Justice in Islaam

Court of Samarkand

Samarkand is a great country located in North Asia, it has green mountains, hills and forests that you can never imagine. Samarkand is a city filled with gold and silver, silk, porcelain and natural resources. People of Samarkand used to worship the pagan idols that they made of jewelry, they put these gods in a temple in the mountains. This temple was specifically made for senior monks, and there were a lot of small temples deployed in the center of Samarkand.


In that era, Muslims were ruled by the Muslim Caliph who was an example because of his good manners and his way of worshipping god. He had many of the attributes of his grand father Al- Farouk Omar Bin Al Khattab- may Allah bless him- this Governor who governs all the country, has a kingdom which has never been owned by any one before him, not even by Persian Chosroes, Caesar Roman or Hakan. He has a kingdom extended from China to the Atlantic Ocean. His wife Fatima, the daughter of Abd al-Malik al-Khalifa and also the sister of the Caliph Suleiman, was the most honorable woman among the Arab women as seven males of her relatives were successors.



It is the Caliph Umar bin Abdul Aziz, may God have mercy on him ... ...

When the Islamic Army came under the leadership of commander. He was very seasoned, expert and tough with the disbelievers but very merciful with Muslims. His name was "Qutaybah ibn Muslim" – May Allah bless his soul and have mercy on him – when the Islamic army came on the outskirts of Samarkand, he ordered the army to go to the mountain behind the town because he didn’t want the people of Samarkand to see them. The Muslims army attacked the city and the army battalions from attacked behind the mountains as if they were a hurricane as they were very strong and fast. They reached the center of Samarkand and its conquerors cheer the remembrance of Allah. The monks fled to the great temple in the mountains and hid in their homes. The people of Samarkand didn't not go out for fear of Muslims, but for Muslims, the situation was stable.


The people of Samarkand began to come out of their homes to fetch water and food. They used to send their young children to perform these tasks and the Muslims didn’t face them, but they helped them to transfer the food and water. The children enter their houses with happiness. This situation began to spread the feelings of trust and tranquility in their hearts, and as a result, people returned to their shops, farms and properties after a short time. They found them the same as they left, nothing more or less. The normal life began to be good between Muslims and people of Samarkand in trade. They found that Muslims are faithful in their business; they did not lie or cheat. This impression rose when two persons quarreled. One of them was from the people of Samarkand, and the other was a Muslim. They went to the judge, but he judged to the man from Samarkand.

The news reached the runway monks in the mountain temple, so they said if this was their judgment, then they must have a fair ruler. They ordered their men to go to the Governor of Muslims and tell him what happened.


A young man went until he arrived at Damascus, he was full of fear and he saw a large palace. He told himself that this is the palace of their leader, but he saw people enter and exit without a visor and a sergeant. He encouraged himself to enter this place which was "the Umayyad Mosque". It was studded with precious gems, ornaments and Islamic majestic minarets. People knelt down in this wonderful place. He saw Muslims praying together and was surprised to see how those people are setting and lined up so quickly.



He stood up after the prayer; he went to a Muslim and asked about the palace of the caliph. He asked him: "Where is your leader?"

He told him: he was the man, who prayed with us, haven’t you seen him?

He said: no.

Muslim told him: "Did you pray with us?"

He said: "What is prayer?"

Muslim said: It is worshipping The Almighty Allah alone and becoming obedient to Him without any partner like the evil and immorality.

Muslim asked him: "Are not you a Muslim?"

He said: yes.

The Muslim smiled and asked him: "What is your religion?"

He said: "the religion of the priests of Samarkand".

Muslim asked: "What is their religion?"

He said: "Pagan, worshipping idols"

Muslim told him: We are Muslims worship God only.


He described caliph's home to him. The man went to that home and found an old clay house and an old man who fit the wall. His clothes were full of mud. He went back for a Muslim mosque and told him you make fun of me, I asked you about your leader and you sent me to a poor person fitting the wall.


The young man stood up until he reached the house of Omar bin Abdul Aziz, the Muslim said "this is the Prince, who fits the wall"

The young man said: "don’t make fun at me again man"
The Muslim swore by Allah saying, "This is our leader".

The young man remembered the priests and how they were so proud even to talk to people.



While the young man was still surprised, a Woman came with her son and asked the Caliph to increase its bid of money from the Muslims bank because she had many children. Suddenly, the Son of the woman hit the Caliph's son and hurt his head; they fought on a small game. The Caliph's wife hurried towards her son and carried him. She shouted at the woman. Caliph bandaged his son's head, and went out to the woman and calmed her down and took the game from his son and gave it to the woman's son. Then he told her to go to the Treasurer and say that he can increase her money.



Caliph's wife said "her son hit your son and then you raise her money". Caliph told her "you frightened her, and The Messenger of Allah peace be upon him said that whoever frightens a Muslim Allah frightens him on the Day of Resurrection......) and then completed the reformation of the wall.


