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Ali Ibn Abi Talib - Volume 1 of 2

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Xli ibn <strong>Abi</strong> Trilib 325<br />

present at Badr and other Companions swore allegiance to him,<br />

and that consensus was not undermined by the fact that some<br />

were absent or that some did not swear allegiance (may Allah be<br />

pleased with them all). Al-Hasan al-Basri said: "By Allah, the<br />

oath <strong>of</strong> allegiance to '<strong>Ali</strong> was like the oath <strong>of</strong> allegiance to Abu<br />

Bakr and 'Umar (may Allah be pleased with them)."62<br />

4. The claim that allegiance was only sworn to him on the<br />

condition that he would execute the killers <strong>of</strong> 'Uthmh (&)<br />

could not be a valid condition. Rather they swore allegiance on<br />

the condition that he rule on the basis <strong>of</strong> justice and truth, which<br />

is by summoning the one who is asking for retaliation and the<br />

one who is accused, then allowing everyone to present his case<br />

and allowing questioning and examination <strong>of</strong> evidence; only<br />

after that can the verdict be given.63 As for the reports claiming<br />

that Ta&ah, az-Zubayr and some <strong>of</strong> the other Companions (may<br />

Allah be pleased with them all) stipulated when swearing<br />

allegiance that '<strong>Ali</strong> (&) should cany out the hadd punishments,<br />

these reports are weak in their chains <strong>of</strong> narration, and the texts<br />

are also subject to further di~cussion.~~ Concerning that, <strong>Ibn</strong> al-<br />

'Arabi said: "If it is said that they swore allegiance to him on the<br />

basis that he would execute the killers <strong>of</strong> 'Uthmh (&), we say:<br />

That is not valid as a condition <strong>of</strong> swearing al~egiance."~~<br />

5. Mu'iwiyah (&) did not fight '<strong>Ali</strong> (A) for the position <strong>of</strong><br />

caliph, and he never denied the validity <strong>of</strong> his leadership; rather<br />

he fought him so that the hadd punishments might be camed out<br />

on those who had taken part in the slaying <strong>of</strong> 'Uthm2n (&),<br />

because in his estimation, that this was the right thing to do. He<br />

was mistaken in that, though, so he would have the reward <strong>of</strong><br />

ijtihid only.66 The sound reports prove that his disagreement<br />

with '<strong>Ali</strong> (&) had to do with the execution <strong>of</strong> the killers <strong>of</strong><br />

,.<br />

'Uthmin (&), and he did not dispute with him with regard to

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