OmarBin Khattab The

2nd Caliph of Islam

Presented By : Saeed AbdulRahim

C/O H.N.G. Centre
84-Mayton Street,
LONDON
N7 6QT
Mobile : 07960 110425
Tele : 0207 263 1966
E-Mail : [email protected]
 Genealogy & Family
Background
Convergence of Ancestry With Prophet Mohammad(s.a.w.)
It has been suggested by scholars that the respective lines of descent of
OMAR Bin Khattaband the Holy PROPHET MOHAMMAD (SAW)
Converge Eight Generations ago.
PARENTS: OMAR’s
Father Was Khattab and His Mother Was Khantama

A COUPLET WRITTEN BY : ZAID A COUSIN OF OMAR

Shall I A Single Deity Adore Or
sink in Awe, a thousands Gods, before ? The
Idols Lat and Uzza I ignore A
Wise and Cautious Man Can do no more.
 Persona & Premonition

PERSONA
Sayyidna OMAR Bin Khattab is said to have been of a Tallish Stature
with strong rugged features and of a reddish brown complexion . He was
a man of very strong convictions. If He was a friend then He was a very
good friend, but if He was an enemy then You better watch out, He was
that kind of a person.
PREMONITION BY WAY OF A MYSTERIOUS COUPLET O!
Blood Red One The
Deed Is Done A
Man Shall Cry Besides
God None
.
 Premonition

PREMONITION . . . .

The words of this mysterious couplet are thought to have been a divine
way of ALLAH(SWT) guiding OMAR towards the faith in UNITY of
God and also as a divine Premonition that ALLAH(SWT) was giving to
OMAR about the coming of the Ministry of Prophet Mohammad(s.a.w.)
specially because of the words that “….A Man shall Cry; Besides God
None” as this was the main thrust and ethos of the Message of Prophet
Mohammad(s.a.w.)
Famous Scholars Description
of OMAR(1)
ALLAMA SHIBLI NUMANI
OMAR was all that Alexander, Julius Caesar, Napoleon, Peter, Fredrick,
Justinian put together exemplified. He was a Liberator, statesman, a
reformer, a law giver, and a spiritual head All at Once.

ANOTHER SCHOLARLY OPINION In OMAR the strictest principles

of the recognised code of moral rectitude were blended with the
activities of a colossal genius which was capable of swaying in the world
.
SIR WILLIAM MUIR The various tribes and bodies in the Muslim
Empire , representing interests the most diverse, reposed in his integrity
implicit confidence
Famous Scholars Description
of OMAR(2)
WASHINGTON IRVING
The whole history of OMAR shows him to have been a man of great
powers of mind, inflexible integrity and rigid justice. He was more than
any one else, the founder of the Islamic Empire; confirming and carrying
out the inspirations of the Prophet Mohammad(saw)

ANOTHER SCHOLARLY OPINION In what light can a person be

regarded who, being a ruler over millions of men, carried water on his
back for the meanest of his subjects, who, being the arbitrator of the
destinies of Arabia, Egypt, Asia Minor and Persia lived like the lowest of
his people - partaking of frugal fare and clad in the humblest dress, Who,
being a monarch shared his dromedary by turns with his slave”
Famous Scholars Description
of OMAR(3)
ENCYCLOPAEDIA BRITANNICA
The saying with which he began his reign will never grow antiquated :
He said : By ALLAH, he that is weakest among you shall be in my sight
the strongest, until I have vindicated for him his rights ; But, him that is
strongest will I treat as the weakest , until he complies with the law”

CONCLUSION By The EDITORS of the Encyclopaedia Britannica

IT WILL BE IMPOSSIBLE TO GIVE A BETTER GENERAL
DEFINITION OF THE FUNCTION OF A STATE
STORY OF OMAR’s
CONVERSION
HAD BUCKLED HIS SWORD AND HAD SET OUT TO
ASSISINATE THE PROPHET (S.A.W.)

The famous English Saying that “Life Begins at 40” OMAR was the
40th Convert to ISLAM

FOLLOWING OMAR’s CONVERSION, FOR THE FIRST TIME,

MUSLIMS WENT OUT TO PRAY OPENLY IN KA’ABA
STORY OF THE ADHAN &
OMAR’s CONTRIBUTION TO IT
BACKGROUND OF WHAT HAD NOT YET BEEN ENFORCED
BY WAY OF PRACTICE
Whilst the MUSLIMS were in Mecca in the pre-hijra days, they were
persecuted day and night and their life was in jeopardy. Hence Fasting,
Zakkah, Jumah Prayers, Eid Prayers and Sadaqa-e-Fitr and any
publically observed practices had not yet been implemented. Even the
Daily Prayers were in the most held in secret with utmost care so as not
to invite any Backlashes or Retributions.And the Prayers were observed
with utmost brevity.

And If the Prayers themselves were observed with caution , so as not to

invite backlash and persecution , then the matter of the Method of
Calling the Faithful to Prayers had not even arisen.
STORY OF THE ADHAN and
OMAR’s CONTRIBUTION TO IT
.
(2)
SUGGESTIONS INVITED BY THE PROPHET (S.A.W.)
The Companions put forward Different Suggestions and The Prophet
Mohammad (s.a.w.) asked them to take time to reflect on their
suggestions and come back with a Unified Recommendation.

DREAMS OF SOME OF THE COMPANIONS

OMAR’s SIMILAR DREAM WITH A SLIGHT ADDITION
STORY OF THE ADDITION OF THE WORDS “ASSALLAT-
U-KHARUN MINNUN NAUM” TO THE ADHAN FOR THE FAJR
PRAYERS.
ALLAH SPEAKS THROUGH
THE TONGUE OF OMAR . . .
BATTLE OF BADR (2 A.H. / 624 A. D.)AND WHAT SHOULD BE
THE FATE OF THE PRISONERS OF WAR

Omar’s opinion about what should be the done with the Prisoners of War
, was later on Confirmed By the Revelation :
“That, it is not befitting the Messenger of Allah to take Prisoners of War
without having thoroughly subdued the land…” (C 8 V67)

IT WAS ON THIS OCCASION THAT THE PROPHET (S.A.W.)

FAMOUSLY SAID THAT
“ALLAH SPEAKS THROUGH THE TONGUE OF OMAR”.
THE FIRST ENDOWMENT
IN ISLAMIC HISTORY
BATTLE OF KHAIBAR (7 A.H. / 629 A. D.)
Following the Defeat of the Enemy in the Battle of KHAIBAR All the
Lands Known as KHAIBAR fell to the Muslims. The Lands of
KHAIBAR were divided by The Prophet(S.A.W.) among the forces that
had liberated KHAIBAR.
One such piece known as THAMMAGH was given to OMAR as his
share which He immediately dedicated to Charitable Purposes
FIRST ENDOWMENT
SAHIH AL-MUSLIM contains a full reference to this Dedication By
OMAR to Charitable Purposes in it’s Chapter on ENDOWMENTS. And,
This is regarded as the First ENDOWMENT made in ISLAMIC
History
Women Took The Oath of Allegiance
Gave It TO OMAR
LIBERATION OF MAKKAH (8 A.H. / 630 A. D.)
Following the Liberation of MAKKAH, the Prophet Mohammad(s.a.w.)
entered the City and standing at the gates of Ka’bah delivered a highly
eloquent Oration. Then accompanied by OMAR he ascended the brow
of the mountain SAFA and initiated the people into a vow of allegiance
to him.
First came All the men, and after they had finished giving their Oath of
allegiance to the Prophet Mohammad (s.a.w.), came the turn of the
women.
The PROPHET(S.A.W.) asked OMAR to be his representative, then
OMAR sat and received the Oath of Allegiance To The PROPHET From
the Women on behalf of the Prophet Mohammad(s.a.w.).
LEADING
COMPANIONSOPINIONS
ABOUT OMAR(1)
CALIPHATE OF ABUBAKR ENDS (13 A.H. / 635 A. D.)
When Sayyidna Abu Bakr fell ill and realised that He was soon to meet
his maker, He started active consultations with the Leading Companions
About Who He should Nominate as his successor to be the 2nd Caliph of
Islam
Abdur Rahman b ‘Auf
First He consulted Abdur Rahman b ‘Auf, who said that the Fitness of
OMAR was acknowledged by ALL, but that he was rather harsh of
temper. Sayyidna Abu Bakr replied that the Harshness of OMAR was
meant to counter balance his own leniency.
LEADING COMPANIONS
OPINIONS ABOUT OMAR(2)

UTHMAN b. AFFAN
When asked for his opinion about OMAR, Othman replied that
“OMAR’s Inner Self was better than His Exterior, And, that no one was
his equal among them”

