Freedom of Speech in the Era of 5 Rightful Caliphs
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Freedom of speech, what does freedom of speech means? In short, it means that anyone can criticize anyone and mainly the public office holder. What is being said should be true as well, not spreading false news or propaganda or slanders. This article would focus mainly on whether a person can criticize the rulers or not according to Shariah and I will focus on the examples of the first five (fifth being Hasan A.S) rightful Caliphs because after that the freedom of speech was taken away. I will give few examples and will leave it up to you to decide.
Narrated `Umar bin Al-Khattab:
People were (sometimes) judged by the revealing of a Divine Inspiration during the lifetime of Allah's Apostle but now there is no longer anymore (new revelation). Now we judge you by the deeds you practice publicly, so we will trust and favor the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, for Allah will judge him for that; but we will not trust or believe the one who presents to us with an evil deed even if he claims that his intentions were good.
Second Khalifa, Umar bin Khattab (Farooq) R.A
The Khalifa who is considered the strictest is the second, Umar bin Khattab R.A. Did anyone criticize his policies? did anyone corrected him and told him what is right according to Quran and Sunnah. Let's see, first and this is the most common example; Umar R.A as a Khalifa put a ban on Hajj e Tamattuh (performing Umrah first and removing Ihram then Ihram for Hajj later on). What was Sahaba's reaction? let's see what his own son Abdullah bin Umar R.A saidSalim bin Abdullah narrated that:he had heard a man from Ash-Sham asking Abdullah bin Umar about Tamattu after Umrah until Hajj, so Abdullah bin Umar said: "It is lawful." The man from Ash-Sham said: "But your father prohibited it." So Abdullah bin Umar said: "Is the order to follow my father or is the order (to follow) for the Messenger of Allah?" The man said: "Rather it is for the Messenger of Allah." So he said: "Indeed the Messenger of Allah did it."Tirmidhi 824 (Sahih)
It was narrated from Muhammad bin 'Abdullah bin Al-Harith bin Nawfal bin Al-Harith bin 'Abdul-Muttalib that:during the year that Mu'awiyah bin abi sufyan performed Hajj, he heard Sa'd bin Abi Waqqas and Ad-Dahhak bin Qais talking about joining 'Umrah to Hajj (Tamattu) Ad-Dahhak said: "none does that but one who is ignorant of the ruling of Allah." Sa'd said: "What a bad thing to say, O son of my brother!" Ad-Dahhak said: "Umar bin Al-Khattab forbade that." Sa'd daid: "The Messenger of Allah did that and we did it with him."Nisai 2734 (Hasan)
There is another Hadith in Majma uz Zawaid 5448 (read it in Islam 360), Ubai bin Kaab R.A confronted Umar R.A and told him that you don't hold any authority in it as Prophet allowed it.
So, we see that prominent Sahaba, spoke against it and they were not arrested or jailed or fined 🤷♂️. Umar R.A knew that the Hajj e Tamattu is a Sunnah, the reason why he banned it was this, it was due to his personal likings,
It was narrated that Abu Musa said that:he used to issue Fatwas concerning Tamattu' Then a man said to him: "Withhold some of your Fatwas, for you do not know what the commander of the Believers introduced into the rites subsequently." Then when I met him, I asked him. 'Umar said: "I know that the Messenger of Allah and his companions did it, but I did not like that people should lay with their wives in the shade of the Arak trees and then go out for Hajj with their heads dripping." Nisai 2735 (Sahih)
Then on another occasion we see, Khalifa tul Muslimeen Umar bin Khattab R.A roaming around the streets of Madina and he hears poetry from within Masjid un Nabwi which made him a bit furious and the poet was was Hassan bin Sabit R.A, look at the reply of the Sahaba to the ruler.
Narrated Sa`id bin Al-Musaiyab:
`Umar came to the Mosque while Hassan was reciting a poem. (`Umar disapproved of that). On that Hassan said, "I used to recite poetry in this very Mosque in the presence of one (i.e. the Prophet (ﷺ) ) who was better than you." Then he turned towards Abu Huraira and said (to him), "I ask you by Allah, did you hear Allah's Messenger (ﷺ) saying (to me), "Retort on my behalf. O Allah! Support him (i.e. Hassan) with the Holy Spirit?" Abu Huraira said, "Yes."
