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The peace treaty of Imam Hasan (as) 4 - Al-Shia The Scientific and Cultural Website of Shia belief The peace treaty of Imam Hasan (as) 4 2023-04-04 681 Views Mu’awiyah , Imam Hasan al-Mujtaba , Peace Treaty In this part of the article titled “The peace treaty of Imam Hasan (as)”, we shall give other relevant responses to the question.
Contents Reply Twelve Reply Thirteen –The Tulaqa cannot be Caliphs (3) Reply Fourteen – Mu’awiya took the Caliphate by force Reply Fifteen– Imam Hasan (as) said he had the right to kill Mu’awiya Reply Twelve According to Sunnies it is permissible to make peace with unjust people.
We read in one of the esteemed Hanafi works ‘al Hidayah’(1) Kitab al Adab also in ‘Sharah Hidayah (2): ثم يجوز التقلد من السلطان الجائر كما يجوز من العادل لأن الصحابة تقلده من معاوية والحق كان بيد علي رضي الله تعالى عنه والتابعين تقلدوه من الحجاج وكان جائزا “It is permissible to be appointed as a Judge by an unjust ruler, in the same way as it is the case of a just ruler. This is because the Sahaba were appointed Judges under Mu’awiya, even though the truth was with Ali [ra].
The Tabieen were appointed as Judges by Hajjaj, even though he was unjust”. Hidayah contains the Fatwa that both Mu’awiya and Hajjaj were unjust and the Sahaba would accept the position of a judge from the unjust rulers. We appeal to justice. When the Sahaba made peace agreements with the unjust Mu’awiya and Hajjaj did they also become unjust in the process? If they did then we congratulate you for being the adherents of bulk of unjust companions.
If they did not, then in the same way the Sahaba did not become transgressor / sinners for entering into such agreements, there was nothing wrong with Imam Hasan (as) making peace with unjust Mu’awiya. This Fatwa will be an eternal slap on the face of the Nasibis.
Reply Thirteen – The Tulaqa cannot be Caliphs (3) Asad’ul Ghaba: “Umar said that caliphate will remain with the participants of Badr and the Tulaqa and their children have no share in it” Mu’awiya out of deperation embraced Islam after the conquest of Makka, and such people are deemed the’Tulqa’ and according to Umar such people have no right to become Khalifas.
Shah Waliyullah commented in Izlatul Khifa,(4) that: “One who does not satisfy the conditions to be khalifa, but takes the seat by injustice is a sinner” Based on these comments, we can conclude that Shah Waliullah deemed even Mu’awiya’s claim to be khalifa to constitute a sin.