TALHA’s FEARS
TALHA went to Abu Bakr and expressed his concerns in these words
“You are alive to the severity that OMAR treats us with in your Life
Time, heaven knows how He will treat us once you are gone, What
Answer will you Give to God for this? ABU BAKR replied : That He
would say to God that he Appointed the person who was best of ALL.
OMAR COMPARED TO
HARMUZAN (The Persian Emperor)
HARMUZAN
Following the defeat of the Persian Army, HARMUZAN their Emperor
shut himself in his Fort which also the Muslims stormed.He then agreed
to surrender but on the condition that Only OMAR should decide his
fate.HARMUZAN was then escorted to Madina to be presented to
OMAR
His Dress As He Approached Madina
As he approached Madina, Harmuzan had adorned himself as a King.
The gem-bedizened diadem known by the epithet of Adin graced his
Brow; a rich silk mantle was thrown over his shoulders, glittering jewels
adorned his person; a scimitar adorned with jewels hung by his girdle
OMAR COMPARED TO
HARMUZAN (The Persian Emperor)2.
OMAR AS COMPARED TO THIS GLITERITY
HARMUZAN, thus attired as a King,entered Madina and enquired
where the Commander of the Faithful was. He had nurtured a notion
that OMAR whose fame rang throughout the World must be having a
correspondingly glamorous court, but HARMUZAN was disappointed !!
OMAR found Sitting On a DUST SOFA

When OMAR was pointed out to HARMUZAN; he found him sitting on

a dust sofa in the courtyard of the Prophet’s Mosque
HARMUZAN’s LAST MINUTE
REPRIVE
OMAR AT THE POINT OF DECIDING HARMUZAN’s FATE
Because of the fact that HARMUZAN during the course of previous
battles had slain prominent companions, OMAR was ready to slay him,
but being the true statesman that He was, He decided to give him a
chance to put forward his defence.
GLASS OF WATER THAT SAVED HARMUZAN’s LIFE
After making his defence statement, HARMUZAN asked for a glass of
water which was brought to him. Taking the Cup in his hand he asked
that he be not slain until he has drunk that water. OMARaccepted his
plea, HARMUZAN then immediately threw the water on to the ground,
where it was soaked up by the earth and disappeared Harmuzan then said
….
HARMUZAN’s LAST MINUTE
REPRIVE . . . . . . . Continued

GLASS OF WATER THAT SAVED HARMUZAN’s LIFE

now according to your promise, you cannot slay me ! ! ! Because you
promised me that I will not be slain until I have drunk “that” glass of
water.
HARMUZAN TAKES THE SHAHADAH
Having had his Life Reprieved at the Last Minute thanks to the
stratagem of the glass of water; HARMUZAN then took the SHAHDAH
commenting that he had not done so earlier because people would have
thought that he was taking the SHAHDAH to save his life, but now that
he has had his life reprieved he is taking the SHAHDAH in circumstance
of Peace and Security rather than do so whilst under threat of death.
PEACE NEGOTIATED BY A
SERVANT MUSLIM
MUSLIMS HAD LAID SEIGE TO JANDI-SABUR
Muslims had laid siege to a Territory called JANDI-SABUR which
lasted for several days.
SUDDENLY , THE DOORS OF THE CITY FLUNG OPEN
When to the pleasant surprise of the Muslims, the doors to the city were
flung wide open and the inhabitants busied themselves in their normal
chores (BUSINESS AS USUAL)

PEACE NEGOTIATED BY A SERVANT MUSLIM

Upon inquiry, it turned out that a SERVANT MUSLIM had secretly gone
inside the city whilst it was under siege, and negotiated Peace with the
citizens the terms of which were the payment of JIZIYAH
PEACE NEGOTIATED BY A
SERVANT MUSLIM(2)
CONFUSION ABOUT WHETHER A TREATY NEGOTIATED
AND THE TERMS OFFERED BY A SERVANT MUSLIM IS
VALID?
The Muslim forces were not sure whether they should honour a Treaty
Negotiated By a Servant Muslim, and, as far as the inhabitants of the
town were concerned, “They had negotiated the treaty with a Muslim in
Good Faith and whether that Muslim was Born Free or a SERVANT was
of no consequence to them..”
MATTER REFERRED TO OMAR!
The Matter was thus referred to OMAR for Arbitration Who Judged that
since the Servant of the Muslim was also a Muslim, therefore, his
offering Protection to “Persons” meant that they were under the
Protection of ALL the Muslims.
EXTENT OF THE MUSLIM EMPIRE
DURING OMAR’S REIGN

TOTAL AREA
The total area of the countries comprising the Muslim Empire Achieved
during OMAR’s reign was 2,251,030 square miles
COUNTIRES THAT COMPRISED THE MUSLIM EMPIRE
The Muslim Empire during the reign of OMAR comprised of the
Countries of Syria, Egypt, Khozistan, Iraq, Armenia, Adharbaijan,
Perisa, Kirman, Khorasan and Makran which is now part of
Baluchistan a province in Pakistan
ALL WITHIN 10 YEARS OF OMAR’S REIGN
All of the Above Countries were brought into the folds of the Muslim
Empire in just 10 years of the reign of OMAR Bin Khattab.
ALEXANDER’S SAVAGERY VS
OMAR’S JUSTICE &
TOLERANCE
ALEXANDER’S & OTHER CONQUERORS’ SAVAGERY
ALEXANDER as he conquered TAURUS in Syria ordered a general
massacre, had the heads of 1000 citizens hung on the city walls, sold
thirty thousand of them into slavery. Similarly, when he had conquered
Istakhar (Persepolis) in Persia, he slaughtered all it’s male inhabitants.
We find similar cases of sanguinary with other conquerors like the
Changiz Khan, Nebuchadnazzar, Timur and Nadir. All of Whom
were Bloodthirsty.
JUSTICEWAS SHOWN EVEN
TO THOSE BEING EXILED

JEWS OF KHAIBAR
When the Jews of Khaibar were being exiled for conspiracy and
insurrection, they were indemnified for the loss of their lands, and if any
Muslim was found to have bought something on the Cheap from a
departing Jew he was immediately admonished for it and ordered to pay
the Full price of the item bought. No one was allowed to take material or
fiscal advantage of a departing Jew being exiled.
NO JIZIYAH WAS CHARGED OF THEM FOR A YEAR . . .
Officers of districts and provinces were instructed that through which
ever territory the departing exiled Jews passed, all necessary assistance
should be given to them, and if they stopped at any place for a short
while then No JIZIYAH should be charged of them for a year.
CONSULATIVE ASSEMBLY
DURING OMAR’S CALIPHATE(1)

DECISION MAKING PROCESS

An Important democratic development of OMAR’s Caliphate was the
establishment of a CONSULATIVE ASSEMBLY. Whenever an
important matter came up for decision, the Consultative Assembly was
called, and no question was decided without free debate and without the
consent of the majority of the members of this Assembly.
MEMBERSHIP OF THE CONSULTATIVE ASSEMBLY
The whole body politic of Islam at that time was divided into two
groups, namely the MUHAJIRIN and the ANSARs. They were the
leaders of the people and the whole of Arabia looked upon them as their
representatives.
CONSULATIVE ASSEMBLY
DURING OMAR’S CALIPHATE(2)

MEMBERSHIP OF THE ASSEMBLY . . . Continued

Members of both groups, the Muhajirin and the Ansars necessarily
always took part in the deliberations of the Assembly.
Within the Ansars, there were two groups called the AUS and the
KHAZRAJ, and it was considered essential that membership of the
Ansar part of the Assembly was made up of representatives of both these
groups.
Some of the Historically well known members of this Consultative
Assembly were also Close Companions of the Prophet Mohammad
including such luminaries as ALI, OTHMAN, ABDUR-RAHMAN b
AUF, MUAD B. JABAL, UBAYY B. KA’AB and ZAID B. THABIT
CONSULATIVE ASSEMBLY
DURING OMAR’S CALIPHATE(3)

OTHER DISTINCTIONS OF SOME OF THESE LUMINARIES AND

LEADING MEMBERS OF THE CONSULTATIVE ASSEMBLY
Apart from OMAR himself who was the 2nd Caliph, two other leading
members of this Consultative Assembly OTHMAN & ALI were the 3rd
and 4th Caliph, ALI also being the Cousin and son-in-law of the Prophet
Mohammad(s.a.w.)
ZAID B. THABIT
Another Leading Member of this Consultative Assembly by the name of
ZAID B. THABIT was the ipso-facto P.A. / Secretary of Prophet
Mohammad(s.a.w.) who was the only other person present when Prophet
Mohammad(s.a.w.) recited the whole of the QURAN to Angle Gabriel
by way of confirmation of correctness of reception.
A WIDER GENERAL ASSEMBLY
DECIDED ON MATTERS OF
UNUSUAL IMPORTANCE (1)
MATTERS OF UNUSUAL DEGREE OF IMPORTANCE
Matters of daily occurrence were put before the Consultative Assembly
and for such mundane matters, it’s decisions were considered to suffice.
However, for matters of Unusual Degree of Importance which were
likely to have their impact for years to come, a much wider GENERAL
ASSEMBLY of Muhajirin and the Ansars was convened.
For Instance, to debate the matter of what to do with the Acquired
Territories, whence some leading figures were advocating that such lands
ought to be distributed among the soldiers and given away to them as
their private estates, this matter was considered to be of great
significance impacting on the coming generations that it was
debated . . .
A WIDER GENERAL ASSEMBLY
DECIDED ON MATTERS OF
UNUSUAL IMPORTANCE (2)
MATTERS OF UNUSUAL DEGREE OF IMPORTANCE
. . . In the much wider General Assembly rather than in the Consultative
Assembly which dealt more with matters of day to day running of the
State.