Umar in reply didn't say that don't you know "how to talk to elders??" or "Make an FIA case on him or defamation case", but now days if we say something to Ulama or Shiekh that "Shiekh, what you are doing is not according to Quran and Sunnah" the next line you hear is "Don't you have any respect, is this the way to talk to Shiekh". The Ulama and rulers these days think of themselves better than Sahaba's.
Third Khalifa, Usman bin Affan (Ghanni) R.A
Usman R.A also banned Hajj e Tamattuh and Ali R.A refuted.Sa'id b. al-Musayyab reported that 'Ali and 'Uthman (Allah be pleased with them) met at 'Usfan; and Uthman used to forbid (people) from performing Tamattu' and 'Umra (during the period of Hajj), whereupon 'Ali said:What is your opinion about a matter which the Messenger of Allah (ﷺ) did but you forbid it? Thereupon Uthman said: You leave us alone, whereupon he ('Ali) said: I cannot leave you alone. When 'Ali saw this, he put on Ihram for both of them together (both for Hajj and 'Umra).
When there was an issue of how the Sadqa should be distributed, Usman's Officials were distributing it according to the teachings of Prophet, so there were complains regarding his officials and Ali sent a letter as well,
Narrated Ibn Al-Hanafiya:
If `Ali had spoken anything bad about `Uthman then he would have mentioned the day when some persons came to him and complained about the Zakat officials of `Uthman. `Ali then said to me, "Go to `Uthman and say to him, 'This document contains the regulations of spending the Sadaqa of Allah's Apostle so order your Zakat officials to act accordingly." I took the document to `Uthman. `Uthman said, "Take it away, for we are not in need of it." I returned to `Ali with it and informed him of that. He said, "Put it whence you took it."
Narrated 'Ubaid-Ullah bin Adi bin Khiyar:I went to 'Uthman bin Affan while he was besieged, and said to him, "You are the chief of all Muslims in general and you see what has befallen you. We are led in the Salat (prayer) by a leader of Al-Fitan (trials and afflictions etc.) and we are afraid of being sinful in following him." 'Uthman said. "As-Salat (the prayers) is the best of all deeds so when the people do good deeds do the same with them and when they do bad deeds, avoid those bad deeds."
While our state might say that we only killed 12 peoples (recently on 26th Nov) no big deal, look at Bashar al Asad he killed millions and tortured them. They might think of them as saints in comparison.
Usman R.A showed us on how the ruler should treat the protestors.
Fourth Khalifa, Ali bin Abi Talib (Mawla) R.A
Ibn Sabba, the most famous character which Ahle Hadith "Ulama" say was the perpetrator of the rebellion against Usman R.A, which is not true according to Ahadith, the protestors were Sahaba's and Tabieen, this character is used to foreshadow the miss givings of Governors of Banu Umayyah (no blame on Usman R.A) the details can be found in my article mentioned above, this Ibn Sabba came later in the scene during Mawla Ali's Era and he used to proclaim that Ali is Allah (Naozobillah), so Ali captured him and burned him alive on which Ibn Abass R.A said that it is forbidden to burn someone alive.Mawla Ali A.S R.A showed us that if people take up arms, then how should state deal with them and he as a Khalifa and as a state fought Jamal, Safeen and Nehrwaan against those who instead of doing a dialogue, took arms. Key point here is he didn't deal with them the same as Kuffars and that was one of the main reasons why people became Khawarij, one of their key concerns was that the prisoners of Jamal and Safeen why were they not turned into slaves, it's a very long Hadith in Sunan Nisai al Kubra 8575 or Khasais Ali by Imam Nisai 190.It was narrated from 'Ikrimah:"Some people apostatized after accepting Islam, and 'Ali burned them with fire. Ibn 'Abbas said: 'If it had been me, I would not have burned them; the Messenger of Allah [SAW] said: 'No one should be punished with the punishment of Allah.' If it had been me, I would have killed them; the Messenger of Allah [SAW] said: 'Whoever changes his religion, kill him.'"Musnad Ahmad 6642
Imam Hussain A.S showed us on how to protest against the state if they are going astray, point to note here is that war was imposed on Hussain A.S, he didn't wage war against the state because no one goes to war and bring their families to it. He was shifting to Kufa to raise a political struggle against the state.
Ahle Hadith Ulama: "Obey the ruler"
Now Ahle Hadith Ulama's and Saudi affiliated Ulama's say that you cannot disobey or speak against the ruler, well because they are monarchs, so they have to say it, they based it upon this,Narrated Anas bin Malik:
Allah's Messenger (ﷺ) said, "You should listen to and obey, your ruler even if he was an Ethiopian (black) slave whose head looks like a raisin."
