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'''Ḥakamīyya''' (Arabic: التَحکیم) or '''The Arbitration''' points out to a historical event concerning the [[Battle of Siffin]]. In this event, a person was elected as the representative of the army of [[Kufa]] and another as that of the army of [[Sham]], and everyone agreed to comply with what they agree on in accordance with the [[Qur'an]]. The hakamiyya, or the arbitration, was proposed as a solution for disputes between the two parties after a cunning by [['Amr b. 'As]] and [[Mu'awiya b. Abi Sufyan|Mu'awiyya]] following an imminent defeat of the army of [[Sham]]. [[Imam Ali (a)]] resisted the suggestion of hakamiyya from the beginning. Since 'Amr b. 'As—the "hakam" or arbiter of Sham—managed to deceive [[Abu Musa al-Ash'ari]]—the arbiter of [[Kufa]]—by announcing Mu'awiyya as the [[caliph]] although they had agreed on a different verdict, the story of hakamiyya failed to solve the dispute, and it only managed to save the army of Sham from its imminent defeat.
'''Al-Tahkim''' (Arabic: التَحکیم) or The '''Arbitration''' points out to a historical event concerning the [[Battle of Siffin]]. In this event, a person was elected as the representative of the army of [[Kufa]] and another as that of the army of [[al-Sham]], and everyone agreed to comply with what they agree on in accordance with the [[Qur'an]]. The arbitration, was proposed as a solution for disputes between the two parties after a cunning by [['Amr b. al-'As]] and [[Mu'awiya b. Abi Sufyan]] following an imminent defeat of the army of al-Sham. [[Imam Ali (a)]] resisted the suggestion of arbitration from the beginning. Since 'Amr b. al-'As—the "Hakam" or arbitrator of al-Sham—managed to deceive [[Abu Musa al-Ash'ari]]—the arbitrator of [[Kufa]]—by announcing Mu'awiyya as the [[caliph]] although they had agreed on a different verdict, the arbitration failed to solve the dispute, and it only managed to save the army of al-Sham from its imminent defeat.


==The story==
==Story==
When the army of Kufa under the commandership of [[Imam 'Ali (a)]] and that of Sham under the commandership of [[Mu'awiya]] fought for successive days, the army of Kufa was about to defeat that of Sham. [['Amr b. 'As]] resorted to a cunning that led to the idea of hakamiyya or arbitration. He told Mu'awiya to give volumes of the [[Quran]] to his soldiers so that they put the Qurans on their spears, asking for a ceasefire and the arbitration of the Quran between the two disputing parties. Despite Imam 'Ali (a)'s resistence and due to the pressure by some of his companions, the army of Kufa accepted hakamiyya; they agreed that a representative from the army of Sham and a representative from the army of Iraq negotiate and arbitrate on the dispute on the basis of the Quran.
{{see also|Battle of Siffin}}


People of Sham elected 'Amr b. 'As as their representative and arbiter. [[Ash'ath]] and some others, who later came to be called [[Mariqun]], suggested [[Abu Musa al-Ash'ari]] as the arbiter from Kufa. But Imam 'Ali (a) suggested [[Ibn 'Abbas]] or [[Malik al-Ashtar]]. Imam 'Ali (a)'s suggestions were opposed by Ash'ath and his friends; they refused Malik al-Ashtar on the grounds that he is pro-war, and they rejected Ibn 'Abbas on the grounds that 'Abr b. 'As is from the [[Mudari]] tribes so his interlocutor should be Yemeni.
When the army of Kufa under the commandership of [[Imam 'Ali (a)]] and that of al-Sham under the commandership of [[Mu'awiya]] fought for successive days, the army of Kufa was about to defeat that of al-Sham. [['Amr b. al-'As]] resorted to a cunning that led to the idea of arbitration. He told Mu'awiya to give volumes of the [[Quran]] to his soldiers so that they put the Qurans on their spears, asking for a ceasefire and the arbitration of the Quran between the two disputing parties. Despite Imam 'Ali (a)'s resistance, due to the pressure by some of his companions, the army of Kufa accepted arbitration; they agreed that a representative from the army of al-Sham and a representative from the army of [[Iraq]] negotiate and arbitrate on the dispute on the basis of the Quran.