Thus, matters of great importance which were likely to influence the

affairs of the Muslims for years to come were put before the wider
General Assembly for discussion, debate and conclusions rather than
with the Consultative Assembly.
A STUNNING SPEECH TO THE
WIDER GENERAL ASSEMBLY

STUNNING SPEECH
In A Stunning Speech to one of the sessions of this wider General
Assembly OMAR said : “I have given you the trouble to assemble here
in order that you might participate with me in the burdens put on me in
respect of the state, for I am only one from among yourselves, and I do
not desire that you should follow my wishes”
Thus, whilst OMARwas very rigid in implementing the law but he was
also the most humblest and the most democrat when it came to the
process of decision making which eventually concluded what that law
should be, as demonstrated by his statement quoted above, that
“I do not desire that you should follow my wishes”
COMPARING OMAR WITH OTHER
EMPERORS, RULERS & CONQUERORS
OF THE PAST
RE: THE STUNNING SPEECH

It will be nigh Impossible, no matter how hard one tries, to find another
Emperor, Ruler or Conqueror in the past who said to their Advisors,
Counsellors and Courtiers what OMARsaid to the members of the
General Assembly that
“I do not desire that you should follow my wishes”

One Cannot find a More Humble, More Polite, and a More

Democratic Statement by a Leader of an Empire in the annals of
even recent history
CITIZENS HAD A STAKE IN THE
STATE ADMINISTRATION(1)

CITIZENS’ STAKE IN THE ADMINISTRATION

Every citizen of the Islamic State had a say in the Administration of their
State .Provincial Governors and District Officers were appointed with
the approval of the subjects. And Some times appointments were even
made by election.
A GOVERNOR DISMISSED
And on one occasion, an appointed Provincial Governor was dismissed
by OMAR when complaints about that governor’s administration were
substantiated
CITIZENS HAD A STAKE IN THE
STATE ADMINISTRATION (2)
.

OMAR HAD ASKED TO BE CORRECTED ! ! !

During the course of his inaugural speech OMAR had asked the People
that “O! people follow me as long as I follow the QURAN & the
... SUNNAH, and Correct me if I go Wrong..”

A CITIZEN’S RESPONSE TO THE ABOVE STATEMENT

Upon hearing that Statement from OMAR, an ordinary citizen stood up
and waving a stick said
“don’t you worry OMAR, if you go wrong we will correct you.”
STATE ADMINISTRATION:
Instrument of Appointment For
Provincial Governors and State Officials
INSTRUMENT OF APPOINTMENT . . .
A Provincial Governor or an Officer of State was given an “Instrument
of Appointment” in which his appointment, his powers and duties were
detailed, and this was given in the presence of a number of Companions
so that those companions might be Witnesses thereof and the abilities
and duties of the appointee should become known.
PUBLIC READING OF THE INSTRUMENT OF APPOINTMENT
Upon Reaching his place of appointment, The Official concerned called
the people together and read out his instrument of appointment before
them, so that the citizens were aware of that official’s Powers and His
Duties, and therefore, they could call him to account if he overstepped
his powers or missed meeting his obligations.
STATE ADMINISTRATION :
Exhortation To Governors &
State Officials
PUBLIC ADDRESSES . . .
Frequently, OMARwould address public gatherings on which Occasions
he would in front of the Citizens address the Officials as well and in one
such speech he famously said
“And do not behave with people as if you were superior to them, for
that is TYRANNY over them..”
PUBLIC READING OF THE INSTRUMENT OF APPOINTMENT
Upon Reaching his place of appointment, The Official concerned called
the people together and read out his instrument of appointment before
them, so that the citizens were aware of that official’s Powers and His
Duties, and therefore, they could call him to account if he overstepped
his powers or missed meeting his obligations.
STATE ADMINISTRATION :
Promises TakenFrom Governors &
State Officials
PROMISES . . .
Every Governor and State Official was required to give the following
Promises That :
(1) He will not ride a Turkish Horse
.. (2) Not wear Fine Clothes
… (3) Not Eat Sifted Flour
These were often entered in the Instrument of Appointment .

On one occasion the citizens had complained to OMAR that their

Provinces’ Governor was found to be going about in a Silk Shirt,
OMAR summoned that governor before him and then threw a ordinary
cloth shirt towards that Governor and banished him to herd Sheeps
STATE ADMINISTRATION :
Inventory of Assets
Taken From Governors & State Officials
YEARLY INVENTORY OF ALL THE POSSESIONS . . .
Whenever A Governor or a State Official was appointed an Inventory
was drawn up of all his assets and possessions.
At the end of each year, a new inventory would be drawn up, and if there
was found to be any undue or unwarranted increase in that officials
assets or possessions then the increased portion would be confiscated
and transferred to the Public Treasury.
The understanding being that How come there was an increase in the
personal assets / possessions of a government official whilst he was
serving the people.
STATE ADMINISTRATION :
OPEN DOOR POLICY

OMAR’S OPEN DOOR POLICY . . .

OMAR’s Open Door Policy Was So Open that No Doors were permitted
in any Government or State Office.
On one occasion it was reported that a Government Official had
constructed a door to his office, this matter was investigated by a Central
Inquiry Commission with instructions that if the reasons given by that
Official were not warranted then they should burn that door down in full
view of the public who felt that they had been barred from that office
because of the presence of this door.
PROVED DECISIVEIN DECIDING WHO SHOULD OWN
THE LANDS IN THE LIBERATED TERRORITORIES(1)

ARMY COMMANDERS HAD DEMANDED THAT THE

LIBERATED TERRETORIES SHOULD BE GIVEN OVER TO
THEM AS THEIR PRIVATE ESTATES
OMAR was very uncomfortable with this idea not least because this
would have meant perpetuating the system of the Romans and the
Byzantine who would usurp the lands and give them over to their
Generals and Court Officials subjugating the original owners as serfs and
slaves.

Furthermore, distributing the lands solely amongst the soldiers alone

would also have meant that the future generations and the People on the
List of those entitled to charity would have lost out.
THE LANDS IN THE CONQUERED TERRORITORIES(2)

ARMY COMMANDERS HAD DEMANDED THAT THE

LIBERATED TERRETORIES SHOULD BE GIVEN OVER TO
THEM AS ESTATES . . .
Then, there was this matter to be considered about How and From where
would the funding come for the maintenance of the Army itself if the
lands were given away as private estates to the Army itself

All these various considerations weighed heavily on OMAR when faced

with the demand of the soldiers that the liberated lands should be given
over to them as private estates,.
THE LANDS IN THE CONQUERED TERRORITORIES(3)

THE WIDER GENERAL ASSEMBLY CALLED TO

CONSIDER THE MATTER. . .
Since, since this matter of Lands to the soldiers was of such vital
importance that it would have affected the rights of future generations
that it could not have been decided by the wishes of just one person and
as OMAR had clearly stated when addressing the opening session of this
General Assembly that “I do not desire that that you should follow my
wishes”

The matter was therefore put before the Wider General Assembly
for Consideration, Debate and Decision.
THE LANDS IN THE CONQUERED TERRORITORIES(4)

THE ASSEMBLY’s SESSION EXTENDED OVER SEVERAL

DAYS
Eloquent and some times passionate debates were held on the matter for
several days but no clear decision was forth coming.
Then OMAR RECOUNTED A VERSE FROM THE QURAN
WHICH PROVED DECISIVE
OMAR then remembered these verses from the QURAN and recounted
them to the Convened General Assembly that…
“What God has bestowed upon His Apostle from the people of the
Townships -- belongs to God -- To His Apostle , And to the Kindred
and the Orphans, The Needy and the Wayfarer . . . (Continued)
THE LANDS IN THE CONQUERED TERRORITORIES(5)

VERSES OF THE QURAN WHICH OMAR RECOUNTED AND

WHICH PROVED DECISIVE
In order that it may not make a circuit for the wealthy among you”
“Some part is due to the indigent Muhajirs who were expelled from
their homes and property while seeking Grace from God and His
Good Pleasure AND aiding God and His Apostle”
“And To Those who came after them” …Quran C59 : V: 7 - 11
OMAR THEN GAVE A POWERFUL SPEECH . . .
OMAR then gave a powerful speech to the General Assembly giving his
contentions and inference of these verses of the QURAN and then the
whole Assembly gave unanimous Acclaim which decided the matter.
PROVED DECISIVEIN DECIDING WHO SHOULD OWN
THE LANDS IN THE CONQUERED TERRITORIES(6)

WHAT WAS THE DECISION . . .?