If we read the hadith before and after it in Mishkat, it adds one condition to it.
Umm al-Husain reported God’s Messenger as saying, “If a slave who has been mutilated is made your commander and leads you in accordance with God’s Book, listen to him and obey.”
It has been narrated on the authority of Ibn 'Umar that the Prophet (ﷺ) said:
It is obligatory upon a Muslim that he should listen (to the ruler appointed over him) and obey him whether he likes it or not, except that he is ordered to do a sinful thing. If he is ordered to do a sinful act, a Muslim should neither listen to him nor should he obey his orders.
It was narrated from ‘Ali (رضي الله عنه) that The Prophet (ﷺ) said:`There is no obedience to any human being if it involves disobedience to Allah. `Musnad Ahmad 1065 (Sahih)
Narrated `Ali:
The Prophet (ﷺ) sent a Sariya under the command of a man from the Ansar and ordered the soldiers to obey him. He (i.e. the commander) became angry and said "Didn't the Prophet (ﷺ) order you to obey me!" They replied, "Yes." He said, "Collect fire-wood for me." So they collected it. He said, "Make a fire." When they made it, he said, "Enter it (i.e. the fire)." So they intended to do that and started holding each other and saying, "We run towards (i.e. take refuge with) the Prophet (ﷺ) from the fire." They kept on saying that till the fire was extinguished and the anger of the commander abated. When that news reached the Prophet (ﷺ) he said, "If they had entered it (i.e. the fire), they would not have come out of it till the Day of Resurrection. Obedience (to somebody) is required when he enjoins what is good."
This hadith of Bukhari tells us not to obey the leader or ruler if they order against Allah.
Freedom of Speech after rightful Caliphs
The freedom of speech of even Sahaba's were taken away later on when Monarchs took over as mentioned in Musanaf ibn Abi Shaybah 37157 that Muawiya bin Abi Sufyaan R.A was the first Monarch, extended version of this below HadithIn the era of Muawiya R.A, the people were not allowed to recite Talbiyaa during Hajj and they were afraid of the ruler.Sa'eed bin Jumhan narrated:"Safinah narrated to me, he said: 'The Messenger of Allah(s.a.w) said: "Al-Khilafah will be in my Ummah for thirty years, then there will be monarchy after that."' Then Safinah said to me: 'Count the Khilafah of Abu Bakr,' then he said: 'Count the Khilafah of 'Umar and the Khilafah of 'Uthman.' Then he said to me: 'Count the Khilafah of 'Ali."' He said: "So we found that they add up to thirty years." Sa'eed said: "I said to him: 'Banu Umaiyyah claim that the Khilafah is among them.' He said: 'Banu Az-Zarqa' lie, rather they are a monarchy, among the worst of monarchies."'
It was narrated that Saeed bin Jubair said:"I was with Ibn Abbas in Arafat and he said: 'Why do I not hear the people reciting Talbiyah?' I said: They are afraid of Muawiyah.' So Ibn Abbas went out of his tent and said: "Labbaik Allahumma Labbaik, Labbaik! They are only forsaking the Sunnah out of hatred for Ali.'" Nasai 3006/3009 (Hasan)
It has been narrated on the authority of 'Abd al-Rahman b. Abd Rabb al-Ka'ba who said:
I entered the mosque when 'Abdullah b. 'Amr b. al-'As was sitting in the shade of the Ka'ba and the people had gathered around him....... (long narration) ..... He who swears allegiance to a Caliph should give him the piedge of his hand and the sincerity of his heart. He should obey him to the best of his capacity. If another man comes forward (as a claimant to Caliphate), disputing his authority, they (the Muslims) should behead the latter. The narrator says: I came close to him ('Abdullah b. 'Amr b. al-'As) and said to him: Can you say on oath that you heard it from the Messenger of Allah (ﷺ)? He pointed with his hands to his ears and his heart and said: My ears heard it and my mind retained it. I said to him: This cousin of yours, Mu'awiya, orders us to unjustly consume our wealth among ourselves and to kill one another, while Allah says:" O ye who believe, do not consume your wealth among yourselves unjustly, unless it be trade based on mutual agreement, and do not kill yourselves. Verily, God is Merciful to you" (iv. 29). The narrator says that (hearing this) Abdullah b. 'Amr b. al-As kept quiet for a while and then said: Obey him in so far as he is obedient to God; and disobey him in matters involving disobedience to God.
