The khilafat of Mu’awiya (ra) was not of a kind wherein he...
The khilafat of Mu’awiya (ra) was not of a kind wherein he was appointed by the Muslims…despite this Mu’awiya wanted to be the Khalifa, he fought in order to achieve the khilafat, and his khilafat was not dependent on the satisfaction/acceptance of the Muslims. The people did not appoint him as Khalifa, he became so by force and when he became Khalifa, people had no other choice but to give him allegiance.
Had the people not given him allegiance at that time, it would have not meant that those people had to lose their positions / ranks rather it would have meant bloodshed and disturbance which could not have been given preference over peace and order. That is why after Imam Hasan’s (ra) abdication (in Rabi al-Awwal, 41 H) all the Sahaba, Tabayeen and Muslims agreed on his allegiance and that year was called ‘Aam al Jamaat’ because of considering the fact that at least civil war was made to an end.
Mu’awiya was himself well aware of this position. He stated the following in his speech in the initial days of his Khilafat at Madina: “By Allah, while taking charge of your government I was not unaware of the fact that you are unhappy over my taking over of government and you people don’t like it.
I am well aware of whatever is there in your hearts regarding this matter but still I have took it from you on the basis of my sword… Now if you see that I am not fulfilling your rights, then you should be happy with me with whatever is there.” khilafat wa mulukiyyat,(8) citing Al Bidaya wa al Nihaya by Ibn Katheer.(9) This negates the defence advanced by Abu Sulaiman as we hear from the mouth of Mu’awiya himself that his coming to power was via the sword i.e. physical force.
Reply Fifteen– Imam Hasan (as) said he had the right to kill Mu’awiya We read in Nasa al Kifaya,(10) Dhikr Sulh Hasan: “The Khawarij opposed the peace made between Mu’awiya and Hasan. Mu’awiya approached Hasan and said “Join us to fight them”. Hasan said” It was permissible for me to make war with you, and I left this matter to protect the Muslim Ummah”.
We appeal to justice, the words of Imam Hasan (as), proves that he (as) did not deem the son of Hind to be the rightful khalifa, but rather the duty was to kill him, in the same way that at the time of the conquest of Makka, the Prophet (s) deemed it incumbent to kill Mu’awiya’s mother and Uthman’s brother.