On the basis of OMAR’s Inference this principle was established once
and for all that …
All the Citizens including future generations will benefit from the
Conquered lands, hence rather than being given over to the soldiers, the
Conquered lands will belong to the State and the former occupants
lands within the liberated territories will not be dispossessed.

THIS PRINCIPLE OF NOT DISPOSSESSING THE OCCUPANTS

OF THE LIBERATED / CONQUERED LANDSWAS ONE OF
THE CAUSES WHICH LEAD TO FURTHER EXPANSION OF
THE MUSLIM EMPIRE
LAND REFORMS INTRODUCED
BY OMAR(1)

LAND REFORMS INTRODUCED BY OMAR

Subsequent to the the Promulgation of the Established Principle as
approved by the General Assembly that “Conquered Lands Will Not be
Given To Soldiers but would instead vest in the SATE” OMAR
introduced the following Land Administration Land Revenue Reforms:

(1) Imperial Estates and Lands in The Possession of the previous

.. Conquerors were given back to the NATIVES
(2) Muslims Could Not in any Case take possession of any Land in a
… Conquered Territory
(3) Muslims could Not even BuyLand from the Natives (4)
Arabs were even bannedfrom engaging in Agriculture in any of the ..
Conquered / Liberated Territory
LAND REFORMS INTRODUCED
BY OMAR(2)

LAND REFORMS INTRODUCED BY OMAR

(5) Anyone who brought new lands under cultivation would be
granted .. Proprietary Rights in those lands
(6) Any person that took possession of unbroken land with a
view to . . Bringing it under cultivation but failed to do so for three
years would . Loose possession of the land
(7) People who had earlier fled their homes were invited by
Public . Proclamation to resume possession of their lands
(8) If the Muslim Army during one of their advances were
found to have . Caused damage to any crops then the Native farmer
was indemnified . For that loss
MASSIVE AGRICULTURAL
DEVELOPMENTS IN CONQUERED
LANDS

A HUGE DEPARTMENT OF AGRICULTURE SET UP

This Huge Agriculture Department was charged with implementing

Massive Agricultural Developments in the Liberated Lands. Under this
department’s stewardship DAMS were built, tanks excavated, Canals
and Water Troughs laid out for the distribution of water.
According to one account in Egypt alone about 120,000 labourers
worked daily throughout a year to work on these projects and all of
whom were paid out of the Central Islamic Treasury even though that the
work was carried out in the far away conquered land of Egypt.
Similarly in the lands of Khozistan and Ahwaz, many many new lands
were brought under cultivation with Hundreds of Water Canals laid out.
WERE A MAJOR FACTOR IN
THE EXPANSION OF THE
MUSLIM EMPIRE
ACCORDING TO ONE FRENCH WRITER . . .
“It is an established fact that, the ISLAMIC SYSTEM OF LAND
REVENUE AND ADMINISTRATION had much to do with the
Conquests of ISLAM”

MUSLIMS PREFERRED TO NON-MUSLIM CONQUERORS

As news spread about the generosity of the Islamic Land Administration
System, the oppressed and persecuted of other countries invited Muslims
to their countries and in many cases the local population helped the
conquering Muslim Army e.g. in Egypt the Coptic Cultivators helped the
Muslims against their Roman oppressors whilst the Christians of
Damascus and Hims preferred MUSLIMS to the Roman Invaders..
USHUR (Customs Duty)
Implemented By OMAR

USHUR (CUSTOMS DUTY) WAS ESTABLISHED AS FOLLOWS.

(1) Basic rate of 10% for foreigners bringing goods in
(2) Rate of 5% For Dhimmis (Non-Muslim Citizens) bringing Goods in
(3) Rate of 2.5% for Muslims Bringing Goods in To Trade
(4) USHUR (Customs Duty) was charged only on merchandise and not
( on items for personal use
(5) Merchandise of the value of less than 200 dirhims were exempt
(6) Once the Duty was Paid, the merchandise were free from further
( imposition for a Year.
(7) Once the duty was paid, the merchants were free to carry their goods
. from one place to another.
(8) Collectors of Customs were not to search Personal Luggage
JUDICIAL REFORMS
Implemented By OMAR(1)

OMAR HAD ISSUED A VERY FAMOUS (FARMAN) DECREE

INSTRUCTING THE JUDGES AS FOLLOWS .
(1) Praise be to God, Now then, Justice is an Important Obligation
(2) Treat the People Equally, in thy company, in thy presence and in
thy . Decisions
(3) The weak should not despair of your justice, and the high placed
. Should Not have any hope of your favour
(4) The onus of proof is on the plaintiff
(5) If the defendant had no proof or witnesses then he should be made
to . Take an oath
(6) Compromise is permissible provided it does not turn the lawful into
, unlawful and the unlawful into lawful
…….Continued
JUDICIAL REFORMS
Implemented By OMAR(2)

OMAR’S VERY FAMOUS (FARMAN) FURTHER DECREES

INSTRUCTING THE JUDGES AS FOLLOWS . …Continued
(7) Let nothing prevent you from changing your decision of yesterday
. If after consideration, Your previous judgement appears to have been .
Incorrect. (8)
When you are in doubt about a Question and you find nothing in
the . Quran or the Sunnah of the Prophet, think over the Question
again ( and again Ponder over the
precedents and analogous cases, and then (
decide by analogy.
(9) A term should be fixed for the plaintiff to produce witnesses, if he
. Proves his case then get his right, otherwise dismiss the case.
(10)All Muslims are reliable, except those who have been flogged,or
who have borne false witness or are of doubtful mind.
JUDICIAL REFORMS
Implemented By OMAR(3)

OMAR’S VERY FAMOUS (FARMAN) FURTHER DECREES

INSTRUCTING THE JUDGES AS FOLLOWS . …Continued
(11) No man who was not wealthy and high-placed should be
appointed . a judge.
(12) QADIs (Judges) were not permitted to engage in trade or
buy and . sell in the markets.
(13) The Plaintiff and the Defendant should be treated as
equal in all . respects in terms of treatment, courtesies, respect,
honouring etc. . till such time that the case is decided
(14) Number of Judges to be in Proportion To The
Population. (15) Principle of Calling “Expert Witnesses “ was
established. .
. . . . . . . Continued
JUDICIAL REFORMS
Implemented By OMAR(4)

OMAR’S VERY FAMOUS (FARMAN) FURTHER DECREES

INSTRUCTING THE JUDGES AS FOLLOWS . …Continued
(16) In order to make the courts accessible to all without let or
. hindrance there were no separate court houses and the
Mosques . Were used for the purpose of hearing and deciding on
cases. (17) No
expenses were to be borne in the Prosecution of Suits (18)
Institutions of Legal Consultations (Darul-IFTA) were established .
in all the major towns staffed by recognised JURICONSULTS (19)
Only Capable, Learned and Responsible persons would be .
Appointed as JURICONSULTANTS (20)
Only those who had Permission / Authority direct from the Caliph .
Were allowed to infer, interpret or pronounce on the Law.
JUDICIAL REFORMS
Implemented By OMAR(5)

OMAR’S VERY FAMOUS (FARMAN) FURTHER DECREES

INSTRUCTING THE JUDGES AS FOLLOWS . …Continued
(21) Names of the Mufti(s) or JURICONSULTS were announced
at ) Public Meetings and Gatherings
SOME PROMINENT JUDGES
DURING OMAR’S
CALIPHATE(1)
ZAID b. THABIT
Sayyidna ZAID b. THABIT was appointed Judge in the Capital City
Madinah. He had been an Amanuensis of the Holy Prophet for recording
revelations of the QURAN was well versed in Syriac and Hebrew was
considered par excellence in the branch of the law relating to
“Obligations”. He was also the Secretary of the Commission that was set
up to compile the QURAN in it’s first Earthly Book Form. He was also
the only person on the 2nd Occasion in the company of the Holy Prophet
when He had recited the whole QURAN to Sayyidna Gibraeel
.. ….Continued
SOME PROMINENT JUDGES
DURING OMAR’S
CALIPHATE . (2) . .