The young man from Samarkand was surprised with what he saw, he dared and moved forward at a slow pace to Omar bin Abdul Aziz and said: You are the Prince of the Muslims?. The Caliph Omar answered, "Yes, and what's your business?"

The young man replied "I have a complaint about Qutaybah ibn Muslim."

The prince knew that it's not a complaint between two people.


The young man completed the complaint: Samarkand priests sent me and they told me that it's from your traditions that when you open any country, you make them choose one from three things, to invite them to Islam, tribute or war....

Caliph said: Yes, this is our custom, said that the country has the right to choose among the three…, The young man said "it isn’t your right to make a ruling or make a surprise or assaulted", Caliph said: "Yes, it is not our custom to do so and Allah Almighty ordered us not to do so, and our Prophet forbade us from being injustice". The young man said, "Qutaybah ibn Muslim did not do so, but his army surprised us..."


When the Caliph heard that he didn’t make any order, as it is not his habit to listen to one side, he decided to write to the governor. He wrote a series of lines, and ordered the young man to send it for the governor of Samarkand as he will remove the injustice happening there.


This young man went from Damascus to Samarkand wondering about what a paper can do in front of the swords of Qutaybah ibn Muslim???


When he arrived at Samarkand, he gave the paper to the priests who told him, give it to the Governor to do what's written in it. The boy went and gave it to the governor. The governor was Surprised, but he noticed the seal on the letter. He opened the letter finding that it contains the following:


"To the governor of Samarkand, peace and mercy of God be upon you, set up judge between the priests of Samarkand and Qutaybah ibn Muslim ... put yourself in the place of Qutaiba."



Caliph doesn't want to return Qutaiba and distract him from his conquests.



The Governor could not do something but doing as what was written in the lines, he appointed a judge quickly. But the judge was afraid to hide things from the governor known only to Qutaybah. The judge Select the day of tomorrow to meet in the mosque and ordered the priests to come. And ordered the people as well to come in the presence of Qutaybah ibn Muslim.



Qutaybah ibn Muslim was at that time a very strong commander who has the most powerful army in the Earth. Qutaybah ibn Muslim has completed the walk to China in the Islamic conquests. But the judge ordered him to return back, and he returned after a walk of two days.



When the priests knew that he came, they become so afraid.



Qutaybah entered the mosque and put his sword and took off his shoe ... Then the judge told him to sit next to his opponent.



Here the Court began


The priest stood up and said: Qutaybah ibn Muslim entered our country without warning the whole country, he didn't give us neither warning nor options for an invitation to Islam, tribute or war ... but he attacked us without warning ...

The judge turned to the commander Qutaybah ibn Muslim and asked "what do you say about this complaint"


Qutaiba said: "war is a trick ... this country is a great obstacle to us and all those who were like it did not resist to pay money and did not like to enter Islam, and if we fought them, they would kill from us more than we kill from them"...


And by the help of Allah and surprise we defended Muslims from great harm and the history witnesses on that... and all country behind them became so easy ... Yes we surprised them but rescued and let they know about Islam.


The judge said: "Qutaybah! Did you invite them to Islam, tribute or war??

Qutaybah said" no, we surprised them for what I told you before".


The judge said: "Qutaybah you confessed and by that the court ended"



"Qutaybah, Allah supports this nation only by religion... and by avoiding treachery, and setting up justice. we were out of our homes but for a fight (jihad) for Allah's sake ... we didn’t go out to have land and occupy the country unjustly "...


Then the judge issued the ruling: "I rule out that the armies of all Muslims of this country should get out of this country and give it to its people and give them the opportunity to prepare for the fight, and then make them choose among Islam, tribute or war. If they choose the war then we will fight… and Muslims will get out of Samarkand without any thing as they entered (i.e., with no commercial gain) and submit the city to its people, and that is the application of the law of Almighty Allah and the Sunnah of our Prophet Muhammad peace be upon him".

All Muslims began to come out of the city until the judge came out in front of the priests, the priests did not believe that. The people of Samarkand look at Muslims until they all went out and the city become empty from all Muslims...



The young priests said "what they did prove that their religion is the right, "I witness that there is no god but Allah and that Muhammad is His Messenger." All the priests pronounced that no god but Allah and that Muhammad is His Messenger and entered Islam.



That is the story of the greatest court in the history. It made people of Samarkand satisfied with the rule of Islam and as a result, people entered Islam in crowds ... even the high priest entered Islam.


And this was another page from the pages of history of Islam, which proves in every position the justice of Islam with Muslims and non-Muslims ...



By Fatma Dawood

taken from: http://www.factofarabs.net/ERA.aspx?Id=445&TID=20

References:



Book of Stories from the history, "the story of Samarkand court" by: Sheikh Tantawi



Islam and international law by Sheikh Wahbeh al-Zuhili



http://www.agmcd.org/files/docs/2000coexistencelina.htm