Moreover, the date of the hakamiyya was postponed to the end of the [[Ramadan]] month (8 months after the battle). The negotiations were planned to be held in [[Dumat al-Jandal]].
People of Sham elected 'Amr b. al-'As as their representative and arbitrator. [[Ash'ath b. Qays]] and some others, who later came to be called [[Mariqun]], suggested [[Abu Musa al-Ash'ari]] as the arbitrator from Kufa. But Imam 'Ali (a) suggested [['Abd Allah b. 'Abbas]] or [[Malik al-Ashtar]]. Imam 'Ali (a)'s suggestions were opposed by Ash'ath and his friends; they refused Malik al-Ashtar on the grounds that he is pro-war, and they rejected Ibn 'Abbas on the grounds that 'Amr b. al-'As is from the [[Mudari]] tribes so his interlocutor should be Yemeni.


==The contents of the hakamiyya==
Moreover, the date of the arbitration was postponed to the end of the [[Ramadan]] month (8 months after the battle). The negotiations were planned to be held in [[Dumat al-Jandal]].
 
==Terms==
* Both parties should consent to the arbitration on the basis of the Quran with respect to the disputed matters.
* Both parties should consent to the arbitration on the basis of the Quran with respect to the disputed matters.
 
* 'Ali and his followers elected Abu Musa al-Ash'ari as their arbitrator, and Mu'awiya and his followers elected 'Amr b. al-'As as their arbitrator.
* Imam 'Ali (a) and his followers elected Abu Musa al-Ash'ari as their arbiter, and Mu'awiya and his followers elected 'Amr b. 'As as their arbiter.
 
* If the Quran cannot be appealed to solve some disputed matters, then [[the Prophet (s)]]'s Tradition and practice should be consulted.
* If the Quran cannot be appealed to solve some disputed matters, then [[the Prophet (s)]]'s Tradition and practice should be consulted.
 
* The arbitrators should not worsen the disputes and should not follow their whims.
* The arbiters should not worsen the disputes and should not follow their whims.
* The lives, properties and families of both arbitrators are respected so long as they do not trespass the boundaries of truth.
 
* If one of the arbitrators dies before the arbitration, then his affiliated group should elect a righteous arbitrator in his place.
* The lives, properties and families of both arbiters are respected so long as they do not trespass the boundaries of truth.
 
* If one of the arbiters dies before the arbitration, then his affiliated group should elect a righteous arbiter in his place.
 
* If one of the leaders dies before the arbitration, his followers can elect another person in his place.
* If one of the leaders dies before the arbitration, his followers can elect another person in his place.
 
* If the arbitrators do not perform their duties, they will be averted by the people.
* If the arbiters do not perform their duties, they will be averted by the people.
 
* When the writing of the arbitration treaty is in progress, people's lives, properties and families are protected.
* When the writing of the arbitration treaty is in progress, people's lives, properties and families are protected.
* During the ceasefire, no weapons should be used and roads should be kept safe; this applies alike both to those who were present at the event and those who were absent.
* During the ceasefire, no weapons should be used and roads should be kept safe; this applies alike both to those who were present at the event and those who were absent.
* Each arbitrator has to reside somewhere between Iraq and Sham, and no one should be there except those they want.
* If both arbitrators fail to give verdicts on the basis of the [[Quran]] and the Tradition, then Muslims will have the right to continue to fight, and all their mutual commitments will be abolished.


* Each arbiter has to reside somewhere between Iraq and Sham, and no one should be there except those they want.
==Imam 'Ali (a)'s attempts and advices==
Imam 'Ali (a) sent 400 people with [[Abu Musa al-Ash'ari]] under the commandership of [[Shurayh b. Hani]]; he also sent [['Abd Allah b. 'Abbas]] as the leader of their congregational prayers. Moreover, he gave a great deal of advice to Abu Musa, informing him of Mu'awiya's evil character.


* If both arbiters fail to give verdicts on the basis of the [[Quran]] and the Tradition, then Muslims will have the right to continue to fight, and all their mutual commitments will be abolished.
==Result==
Abu Musa al-Ash'ari's negotiations led to the arbitration that both rulers, Mu'awiya and 'Ali (a), should be dismissed from power. 'Amr b. al-'As pretended that he accepted the arbitration. However, in order to execute his trick, he asked Abu Musa to announce the arbitration ahead of him. 'Abd Allah b. 'Abbas made a lot of efforts to make 'Amr b. al-'As announce the arbitration sooner than Abu Musa al-Ash'ari, but Abu Musa did not take Ibn 'Abbas's warnings seriously, telling him that he and 'Amr b al-'As had made an agreement, and there would be no problem.