ABDULLAH b. MASUD
Abdullah b. Mas’ud was the Judge of the city of KUFA.His scholarship
and judicial Acumen were well known. He is considered the father of the
HANAFI LAW
QADI SHURAIH
Qadi (Judge) SHURAIH succeeded Abdullah b. Masud in 19 A.H., who
though not a companion of the Holy Prophet was famed throughout
Arabia for his intelligence and sagacity, and to this day many people
regard him as a model for all judges. Sayyidna ALI regarded him as
“Aqd-ul-Arab” or the most judicious of all the judges of Arabia
. . . . . . .Continued
SOME PROMINENT JUDGES
DURING OMAR’S
CALIPHATE . (3) . .

IBADA b. al-SAMAT
Ibada b. al-Samat who was the Judge of PALESTINE was one of the
only 5 men who had memorised the whole HOLY QURAN during the
time of the Holy Prophet
KA’AB b SUR AL-AZDI
Qadi (Judge) Ka’ab b. Sur al-Azdi QADI of Basrah was a man of keen
Insight and Wide Understanding, several of whose decisions and dicta
have been reported by Imam Ibn Sirin.
OTHER LEADING QADIS (JUDGES) INCLUDE…..
Ma’mar al-Jamhi, Ibn Maryam al-Hanafi, Salman b. Rabiat-ul-Bahali,
Abdur-Rahman b. Rabi’ah, Abu Qarat al-Kindi & Imran b. al-Hasin
WITNESSESSESTABLISHED
DURING OMAR’S CALIPHATE.
. .
AN EXAMPLE
In suits involving questions of technique, experts of the particular
science or art were called in to give evidence in court
For instance, Hatiyya wrote against Zabarqan b. Badr a satirical
couplet.in which. However, the point of satire was not apparent. It was a
case of poetical technique.
Omar therefore called Hassan b. Thabit, a poet of great distinction and
eminence to give “expert witness” and then delivered judgement
according to the opinion of the Expert Witness.
Similarly, experts of physiognomy were called as witnesses in cases of
disputed heredity.
INSTITUTION OF
JURICONSULTS IN THE REIGN
OF OMAR (1)
BACKGROUND
The establishment of an Institution of Juriconsults was a superb
contribution of Islam in the field of the Administration of Justice.It’s
establishment was based on the Principle that everyone should know
their bounds and limits to their social behaviour and also of others, and if
someone was not sure about how a law was applicable to their particular
situation, then they should have unrestricted access to those who were
well qualified to explain the law to them as it applied to them.

INSTITUTION OF JURICONSULTS ESTABLISHED

Islamic System of Administration of Justice therefore gave rise to this
specialised institution for consultation on matters of law and this is
called DARUL-IFTA where capable JURISTS called the FUQAHA
would be
INSTITUTION OF
JURICONSULTS IN THE REIGN
OF OMAR (2)

INSTITUTION OF JURICONSULTS . . . . . . . Continued

Would be available for every body to consult and seek advice from.
Thus, anyone who wished to enquire about a point of law would
approach this institution and it’s Jurists who were obliged to explain to
the inquirer with great care and , if necessary after thorough research the
necessary information about the law so that nobody can plead ignorance
of the law applicable to their particular suits.
It is not very clear if the prospective litigants were obliged to consult
with the jurists of this institution before embarking their suits. But, what
is very likely to have happened is, that litigants so enlightened would as
a result of this consultation before hand, know what is likely to be the
Judges decision . .. / , , , , , , , Continued
INSTITUTION OF
JURICONSULTS IN THE REIGN
OF OMAR (3)

INSTITUTION OF JURICONSULTS . . . . . . . Continued

It is also possible, that many Plaintiffs having consulted the JURISTS of
this Institution and being told what the law says about their particular
situation, may have decided not to pursue their claims if the futility of
their suits were made clear to them before they approached the Court,
knowing fully well that the JUDGE is most likely to decide on the case
based on the same explanation of the law that was previously put to them
by the Juriconsults.This may have also saved the Judges and the Courts a
lot of time which would otherwise have been unnecessarily used in
litigations not soundly based on law and hence futile.
On the positive side, for a poor man with absolutely no knowledge of the
law and even less of a standing in terms of resources…./ ….Continued
INSTITUTION OF
JURICONSULTS IN THE REIGN
OF OMAR(4)
INSTITUTION OF JURICONSULTS . . . . . . . Continued
This Institution with the very rich and valuable advise given by it’s
Juriconsults would have given the poor man the confidence to pursue
his suit with vigour even if the defendant on the other side was the
Caliph himself.
FEATURES OF THE JUSTICE
DEPARTMENT UNDER OMAR’s
REIGN(5)
SUMMARY
The Strict Principles of the Administration of the Justice Department
under OMAR’s Reign stipulated that (1)
Everybody should be Treated Equally in the Administration of .
Justice
(2)It should be without let or hindrance.
(3)Therefore no separate Court Houses were built and the Mosques
. were used for the purpose because they afforded free public access
. and because of their very nature, there was no possibility of any
. Secrets being hidden from anyone.
(4)A Chain of Darul-IFTA(s) {Institutions of Juriconsults}were set up
in . all town centres to provide to all and sundry, Professional and High
. Calibre legal consultations.
QIYAS (PRINCIPLE OF ANALOGICAL DEDUCTIONS)
THE JEWEL IN OMAR’S CROWN OF JUDRIDICAL
MODERNISATION (1)

SUMMARY
One of the Finest contributions made by OMAR to rightly guide the
Muslims for ever after the passing away of the Holy Prophet(s.a.w.), was
the Principle of QIYAS which he developed that, in matters of day to
day affairs of life, if there was an issue on which there was no direct
reflective guidance either from the QURAN or from the SUNNAH then
life should not be allowed to come to a stand still situation. Reasoning &
Equity should be brought into play to Deduce New laws that should be
evolved and developed from analogous situations of the past, and be
relevant and suitably applicable to the modern, new , changed or
developed situations or circumstances,”so long as the new law or
principle arrived at through this process of analogical analysis does
not render lawful something that is un-lawful and vice-versa”
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION(2)

SUMMARY …….Continued
An analogous situation could be described as thus , that first, there was
one Big Candle (Quran) from which another Candle was lit (The Sunnah
of the Holy prophet) and then from these two Candles other candles were
lit, and whilst each additional candle in time was a new candle in itself
however, the flame of each of these new candles drew their light from
either of the two original candles, further that,it is perfectly possible for
any new candle to have drawn it’s light from another of the subsequent
candles, so long as it can be assured that the lights drawn by the various
candles in the chain can be traced through an un-broken link to either of
the two original candles that is, the QURAN or the Prophetic Traditions.
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION(3)
.

SUMMARY …….Continued
Thus, each new, subsequent or latter day candle is illuminating it’s own
immediate sphere of influence, but the light that is shining on the new
situation has been drawn after analogical deductions that can be traced
back to the original light source whilst ensuring that the Spectrum of the
new light does not violate or contradict the Spectrum of any of the two
original sources of light.
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION(4)
.

QIYAS - FURTHER DEFINITION PREREQUISITES &

EXAMPLES
QIYAS has been described as reasoning by analogy or logical deduction.
Another definition of QIYAS is to “Generalise a particular ruling of
other cases on account of features common to both”
IJTIHAD, IJMA & QIYAS
IJTIHAD on the other hand is best defined as the exercise of Personal
Judgement in the absence of a direct ruling from the QURAN or the
HADITH and devoid of any examples of similitude, whereby the
MUJTAHID is bringing to bear upon a situation or suit his own personal
understanding and then giving a judgement based on it.
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION (5)
.

QIYAS - FURTHER DEFINITION PREREQUISITES &

EXAMPLES . . . . . . . Continued

IJMA is then a decision making process which is necessitatedbecause

of the same limiting causes as those meriting IJTIHAD but here, there
are more than one person involved in the process all of whom come
together to discuss the matter and then arrive at a decision by consensus
or a decision by a majority depending on the rule in practice of that time.
QIYAS is then different from both IJTIHAD and IJMA in the sense, that
whilst it is necessitated also due the absence of any direct reference from
the QURAN or the HADITH , but here, there is the benefit of hindsight
due to other cases possessing common features with the issue at hand.
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION (6)
.

QIYAS - FURTHER DEFINITION PREREQUISITES &

EXAMPLES . . . . . . . Continued
QIYAS is not necessarily solely an individual’s exercise, it can also
come about as a result of IJMA , indeed many of the QIYAS delivered by
OMAR himself came about after discussion and consultations with
other Companions

PRE-REQUISITES FOR QIYAS

The Two Pre-Requisites for QIYAS are :
(1)The Method should only be applied to those
cases in which there is no clear ruling available either from the QURAN
or the HADITH (2)There must be Common Elements between the
Issue at hand and the one from which the new ruling is to be deduced
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION (7)
.

