had actually sent Khalid ibn Wal id after Wal id b. `Uqbah’s return who reported back that he had witnessed their adhan and salah (Ibn Kathir).

The report about Wal id is in Ahmed (Ibn Kathir). The narrative is in Tabarani while the narrators of Ahmed are trustworthy (Haythami). It was this Wal id, writes Zamakhshari, who when appointed as governor of Kufa, led in Fajr Prayers and did four raka`ah. Then he turned to the congregation and asked, “Shall I do more for you?” He was drunk and `Uthman removed him from the governorship.

There are one or two other unpleasant stories about him, but some scholars have contended the reports, and since his name has not appeared in the Qur’an, nor in the hadith in deprecatory terms, Thanwi points out that it is not allowable to think of Wal id as a fasiq (Au.).

The ayah tells us by implication, Razi, Qurtubi and Alusi write, that a single person’s report (khabr al-wahid) is enough for acceptance of the news or a piece of information so long as he is not a fasiq (This establishes the strength of akhbar al-ahad of the hadith literature: Au.).

15. As Allah said elsewhere (23: 71),

“If the Truth were to follow their vain desires, surely the heavens and the earth and all there are within them would be corrupted” (Ibn Kathir, Shabbir).

Qatadah is reported to have recited this verse and said, “Look, it were none but the Companions of the Prophet (saws); yet Allah (swt) said that if the Messenger followed their opinions they would be put to difficulties. As for you, By Allah, you are worse than them in opinion, and less intelligent than them. Therefore, consult Allah’s Book for it is the only trustworthy source (Ibn Jarir, shortened).

16. Hence the Prophetic statement,

i.e., “He who is delighted with his good deeds and is distressed by his evil deeds is a believer.” (The report is in Tirmidhi who rated it Hasan Sahih Gharib (Au.).

17. The disobedience here is in particular reference to the disobedience of the Prophet (Ibn Jarir).

18. “Fortunate indeed was the generation among whom the Prophet of Allah walked in his daily life. His example was inspiring. Their inner Faith was dear to them; it was a thing to be proud of in their innermost hearts; and they loved discipline, obedience, and righteousness. No wonder all their other disadvantages were neutralised, and they went from strength to strength. Nothing but the Grace of Allah could have brought about such a result” (Yusuf Ali).

It is reported by Imam Ahmed and Nas a’i, (in his Al-Kabir) that after the pagans had withdrawn on the day of Uhud (another version says, the day of Hudaybiyyah: S ami), the Prophet (saws) said, “Line up so that I may praise my Lord.” So they fell in rows behind him and he made the following supplication,

“O Allah, all praise belongs to You. O Allah there is no withholder of what You extend, nor an extender of what You withhold; no guide to him whom You sent astray and no one to send astray him whom You guided; no bestower of what You deny and no denier of what You bestow; no one to bring nearer what You send away and no one to send away what You draw close. O Allah, extend to us Your blessings, mercy, grace and provision. O Allah I ask You the lasting delight: those that do not shift, nor move away. O Allah, I ask You for blessings on a day of want, peace on a day of fear. O Allah, I seek Your protection against what you have bestowed on us and the evil of what you have denied. O Allah, endear the Faith to us, deck it fair in our hearts and make unbelief, impiety and disobedience detestable to us and make us of the rightly guided. O Allah, allow us die as Muslims, live as Muslims, and join us with the righteous ones: dishonored, and untried. O Allah, fight the unbelievers: those who cry lies to Your Messengers and prevent from Your path, and, place upon them Your abomination and Your torment. O Allah, fight the unbelievers from among those who were given the Book .. O the True God” (Ibn Kathir).

19. If it is asked: this endearing of the faith, the detestation of unbelief, ungodliness and disobedience .. how did this all happen? The answer is: this is a favor from Allah and His bounty (Ibn Jarir).

20. What does rebellion against the other faction constitute? Ibn Jarir says it consists in refusing to accept the judgment by the Book while the other faction accepts it.

And Ibn `Abbas has said that if the mainstream believers are to fight a rebelling party, it can only be done under the leadership of the Imam (the man heading the Muslim government) – Ibn Jarir.

It might also be noted that despite two Muslim factions coming to armed conflict with each other, Allah (swt) referred to them as believers, as against the Khaw arij for instance, who believed that a sinner involved in major sins is out of the boundary of Islam. This is confirmed by a hadith also. Once the Prophet (saws) addressed from the pulpit while Hasan b. `Ali (a child) was with him. He pointed to Hasan and said,

“This my son is a true leader. Perhaps Allah will make peace between two huge Muslim factions through him” (Ibn Kathir). The report is in Bukhari and the point is, despite the two factions, Iraqis and Syrians, who had earlier met in the battlefields several times, the Prophet (saws) referred to them as Muslims in his prediction (Au.).