==Imam 'Ali (a)'s attempts and advice==
Abu Musa went on [[Minbar]] and said: "O people! In order for Muslims to live in peace and unity, 'Amr b. al-'As and I have agreed to dismiss Mu'awiya and 'Ali from [[caliphate]] so that Muslims can elect a council for selecting the next [[caliph]]. So as a representative of people in [[Hijaz]] and [[Iraq]], I hereby dismiss 'Ali from caliphate, just as I take out this ring from my finger". Then 'Amr b. al-'As went on minbar and said: "you heard what Abu Musa said. He had the right to dismiss 'Ali and he did it. I agree with him on that. But as I put this ring on my finger, I assign the caliphate to Mu'awiya. For he deserves this position, and he has to avenge [['Uthman]]'s murder.
Imam 'Ali (a) sent 400 people with Abu Musa al-Ash'ari under the commandership of [[Shurayh b. Hani]]; he also sent [['Abdullah b. 'Abbas]] as the leader of their congregational prayers. Moreover, he gave a great deal of advice to Abu Musa, informing him of Mu'awiya's evil character.


==The result of hakamiyya==
The meeting turned into a turmoil. Abu Musa was strongly upset by 'Amr b. al-'As's cunning and told him: "you have deceived, and you are vice. You are like a dog that barks if hit and barks if left alone". 'Amr b. al-'As replied: "and you are like a donkey that carries books".
Abu Musa al-Ash'ari's negotiations led to the arbitration that both rulers, Mu'awiya and 'Ali (a), should be dismissed from power. 'Amr b. 'As pretended that he accepted the arbitration. However, in order to execute his trick, he asked Abu Musa to announce the arbitration ahead of him. Ibn 'Abbas made a lot of efforts to make 'Amr b. 'As announce the arbitration sooner than Abu Musa, but Abu Musa did not take Ibn 'Abbas's warnings seriously, telling him that he and 'Amr b 'As had made an agreement, and there would be no problem.


Abu Musa went on [[minbar]] and said: "O people! In order for Muslims to live in peace and unity, 'Amr b. 'As and I have agreed to dismiss Mu'awiya and 'Ali from [[caliphate]] so that Muslims can elect a council for selecting the next [[caliph]]. So as a representative of people in [[Hijaz]] and [[Iraq]], I hereby dismiss 'Ali from caliphate, just as I take out this ring from my finger". Then 'Amr b. 'As went on minbar and said: "you heard what Abu Musa said. He had the right to dismiss 'Ali and he did it. I agree with him on that. But as I put this ring on my finger, I assign the caliphate to Mu'awiya. For he deserves this position, and he has to avenge [['Uthman]]'s murder.
Thus the arbitration was not based on the Quran and the Prophet (s)'s Tradition. Instead of making peace, it gave rise to more hostility between Iraq and al-Sham. And its most important upshot for people of al-Sham was that they gave Mu'awiya the title of [[Amir al-Mu'minin]] since then.


The meeting turned into a turmoil. Abu Musa was strongly upset by 'Amr b. 'As's cunning and told him: "you have deceived, and you are vice. You are like a dog that barks if hit and barks if left alone". 'Amr b. 'As replied: "and you are like a donkey that carries books".
==See Also==
* [[Battle of Siffin]]
* [[Khawarij]]


Thus the hakamiyya was not based on the Quran and the Prophet (s)'s Tradition. Instead of making peace, it gave rise to more hostility between Iraq and Sham. And its most important upshot for people of Sham was that they gave Mu'awiya the title of [[Amir al-Mu'minin]] since then.
==External Links==
* The material for this article is mainly taken from [http://fa.wikishia.net/view/%D8%AD%DA%A9%D9%85%DB%8C%D8%AA حکمیت] in Farsi Wikishia.


[[fa:حکمیت]]
[[fa:حکمیت]]
[[ar: التحكيم]]
[[ar: التحكيم]]
[[Category:Imam Ali (a)]]
[[Category:History of Islam]]
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