QIYAS - FURTHER DEFINITION PREREQUISITES &

EXAMPLES . . . . . . . Continued
OMAR WAS THE FIRST ONE TO SET OUT THESE
FOUNDING PREREQUISITES FOR QIYAS
In a FARMAN (Formal Set of Instructions) to a Governor Abu Musa
Ash’ari with respect to Judicial Procedures, OMAR’s instructing words
were “When you do not find a judgement in the QURAN or the
HADITH and you are not sure as to how you should decide on the
matter, then ponder over the question, and ponder over it again. Then
look for the dicta on like and similar issues and decide accordingly.
This then was the FIRST Formal Setting Out of the Pre-Requisites
for the Use of the Judicial Method of QIYAS
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION (8)
.

AN EXAMPLE OF QIYAS
During the days of the Holy Prophet, Horses were exempt from the
payment of ZAKKAH, because, this was the time when Muslims
generally were not prosperous, and if someone had a horse then they
would use it for many different purposes including the use of that horse
to go for Jihad, hence they were exempt from the levy of ZAKKAH.
However, in the time of OMAR, time had moved on, and the Economic
and Social Circumstances of the Muslims had advanced to the extent that
now there were More Muslims who were Prosperous such that Muslims
had begun to possess horses not just for personal use but also as ……./
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION (9)

AN EXAMPLE OF QIYAS
Items of Merchandise, therefore it was not right, in the light of changed
circumstances to continue the blanket exemption on horses.
OMAR, being the Wise and Forward looking ruler that he was, thought
that it is not right to continue with the old rule even though the
circumstances had significantly changed, even though the traditionalists
were horrified at the idea of removing an exemption granted by the Holy
Prophet.
He therefore resolved this Struggle between the traditionalists who
would prefer to keep things as they are in spite of the ………../
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION (10)

AN EXAMPLE OF QIYAS
Changed Circumstances and the Forward Looking, By developing this
Principle of QIYAS which uses Reasoning and Equity and aims to do
an Analogical Analysis of each New Situation and deduce new laws by
way of an Analogical Deduction from cases of similitude whilst all the
time Drawing Fundamental Guidance from the Two Original Sources of
Law, that of the QURAN and the Other being the Prophetic Traditions
OMAR then using the Principle of QIYAS maintained with force, that
with reference to this particular situation of exemption of the levy of
Zakkah on Horses, the Prophetic Act of exemption will be maintained
for individuals whose circumstances are such that they have only ONE
horse which they use for many different purposes ………………../
QIYAS THE JEWEL IN OMAR’S CROWN OF
JUDRIDICAL MODERNISATION (11)

AN EXAMPLE OF QIYAS …….Continued

Including personal use. However, if someone was prosperous enough
that they had horses not only for personal use but also as items of
merchandise, than in view of this changed situation, the exemption will
be removed from those horses which serve as items of merchandise.
IJTIHAD
OMAR’s JUDICIAL ACUMEN(1)

OMAR CURTAILED MANY FALLICIOUS RELGIOUS

PRACTICES & BELIEFS & IMPROVED SOME OTHERS
USING IJTIHAD

1st INCIDENT
Once OMAR was returning from Hajj & On the way they came across a
Mosque where the Holy Prophet had once prayed, in view of this
association people rushed towards the mosque, OMAR admonished them
saying that people of other faiths had gone astray by worshipping the
relics of their Prophets.
IJTIHAD
OMAR’s JUDICIAL ACUMEN(2)

OMAR CURTAILS MANY FALLICIOUS RELGIOUS

PRACTICES & BELIEFS & IMPROVED SOME OTHERS
USING IJTIHAD ………Continued
2nd INCIDENT
One of the rites of Hajj is to Touch (if possible) the Black Stone as
homage to it because of It’s celestial origin. However, when OMAR was
leading his first Hajj Delegation as the Caliph, and the rites came to the
point of touching the Black Stone, it suddenly dawned on OMAR that
the idol worshippers who were watching the Muslims from a top the
surrounding the hills might conjecture that Muslims are also
worshipping a Stone idol, He then quickly addressed the stone in a Loud
Voice Saying “O Stone, I am touching you only because this was the
practice of the messenger of Allah, But You as a stone have no power
IJTIHAD
OMAR’s JUDICIAL ACUMEN(3)

OMAR CRIMINALISES THE WRITING OF SATIRES

In the early days the most professional vehicle of lampooning rivals and
adversaries was satirical poetry. So much so that as a last ditch resort, the
Quraish had resorted to writing Satires against the Holy Prophet(s.a.w.)
who had permitted a Muslim Poet by the name of Hassan b. Thabit to
respond by writing reverse satirical poetry against the Quraish. His
Poems had remained in vogue even after the Quraish had embraced
Islam
After his ascension to Caliphate, OMAR ordered that those poems
should no longer be recited as they revived memories of ancient enmity.
Omar had in fact CRIMINALISED the writing of Satires
IJTIHAD
OMAR’s JUDICIAL ACUMEN(4)

OMAR CRIMINALISES THE WRITING OF SATIRES . . . . . . /

OMAR had once imprisoned Huttaya a famous Poet of that time, and
released him only after getting assurances that he will not write another
Satire again.
IJTIHAD
OMAR’s JUDICIAL ACUMEN(5)

OMAR CURTAILS MANY FALLICIOUS RELGIOUS

PRACTICES & BELIEFS & IMPROVED SOME OTHERS
USING IJTIHAD …….Continued

3rd INCIDENT
The Holy Prophet, had on a historic Occasion taken an Oath to death
from the Muslims whilst sitting under a tree. Later on people had started
to visit the place and began to regard that tree as something sacred.
And since, as stated in an earlier case, OMAR had cautioned the
Muslims that people of other faiths had gone astray because they had
started worshipping relics of their prophets.Therefore, in order to prevent
Muslims from falling into the same error,OMAR had that tree Uprooted.
IJTIHAD
OMAR’s JUDICIAL ACUMEN(6)

OMAR CURTAILS MANY FALLICIOUS RELGIOUS

PRACTICES & BELIEFS & IMPROVED SOME OTHERS
USING IJTIHAD . . . . . . . Continued

4th INCIDENT The Rite of RAML

One of the rites of Hajj is that of RAML which consists of easy running
in the first three circles of circumambulating the Ka’aba. This came
about as a response to the rumours that the Kuffar had been spreading
about the Muslims suggesting that they were so emaciated due to poverty
and starvation that they would not be able to circumambulate the Ka’aba.
When the Holy Prophet heard about this rumour that the Kuffar were
spreading about the Muslims, he ordered them to easy run rather than
IJTIHAD
OMAR’s JUDICIAL ACUMEN(7)

OMAR CURTAILS MANY FALLICIOUS RELGIOUS

PRACTICES & BELIEFS & IMPROVED SOME OTHERS
USING IJTIHAD . . . . . . . Continued

4th INCIDENT ….. just walk, so that the rumour is scoffed and the
Muslims are seen as strong and healthy rather than as weak and
emaciated as the Kuffar were suggesting.
However, this was done for a specific reason in response to a rumour that
the Kuffar were spreading rather than on any reasoned theological
grounds . OMAR, when he became Caliph had a mind to abolish this
rite, but allowed it to be maintained only as a matter of remembrance of
the Holy Prophet rather than as his Practice. A famous companion
Abdullah b. Abbas when told that the people regard RAML as a
 OMAR’s PROFOUND
INSIGHT & JUDICIAL
SKILLS (1)
DISBURSEMENTSof the one-fifth share of the Spoils of war.
The QURANIC verse dealing with this issue says: “Whatever spoils of
war you capture, one-fifth of it belongs to ALLAH and his Apostle,
and to the near of kin, and to the poor and to the wayfarers”
Context of the above Quranic Verse: Owing to the preoccupation of
the Holy Prophet(s.a.w.) with the advancement of his Prophetic Mission
and the affairs of the State, he had no time to engage in any work to earn
his living in order to maintain his next of kin. Therefore, a way had to be
found to provide resources to the Holy Prophet(s.a.w.) to enable him to
maintain his family and next of kin.Thus the above and similar other
verses were revealed apportioning a one-fifth share of the State
Revenues for this specific Purpose and also to help the Poor, the needy
and the Wayfarers and for those whose hearts had to be won.
 OMAR’s PROFOUND
INSIGHT & JUDICIAL
SKILLS(2)
DISBURSEMENTSof the one-fifth share of the Spoils of war. …/
and the wayfarers and for those whose hearts had to be won.
Just because mention is made in such verses of the Holy Prophet(s.a.w.)
and his nest of kin, people allow their emotions to get the better of them
and wrongly assume that the whole of the one-fifth is reserved for the
Holy Prophet(s.a.w.) and his next of kin forgetting the remainder of the
verse which also mentions the poor the needy and the wayfarers and
those whose hearts needed to be won.