21. (This interference indeed is a religious duty: Au.). The Prophet (saws) has said,

“Help your brother, whether an oppressor or oppressed.” A man inquired, “Messenger of Allah, I could help him if he was oppressed. But what do you say if he happens to be the oppressor? How could I help him?” He answered, “Restrain him, or prevent him from oppression. That would be helping him” (Ibn Kathir).

22. Although several minor incidents took place, the major event to which the reference seems to be is as follows: Someone suggested to the Prophet (saws) that he should visit `Abdullah b. Ubayy. (This was previous to the battle of Badr: Au.). He started off (on a donkey, with a group of believers on foot: Qurtubi). As he approached him he found him sitting with a group of people (from Aws, Khazraj and Jews: Au.), Ibn Ubayy remarked, “Keep a distance from me. Your donkey’s smell is offensive.” (According to another report: “Don’t blow dust into our faces”: Au.). At that one of the Ansar said, “By Allah, the smell of the Prophet’s donkey is better than your smell.” That angered some of Ibn Ubayy’s friends and they got divided into two groups (according to some reports, into Awsis and Khazrajis: Au.). Heated words led to blows and slippers into the hands. (The Prophet) prevented further violence by cooling down the several factions and left: Au.). Allah (swt) revealed this verse. It was of course a fight without arms (Ibn Jarir, Qurtubi, Ibn Kathir).

Muslim has a longer version containing other details (Au.).

A few rules that are applicable to the situations where the mainstream Muslims fight a rebellious faction are as follows: No prisoners are to be taken from either side, women are not captured, booty cannot be seized, those fleeing cannot be chased, neither blood wit nor retaliation can be demanded (because the aim of the war is not to annihilate the other party, but to bring it back to the mainstream: Sayyid). It is also agreed by consensus that the battles between the Companions (Jamal, Siffin or others), were either accidental, or results of ijtihad. Therefore, criticism of either those who participated, or of those who refused to participate, is disallowed. Muslims cannot hold any grudge against any of the Companions because of the role he played in one of the battles between themselves because, although Talha and Zubayr were on the side opposing `Ali, the Prophet (saws) had said about Talha that he is one of the inhabitants of Paradise. Similarly, `Ali said about the murderer of Zubayr that he was in the Fire. One of the scholars of the past generation was asked to give his opinion about the battles that the Companions fought between themselves. He replied, “My hands are free of their blood, why should I color my tongue with it?” When Hasan al-Busri was asked, he said, “The Companions of Muhammad were present, while we were absent, they knew while we are ignorant; when they arrive at a consensus, we follow them; and when they differ, we desist” (Qurtubi).

Another incident is reported in this context. It seems there was an Ansari called `Imran with a wife called Umm Zayd. She wished to visit her folks but he prevented her by locking her in an upper chamber. She sent word to her folks. They brought her down to take her with them. The husband showed up and sought the help of his own folks. The two groups came to blows and this verse was revealed. The Prophet (saws) made peace between them and the two agreed to accept Allah’s judgment (Ibn Jarir, Qurtubi, Ibn Kathir).

Yusuf Ali comments: “Individual quarrels are easier to compose than group quarrels, or, in the modern world, national quarrels. But the collective community of Islam should be supreme over groups or nations. It would be expected to act justly and try to compose the quarrel, for peace is better than fighting. But if one party is determined to be the aggressor, the whole force of the community is brought to bear on it. The essential condition of course is that there should be perfect fairness and justice and respect for the highest principles; for Islam takes account of every just and legitimate interest without separating spiritual from temporal matters. The League of Nations failed because these essentials were absent and today the United Nations fails for the same reason.” (They make peace, but - being dishonest - without justice, and so the quarrels linger on: Au.).

Although in practice the issue can be quite complicated, the following fiqh points may help understand a few situations:

Ahl al-Hall wa al-`Aqd

There can be no rebellion against an Islamic government established by consensus of the “ahl al-hull wa al-`aqd” (the releasing and binding authorities).

The “ahl al-hull wa al-`aqd” nominate the head of the state: the “amir al-mu’minin.” The qualifications are: he should be a Muslim, knowledgeable of state affairs, sagacious, a man of courage and character, and loyal to the Ummah. (Although desirable, he need not be a scholar, nor pious; enough if he is not a fasiq).

Anyone who nominates himself, or is desirable of the post is disqualified by default unless nominated by the “ahl al-hull wa al-`aqd” (whatever his sentiments vis a vis the post).

The “ahl al-hull wa al-`aqd” have the authority to remove the head of state and replace, by consensus, whenever they feel things are going awry. No one else nor any Body can remove a head of state, except those who have the appointing authority.

Removal of the “amirul mu’minin” does not necessarily mean dismissal of ministers and high officials. The state keeps functioning and the transition is smooth: only the top position undergoes replacement, (just like a multinational corporate business, which changes its CEO without disturbing any sector of the company).