Muslim 4776/1844
Sahl b. Sa`d reported that a person from the offspring of Marwan was appointed as the governor of Medina. He called Sahl b. Sa`d and ordered him to abuse `Ali. Sahl refused to do that. He (the governor) said to him:
If you do not agree to it (at least) say: May Allah curse Abu Turab......
Narrated Sa`id Al-Umawi:
I was with Marwan and Abu Huraira and heard Abu Huraira saying, "I heard the trustworthy, truly inspired one (i.e. the Prophet (ﷺ) ) saying, 'The destruction of my followers will be brought about by the hands of some youngsters from Quraish." Marwan asked, "Youngsters?" Abu Huraira said, "If you wish, I would name them: They are the children of so-and-so and the children of so-and-so."(meaning them)
Narrated Abu Huraira:
I have memorized two kinds of knowledge from Allah's Messenger (ﷺ) . I have propagated one of them to you and if I propagated the second, then my pharynx (throat) would be cut (i.e. killed).
Marwaan arrested Abdur Rehman bin Abu Bakr (son of Abu Bakr) for speaking freely
Later on, after few days, his dead body was found from one of the caves.Narrated Yusuf bin Mahak:
Marwan had been appointed as the governor of Hijaz by Muawiya. He delivered a sermon and mentioned Yazid bin Muawiya so that the people might take the oath of allegiance to him as the successor of his father (Muawiya). Then `Abdur Rahman bin Abu Bakr told him something (Marwan said that Muawiya wants you to take oath of allegiance of Yazeed similar to how Abu Bakr and Umar took, upon which son of Abu Bakr said this is not the way of Abu Bakr o Umar rather way of Caesar and King of Iran [this text can be read in Hakim, it was censored in Bukhari]) whereupon Marwan ordered that he be arrested. But `Abdur-Rahman entered `Aisha's house and they could not arrest him. Marwan said, "It is he (`AbdurRahman) about whom Allah revealed this Verse:-- 'And the one who says to his parents: 'Fie on you! Do you hold out the promise to me..?'" On that, `Aisha said from behind a screen, "Allah did not reveal anything from the Qur'an about us except what was connected with the declaration of my innocence (of the slander).
Bukhari 4827 Hakim 8483
Abdullah bin Umar R.A was killed by Hajjaj bin Yusuf, he was struck by a poisonous spear
Narrated Sa`id bin `Amr bin Sa`id bin Al-`Aas:Al-Hajjaj went to Ibn `Umar while I was present there. Al-Hajjaj asked Ibn `Umar, "How are you?" Ibn `Umar replied, "I am all right," Al-Hajjaj asked, "Who wounded you?" Ibn `Umar replied, "The person who allowed arms to be carried on the day on which it was forbidden to carry them (he meant Al-Hajjaj)."
The story of Hujr bin Adi R.A is really sad, he was ordered to be killed only because the governor of his area used to delay the friday prayer and used to abuse Ali in the sermon while he used to speak against it and Muawiya ordered to get him executed and Hujr said to bury me in chains as is, on the day of Judgement I will get Muawiya. Hakim 5972-5984, Umm ul momineen Aisha S.A R.A was very saddened by the way Hujr bin Adi R.A and his companions were murdered.
This is a machine generated translation,
[Machine] Marwan said "I entered with Muawiyah to Umm Al-Mu'minin Aisha and she said, 'O Muawiyah, you have killed a group of people and their companions, and you have done what you have done. Don't you fear that I would hide a man for you who would kill you?' He replied, 'No, I am in a place of safety. I heard the Messenger of Allah ﷺ saying, 'Faith is a restraint against killing. A believer does not kill.'"
In the end, I would just mention this Hadith of a brave Sahabi who stood up against the battalion of Muslims who were about to attack Romans, that you are going against the teachings of Allah
Narrated Abu Al-Faid:
"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (ﷺ) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."
I think, I should end it here, if the ruler suppresses your freedom of speech, then they are the remnants of Banu Umayyah, not the followers of Khulafas in my opinion.
I would advise you to read these two articles as well,
Which events led to Karbala, in light of Ahadith
Difference between a Prophet, a Sahabi and an Imam
O Allah! Enable us to see the Truth as Truth and give us the ability to follow it. And show us the falsehood as false and give us the ability to refrain from it. Ameen
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