It was therefore of utter importance that this verse is properly understood

and even more important is, that it is correctly and impeccably applied
because it would have very significant impact on the affairs of the state
in future and any wrong application could by default establish system of
 OMAR’s PROFOUND
INSIGHT & JUDICIAL
SKILLS(3)
DISBURSEMENTSof the one-fifth share of the Spoils of war. …/
dynasties which we all know does not and should not exist in Islamic
Law.
One other factor that people generally fail to realise is, that there is a
precise definition of the next of kin that should be derived in the context
of such verses.Here, next of kin means only those members of the Holy
Prophet’s Household(s.a.w.) for whom he is directly responsible for their
maintenance and does not include the wider family members, especially
not those who are of independent means.

Hence, using his Profound Insight and Judicial Acumen, OMAR

CONCLUDED the following Principles……/
 OMAR’s PROFOUND
INSIGHT & JUDICIAL
SKILLS(4)
(1) That, this principle applied so long as the Holy Prophet(s.a.w.) was
alive and that it did not apply to his next of kin in perpetuity.Thus, laying
down very firmly,that there is no system of Dynastiesin Islam.
(2)That this one fifth should not be an ipso-facto share irrespective of
their prosperity and applied only on basis of need. Hence,
(3)The Caliph of the day had the right to increase or decrease the shares
of each of the sharers according to their needs and circumstances
(4)That after the passing away of the Holy Prophet(s.a.w.) if any one
was awarded any such share or any allowance from the state treasury,
then it was done so because of the evidence of their closeness to the
Holy Prophet(s.a.w.) and not necessarily due to their relationship with
him
 OMAR’s PROFOUND
INSIGHT & JUDICIAL
SKILLS(5)
(5)EVEN for the Disbursements of ZAKAT the Principle was
established that, whilst the QURANIC verse identifies 8 groups of
people who are entitled to receive help from the ZAKAH funds. To
whichever group it is given the purpose of the ZAKAH is fulfilled. It is
not necessary per-force to create 8 groups, because in any one society
not all of the entitled groups may exist if that society is prosperous and
affluent. And, even if all the 8 groups do exist in a society, then it is not
necessary that each of those 8 groups will receive equal share, because
disbursements will have to be made in proportion of each group’s needs
and not on the basis or proportion of their existence.
The 8 Groups who are entitled to receive benefits from the Zakah funds
are (1) The Poor (2)The Needy (3)The Administrators of the fund
(4)Those whose hearts need to be won (5)Prisoners of War (6)The
OMAR’s PROFOUND INSIGHT
& JUDICIAL SKILLS(6)

OMAR ESTABLISHES SOME VERY IMPORTANT ISLAMIC

PRINCIPLES.
1st : On one occasion OMAR and a party were travelling some where
and in the course of a journey they stopped by a Pond. One Amr b. Al-As
who was in the company in his enthusiasm to ensure the suitability of the
water from that pond to be used for drinking purposes, enquired from the
village people around that pond, if wild animals drank from that pond?
On hearing this question being asked, OMAR asked the people not to
tell ---This intervention by OMAR established a very Important Islamic
Principle that: IF a thing is evidently Alright, then one must take it
for use and one is then not obliged to look too deeply into it. Thus,
people should not involve themselves into hair-splitting.
 OMAR’s PROFOUND
INSIGHT & JUDICIAL
SKILLS(7)
OMAR ESTABLISHES SOME VERY IMPORTANT ISLAMIC
PRINCIPLES………/
1St ……/:Thus, if there is no obvious evidence of in-correctness or
mishap or wrong-doing in a situation, than one must not assume
presence of wrongfulness and then go tearing like a bull in a china shop
trying to look for evidence that may or may not exist.

2nd. PRINCIPLE As long as we have done our best, then, even if the
situation that develops later on shows the action to have been
incorrect, then there is no pecuniary sanction because we did our best
OMAR’s PROFOUND INSIGHT
& JUDICIAL SKILLS(8)
SHOULD A PARTICULARISED CONTEXT OF A QURANIC
VERSE BE ALLOWED TO LIMIT THE APPLICATION OF
IT’S INJUNCTION ?
With reference to the Verse of the QURAN that “When QURAN is
recited, listen to it with attention” some scholars have drawn this
inference from this verse that, during the prayers when an Imam is
reciting the Surah-e-Fateha, those standing behind should not do so.
Some one then opined on this inference, that, this particular verse of the
QURAN was revealed about the Friday Sermon when, prior to the
revelation of the verse, people use to chat and gossip whilst the
OMAR’s PROFOUND INSIGHT
& JUDICIAL SKILLS(9)

SHOULD A PARTICULARISED CONTEXT OF A QURANIC

VERSE BE ALLOWED TO LIMIT THE APPLICATION OF
IT’S INJUNCTION?. . . . . . ./

Friday Sermon was going on, and therefore in order to encourage the
people to remain silent whilst the Friday Sermon was being delivered,
this particular verse was revealed, hence, due to this particular scenario
for which the verse was revealed they surmise that it is not applicable to
recitation within the prayers. In response to this criticism, the Fuqaha
And the Imam who had drawn that inference relating this Quranic Verse
also to the recitation within the prayers, suggested that even if a
Quranic Verse was revealed in a particular context, however the
Injunction carried in that verse can and may have wider general
applications.
FIRST FORMAL SETTING UP OF A

PUBLIC TREASURY
UNDER OMAR’s REIGN(1)
HISTORICAL BACKGROUND
During the Life Time of the Holy Prophet and even during the time of
the Caliphate of the 1st Caliph Abu Bakr there was NO formal structure
of a Public Treasury. Any Monies, Goods or Spoils of War received for
the benefit of the people at large were distributed forthwith on receipt
and hence no need had arisen as yet for the storage of the receipts.
A possible reason for this immediate [upon arrival]distribution of any
receipts was that during the Days of the Holy Prophet and also during the
days of the Caliphate of Abu Bakr Muslims were still largely un-settled
and relatively poor having faced elements of persecution and eviction.
Hence there were still a large number of Muslims who were ../ continued
FIRST FORMAL SETTING UP OF A

PUBLIC TREASURY
UNDER OMAR’s REIGN(2)
HISTORICAL BACKGROUND . . . . . . . Continued
In a situation of want, hence there was no reason for wasting any time in
storing the receipts when there were people waiting to receive benefits
eagerly awaiting the next receipt therefore there was an immediate
turnaround of the receipts going to the waiting needs.
In terms of numbers, the last big amount to be received during the Time
of the Holy Prophet was a sum of 800,000 dirhams, the land tax from
Bahrain, which was immediately distributed among the people on receipt
Caliph Abu Bakr also followed the same principle of immediate upon
arrival distribution of receipts. However, according to one report…../
FIRST FORMAL SETTING UP OF A

PUBLIC TREASURY
UNDER OMAR’s REIGN(3)
HISTORICAL BACKGROUND . . . . . . . Continued
Things had begun to change in the later part of his Caliphate, and these
reports suggest that Caliph Abu Bakr had in fact set aside and earmarked
a house to be used as a Treasury. But then again Caliph Abu Bakr was
the foremost in insisting on a verbatim adherence to the traditions of the
Holy Prophet one of which was the immediate upon arrival distribution
of receipts, so much so that, although as has been suggested, that he had
actually set-aside and earmarked a house to be used as a state treasury,
when the accounts of the treasury were checked on his death, the balance
of only one dirham was found
FIRST FORMAL SETTING UP OF A

PUBLIC TREASURY
UNDER OMAR’s REIGN(4)
EASTABLISHMENT OF THE PUBLIC TREASURY
About the 15 A.H. OMAR appointed Abu Hurraira the Governor of
Bahrain who at the end of his first year of governorship of Bahrain went
to Madina to report on his first year to the Caliph and he took with him
500,000 dirhams [it is not clear as to what this was in result of ; ZAKAH
given by the people of Bahrain? or Land Tax ? or some other source of
revenue?, what it was from we don’t know. However, if it was Land Tax
then it is surprising to note that this was considerably less than the
800,000 that came during the last Days of the Holy Prophet]

What ever this was, as soon as this money arrived, OMAR Convened an
Immediate session of the Consultative Assembly and informed them
about the receipt of this money and asked them to Consider ………/
FIRST FORMAL SETTING UP OF A

PUBLIC TREASURY
UNDER OMAR’s REIGN(5)
EASTABLISHMENT OF THE PUBLIC TREASURY
…../ What should be done with this money? The traditionalists among
them were keen on distributing it among the people, but Othman
opposed the idea {however, we have no idea about why he opposed that
idea as no mention has been made if he gave any reason for not wanting
to immediately distribute the money} However, a member of this
consultative assembly by the name of Walid b. Hisham, informed
everybody that he had seen in Syria Offices of Treasury & Accountancy
being maintained.
The above observation of Walid b. Hisham was taken as a very good idea
so much so that OMAR acquiesced to it and immediately set about
establishing the first of the many treasuries to be built in the realm……/
FIRST FORMAL SETTING UP OF A

PUBLIC TREASURY
UNDER OMAR’s REIGN(6)
A CENTRAL TREASURY & PROVINCIAL TREASURIES
…../ A Central Treasury was established at Madinah and Abdullah b.
Arqam an Eminent Companion of the Holy Prophet was appointed the
first Head of the Treasury.
Besides the Capital, Treasuries were also established at the Provincial
Headquarters and eminent social personalities were appointed as officers
of these first Islamic Treasuries
PUBLIC WORKS DEPARTMENT
UNDER OMAR’s
REIGN(1)
AMIR-UL-MU’MININ’S CANAL
Amr b Al-As under the instructions of OMAR constructed a Canal that
connected the RIVER NILE to the RED SEA. The length of the Canal
was about 70 miles and it was completed in just 6 months. The benefit of
this Canal was that ships sailing it could get easy access to Jeddah the
port City closest to Madinah the Capital of the Islamic State.

