Hazrat Umar (ra) Establishes System of Arbitration

With regard to the establishment of the department for qaza [arbitration], it is mentioned in a narration that Hazrat Umar (ra) formally established a department for qaza. Courts were established in all the provinces and the qazis [judges] were also appointed. Furthermore, Hazrat Umar (ra) legislated various injunctions related to the system of qaza.

(Al-Faruq, Shibli Naumani, pp. 195 to 198, Idaara Islamiyyat, Karachi, 2004)

Qazis were appointed from amongst those who held expertise in the field of fiqh [jurisprudence]. However, Hazrat Umar (ra) would not consider this to be enough; in fact, he would also assess their knowledge and would set a substantial amount for their salaries, lest they issued a wrong decision. Hazrat Umar (ra) would appoint the qazis from among the affluent and honourable people so that they would not become overawed by anyone when issuing their verdicts. Hazrat Umar (ra) would always instruct to uphold equality and justice in the courts. On one occasion, Hazrat Umar (ra) had a disagreement with Hazrat Ubay (ra) bin Kaab over something. Subsequently, Hazrat Ubay (ra) took his case to the court of Hazrat Zaid (ra) bin Thabit. Zaid (ra) invited Hazrat Umar (ra) and Ubay (ra) and showed great respect to Hazrat Umar (ra), but upon this, Hazrat Umar (ra) stated, “This is the first injustice you have committed.” And after saying this, he went and sat next to Ubay (ra).

(Al-Farooq, Shibli Naumani, pp. 199 to 200, Idaara Islamiyyat, Karachi, 2004)

In other words, he stated that they were both present in the capacity of two equal parties in a case and therefore should be considered as such and be given a seat next to each other and it should not be the case that he be shown respect [in a preferential manner].

Hazrat Musleh-e-Maud (ra) has related this incident and states:

“Once, the Second Khalifa (ra) had a disagreement with Ubay (ra) bin Kaab over something. The matter was presented before a judge and he called Hazrat Umar (ra). Since he was the Khalifa of the time, he gave his seat as a mark of respect. Hazrat Umar (ra), however, went and sat next to the opposing party in the case and said to the judge, ‘This is the first injustice you have committed because at this moment in time, there should be no distinction drawn between me and the other party.’”

(Ahmadiyyat Yani Haqiqi Islam, Anwar-ul-Ulum, Vol. 8, p. 300)

Hazrat Umar (ra) also established the department of ifta [issuing edicts]. In order to make people aware of the laws of the Shariah, he established the department of ifta. Hazrat Umar (ra) appointed a few companions for this and stated that no one should seek a fatwa [edict] from anyone other than them. Among those who were permitted to give the fatwa were Hazrat Ali (ra), Hazrat Uthman (ra), Hazrat Muaz (ra) bin Jabal, Hazrat Abdur Rahman (ra) bin Auf, Hazrat Ubay (ra) bin Kaab, Hazrat Zaid (ra) bin Thabit, Hazrat Abu Hurrairahra and Hazrat Abu Darda (ra). Apart from them, if anyone else issued a fatwa, they would be prohibited by Hazrat Umar (ra). Every so often, Hazrat Umar (ra) would also assess the knowledge of these various muftis.

(Al-Farooq, Shibli Naumani, p. 202, Idaara Islamiyyat, Karachi, 2004)

In relation to this, Hazrat Musleh-e-Maud (ra) states:

“One of the departments was in relation to issuing religious edicts. After the Holy Prophet (sa), during the era of the Khulafa, there was a rule that not everyone was authorised to issue religious edicts. Hazrat Umar (ra) took great caution in this regard, so much so that a companion, who was perhaps Abdullah (ra) bin Mas‘ud, who was a religious scholar and an esteemed individual, once informed the people of a matter and this was also brought to the attention of Hazrat Umar (ra). When Hazrat Umar (ra) came to know of this, he immediately questioned him that, “Are you the amir [leader], or has the amir appointed you to issue an edict as you please. The fact of the matter is that if everyone is authorised to issue edicts, it can cause many problems and it can become a source of great trial for the public. The reason for this is that at times, there are two different edicts regarding the same matter and both are correct.” In other words, the edicts are given according to the circumstances and if one delves into the details of the matter, then there is some flexibility and thereby depending on the situation, there will be a different edict given. “However, this becomes difficult to understand for the general public as to how both edicts can be deemed correct and as such, they fall into trial.’”

(Khitab Jalsa Salana 17 March 1919, Anwar-ul-Ulum, Vol. 4, p. 404)