Samarkand - Separation of powers and the rule of law

in islam •  7 years ago  (edited)

This article is a rewrite in English of a section extracted from a soon to be published book in Arabic about the Future Muslim civilization by Dr. Tareq Al-Suwaidan. There are some doubts as to the exact details involved in this event but we try to present the most authentic narrations.

Umar ibn Abdul Aziz was one of the great Caliphs of the Ummayyad rule. A short while before Umar’s became the Caliph in Damascus, Muslims had taken control of an important city in Central Asia, Samarkand (in today's Uzbekistan). Samarkand then was a great city located in North Asia with green mountains, hills and forests. It was a city filled with gold and silver, silk, porcelain and natural resources. The people of Samarkand used to worship idols they made of jewelry.

The leader of the Muslim armies that conquered Samarkand was the famous General Qutaybah bin Muslim. He had led the Muslims into control over all of modern day Central Asia (Turkistan) reaching into Xinjiang, China. Qutaybah devised a strategy in the night prior to the attack on the city. He hid his armies in the hills behind the city so they could remain unnoticed. Before sunrise, the Muslims moved quickly and attacked the city by surprise. Upon seeing this, the people retreated into their homes and the religious elite escaped to the mountains. Knowing of the horrors of war and occupation, the people of Samarkand felt anxious and stayed within their homes. As supplies began to thin, they sent their children out for stocks. The children came across a friendly people speaking in a different language with polite manners and the city showing no signs of a war having taken place a few days ago. Surprised by what their children saw, the others began to come out of their homes. They found there was no hostility from the occupying armies. The feelings of trust and tranquility began to spread amongst the people of Samarkand. People returned to their shops, farms and properties after some time. They found them intact. Soon normal life returned between Muslims and people of Samarkand. They found that Muslims faithful in their dealings; they did not lie or cheat. This impression rose when one person from Samarkand and a Muslim had a dispute. They went to the judge who judged fairly in favour of the local person.

As they understood more about Islam, the priests realized that the way the Muslims had conquered their city did not follow the Islamic procedure for combat. They were not offered the choice to accept Islam, pay the Jizyah or face war. Also the customary three days notice was not given. They assigned an individual (a delegation according to some narrations) to lodge a complaint with the Caliph Umar ibn Abdul Aziz in Damascus.

The appointed delegation arrived in Damascus and proceeded to the Umayyad Mosque of Damascus and waited while the Muslims prayed. One of them then approached the Muslims to see the leader of the Muslims. The Muslim relayed that he had just led the prayers. The Samarkand delegate was given directions to Umar’s house. The man arrived at a clay hut with Umar busy mending a broken wall. He detailed his complaint to the Caliph that, according to Muslim tradition, Muslims always gave the inhabitants of any city three options before they attacked. Qutaybah had failed to provide these options and used surprise tactics. Upon hearing this complaint, Umar wrote down a few lines and asked the man to hand the paper to the then Governor of Samarkand.

Upon returning with the letter the priests presented the letter to the Muslim Governor read “To the governor of Samarkand, peace and mercy of Allah be upon you. Appoint a judge between the priests of Samarkand and Qutaybah ibn Muslim….”, thereby investigating the complaint. The Governor appointed Jami’ ibn Hadhir Albaji as the Qadi (Judge) to adjudicate the matter. The judge wrote to the Muslim General (some narrations say that Quraybah had passed away by this point but there is no agreement) who was in China by now. He ordered that he return to face the court. The leader left his busy campaign and returned to Samarkand.

The court was set up and the judge asked the General to respond. He explained that this had been a difficult expedition and one where Muslims expected to lose more life than would be suffered by the Samarkand armies. All previous cities in the region had rejected the options given to them and thereby, in light of this precedent, it was better that the Muslims proceed with stealth and preserve the Muslim army from harm.

The judge however only wanted to know whether Qutaybah had provided the people of Samarkand with the three options as per the Islamic tradition? The General repeated that he had already answered the question and the answer was no. The judge decreed that the commander of the Muslim forces should have served an ultimatum of war to the city, and according to the Islamic Law relating to war, he should have canceled all the treaties with them so that the people of Samarqand could get time to prepare for the war. "Sudden attack on them without warning was unlawful." He said, “Qutaybah, Allah supports this nation only by the deen (Islam) and by avoiding treachery and setting up justice. We were out of our homes for jihad for Allah’s sake. We did not go out to conquer lands and occupy countries unjustly.”

He ordered that the armies free the land of Samarkand from all Muslim rule. They were required to await the expiry or cancellation of any treaties with the people of Samarkand and allow the people of the city to prepare for war. They would leave the city without anything, just as they came in. The Muslims must then provide the three conditions and wait before deciding anything.

The people watched as the Muslim armies, led by their great General and the judge and other Muslims, left the city. Just imagine. An army conquers a city and enters it. The people of that city complain to the victorious government and the judges of that government decide the case against the victorious army, and order that they leave the city. Where and when in the history of mankind do we find fighting men so strictly bound by the moral code, and followed such lofty principles of truth and justice, as demonstrated by the Muslim civilization?

What was the response then of the people of Samarkand to the three conditions? The majority of them accepted Islam upon witnessing this rare demonstration of justice and fairness. Samarkand then grew to become a great and important city in the history of Islam.

It is important to note that none of the characters involved were from the generation of the Companions. Yes they were from the early Muslim generation but they, like us Muslims today, have the Prophet and his Companions as examples. This unique episode in the Muslim history should inspire Muslims today to have a hope and vision that we should strive for. Hope for a system of government where the head of government is listens to the complaints of all. He does not decide but orders for an investigation. The judges are fair and learned. Even the powerful general with his armies will have to abide by the rules of Islam.
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