THE FORE RUNNER OF THE SUEZ CANNAL

AMR b. Al-AS the governor of Egypt who had constructed this canal
linking the River Nile to The Red Sea, had in fact Originally submitted a
Plan in which he had proposed to connect the Mediterranean Sea to the
Red Sea. Had this plan been accepted than the present day Suez Canal
would have been built nearly 1400 years ago.
PUBLIC WORKS DEPARTMENT
UNDER OMAR’s
REIGN(2)
OTHER CANALS BUILT IN OMAR’S REIGN
Some of the Other famous Canals built in OMAR’s reign include:
(1)ABU MUSACanal cut from the river Tigris carried water 9 miles .
further to the city of Basrah
(2)MA’QAL Canal also cut from the River Tigris was built under
the . supervision of the pious Companion Ma’qal b. Yasar
(3) SA’AD Construction of this Canal was started under the
supervision . Of Sa’ad b. Umar but was abandoned some way through
after they . found that the route of the Canal was obstructed by a
mountain. The . excavation work was picked up later on by one Hajjaj
who cut a . channel through the mountain and thus completed the
work for the . Canal
.
PUBLIC WORKS DEPARTMENT
UNDER OMAR’s
REIGN(3)
FOUNDING OF THE CITIES
(1) BASRAH : For security against sea raids from Persia and India
OMAR Ordered that a city should be founded near the port known as
Aballah where ships plying the Persian Gulf use to Anchor. The site and
aspect of the town was chosen by OMAR.
A Canal was dug from River Tigris ten miles away and brought to the
town Basrah. The Population of Basrah then increased leaps and bound
and at one stage had reached 200,000
FAME OF THE CITY OF BASRAH
The first Arabic Dictionary ever written was compiled in this City
The development of Arabic Prosody and the development of Music
also began at Basrah
Saibwiyah the first writer of Syntax received his education here
PUBLIC WORKS DEPARTMENT
UNDER OMAR’s
REIGN(4)
FOUNDING OF THE CITIES
(2) KUFAH :Founded in 17 AH this was another of the important cities
built during the time of OMAR. The aspect of the land was pleasant and
it was only two miles away from the EUPRATES and some of the very
famous Arab Flowers grew there such as Uqhawan, Shaqaiq, Qiasum and
Khazami. The idea of Having Main Roads, sub-roads, streets and lanes
was put into effect here, as records tell us that the main roads were 40
cubits wide, secondary roads 30 cubits wide, sub-roads 20 cubits wide
and lanes were 7 cubits wide.
The Population of Kufah at that time was about 40,000 and the Main
Mosque of the City was built to such a scale that it could accommodate
all the 40,000 inhabitants at one time.
PUBLIC WORKS DEPARTMENT
UNDER OMAR’s
REIGN(5)
FOUNDING OF THE CITIES
(2) KUFAH …../ :In front of the mosque, a large pavilion about 200
cubits long was built which was supported by Marble Columns secured
from the palaces of ancient Iran. However,these marble columns wern’t
just commandeered, but OMAR had ordered that the Magians who were
the heirs by default of the ancient emperors of Persia the Khusroeas be
compensated for them and the price for the marble columns was
credited against the accounts of Jiziyah of those magians the amount due
being reduced accordingly.

In a Census taken in 64 A.H. nearly 50 years after the formation of the

City there were found to be 70,000 dwellings
PUBLIC WORKS DEPARTMENT
UNDER OMAR’s
REIGN(6)
FOUNDING OF THE CITIES
(2) KUFAH …../ :The intellectual history of KUFAH is highlighted by
such facts that Imam Abu Hanifa had founded the Society for the
Development of FIQH. The glittering list of the intellectual luminaries of
that age who were born in Kufah include Ibrahim Nakai, Hammad,
Imam Shubi and the most well known of them all ,Imam Abu Hanifa

(3) FUSTAT: Fustat is the Arabic word for tent and the name of the city
owes it’s origins to the tent of Amr b. Al’As although the name of the
actual town is QASR-UL-SHAMA. The tent which he had left behind as
he advanced on to Alexandria was found still standing on his return after
the liberation of Alexandria.
PUBLIC WORKS DEPARTMENT
UNDER OMAR’s
REIGN(7)
FOUNDING OF THE CITIES
(3) FUSTAT……/: Amr b. Al’As after liberating Alexandria had wanted
to set up the Provincial Capital there, however, since Alexandria was on
the other side of the Nile, Caliph OMAR did not approve of the idea
because his firm practice was to expand the empire in contiguous land
masses so that any one part of the Empire could be reached by traveling
by land without having to cross rivers, seas etc.
Founded in 21 A.H., the records have it that the City of FUSTAT once
had36 mosques, 8 thousand Roads and 1170 public baths
THE TREATY OF JERUSALEM
RIGHTS OF Non-
Muslims(1)
This is the protection which the Servant of ALLAH, OMAR, has
granted to the people of Ailiya
The Protection is for their lives and properties
For their Churches and Crosses
Their Sick and their Healthy
And For All Their Co-Religionists
Their Churches will not be used for habitation, nor shall they be
demolished nor shall any injury be done to them or to their
compounds or to their crosses, nor shall their properties be injured
in any way
There shall be no compulsion on them in the matter of Religion, nor
shall any of them suffer any injury on account of their religion
THE TREATY OF JERUSALEM
RIGHTS OF Non-
Muslims(2)
The people of Ailiya Undertake to pay Jiziyah like the inhabitants of
any other City
The Life and Property of a departing Roman shall be safe until he
reaches a place of safety
And any Roman who makes his domicile shall be safe and shall pay
Jiziyah
If any of the inhabitants wish to leave with the departing Romans
and wish to take their properties away with them, then they will be
safe until they reach their place of safety
THE TREATY OF JERUSALEM
RIGHTS OF Non-
Muslims(3)
Whatever is written herein is under the Covenant of ALLAH and the
responsibility of His Apostle, of the Caliphs and of the Believers as
long as the people of Ailiya pay the Jiziyah imposed on them

Witnesses to this deed are Khalid b. Walid. ‘Amr bin Al-As, ‘Abd Al-
Rahman b. ‘Auf and Mawiyah b. Abi Sufyan - Written
15 A. H.
CONSPIRATORS
Non-Muslims In An Islamic
State(1)
Conspirators of ARBSUS
On the borders of Syria and Asia Minor was a city called Arbsus which
passed into Muslim Hands and with whom the usual treaty was signed.
But the inhabitants of that city maintained secret relations with the
Romans informing them of any troop movements which was a clear cut
treachery.

The penalty that OMAR prescribed for them for their treachery, was that
he ordered the Governor Umair b. Sa’ad to prepare an inventory of all
their property, lands, cattles and houses and offer to purchase them at
“DOUBLE” their price on condition that they emigrate to where ever
they liked.
CONSPIRATORS
Non-Muslims In An Islamic
State(2)
The Second alternativethat was offered to the people of Arbsus was
that they would be given a respite of 1 year during which they were
expected to mend their ways
And, Only if they refused both the options that is either accept Double
the Price for their properties and emigrate to a place of their choice or
mend their ways within a respite period of 1 year, then and only then
would they be exiled.
Conspirators of FIDAK
When the order was given for the expulsion of the conspirators of the
land of FIDAK, OMAR sent an expert to appraise the value of their
lands, gardens and other properties, and the price so fixed was given to
them from the Public Treasury
CONSPIRATORS
Non-Muslims In An Islamic
State(3)
Conspirators of NAJRAN
Also, when the Conspirators of NAJRAN were ordered to transfer their
residence to Iraq or Syria, the terms granted to them contained the
following provisions:
In Iraq or Syria, wherever they should settle, the local government
should give them lands for building their houses and for cultivation. And.
If they should seek help from any Muslim then they should be given that
help.
They were also exempt from Jiziyah for Two Years