He in turn forms a “Shoura” (Advisory Council) to help him appoint officials to run the affairs (but in practice to fill in new posts, or remove a few erring ones hear and there).

The Shoura may include such members of the “ahl al-hull wa al-`aqd” who are ready to devote their time, whether on voluntary basis or at cost, to help the “amir al-mu’minin” in the affairs of the state: creating departments, department heads, replacement of some, and so on whenever the need arises. In other words, the head of state has the authority to make his own choice on the basis of personal knowledge and that of the advisory council, where the posts involve national interests.

Since the governing authorities in Islam do no more than implement the directives of the Qur’an and Sunnah, every department acts more or less autonomously, so long as instructions contrary to the practice do not arrive from the top, i.e., from the “amir” (and not from the Shoura whose range of power does not go downwards, but only acts upwards).

The “ahl al-hull wa al-`aqd” are Muslim leaders of the community and include: prominent scholars, tribal chiefs, social leaders, wealthy merchants, high-ranking officials, think-tanks, and other influential persons, but not artists, sportsmen and their like. They must necessary be “`adl” that is, endowed with moral and religious uprightness, honesty and trustworthiness. Their job is to appoint an “amir” and help him in state affairs, when requested, but not to run the state. No one but the “amir” reports to them. In short, the Shoura is the Advisory Council and not the Governing Council.

The “ahl al-hull wa al-`aqd” (the Advisory body) need not necessarily consist of such individuals alone as described above, but may be comprised of those who take active interest in community affairs, although the doors are open for anyone who qualifies.

The “ahl al-hull wa al-`aqd” cannot be elected by popular vote. They are the people who are there in the community, as a matter of fact and existence; such individuals who play their prominent role whether recognized by the common public or not.

It is also not necessary, though desirable, that every leading personality of the far-flung Islamic state should be consulted. If the local members of the “ahl al-hull wa al-`aqd” should choose someone, the choice is binding on all, unless there is protest, disagreement, and rejection by members of this class from other quarters of the state; in which case the body of the “ahl al-hull wa al-`aqd” will have to be expanded to include all who qualify and are desirable of participation.

The modern democratic system of election by popular vote does not meet with the Islamic requirement of nomination by the “ahl al-hull wa ahl al-`aqd” although its legality is established by another route as a tolerated evil. (It is another thing that it is not adequate. Democracy today is the elitist means of robbing a country’s resources. Like any other crime, Islam has no solution for political crimes).

No rebellion is allowable against an Islamic government that is established by the above process. Obedience is binding on all. Bay`ah (oath of allegiance) of the amir by the common folk or the elite, is not an absolute necessity (Au.).

23. Muslim has a hadith on the topic of justice. The Prophet (saws) said,

“Surely, those who render justice will be on rostrums of Light, near Allah, on the right side of the Compassionate, the Most honored, the Exalted - and both His hands are right; those who are just when they judge while dealing with their homefolk, and while dealing with what they are given charge of” (Ibn Kathir).

24. The tie of brotherhood in Islam is stronger than the tie of brotherhood by lineage. This is because brotherhood by lineage is broken if religions are different while brotherhood of Islam remains even if the tie of lineage is broken.

This was further emphasized by the Prophet (saws). He said, as in a tradition preserved by Muslim:

The Prophet (saws) said, “Do not envy each other, do not help raise prices up, do not carry ill will for each other, do not boycott each other, and let not some of you bid over (a commodity) already traded off to another; but rather, be Allah’s slaves, brothers unto each other. A Muslim is a brother of another Muslim. He does not wrong him, does not humiliate him, and does not look down upon him. Piety is here – pointing to his chest, three times. It is enough of evil for a man that he should look down upon his brother Muslim. Everything of a Muslim is unlawful unto another Muslim: whether it is his blood, property or honor” (Qurtubi).

Ibn Kathir adds the following:

“A Muslim is a brother of another Muslim. He does not wrong him nor forsake him.”

Another report says,

“Allah is in the aid of a slave so long as he is in the aid of his brother.” A third report says,

“Whoever supplicated for his brother in his absence, has the guardian angel say, ‘Amin! And may you have similar (to it).’”

But of course, ahadith on this topic are pretty many. We have presented here a few as a sample (Ibn Kathir).

The above three ahadith are from Muslim’s collection (Au.).

25. Yet another proof that factional Muslims fighting each other remain Muslims is in the following. `Ali was asked about those who fought against him, “Were they polytheists?” He replied, “No. It is polytheism from which they had fled.” It was asked, “Were they hypocrites?” He answered, “No, because hypocrites do not remember Allah but little.” He was asked, “Then, how are they to be identified?” He answered, “Our brothers who rebelled against us” (Qurtubi).