That the two arbiters are two judges is what the document of...
That the two arbiters are two judges is what the document of arbitration spoke of. It started as follows: "This is what ‘Ali Ibn Abu Talib and Muawiya Ibn Abu Sufyan litigated for. ‘Ali litigated for the people of Iraq and those who are of their followers of believers and Muslims..."[^1] When did the faith of Islam forbid litigation and appointment of judges and the judges' exercise of their mission in settling disputes? How would disputes be settled if litigation is forbidden?
Did the "Khawarij" (Seceders) believe that the Messenger and the Caliphs were not exercising the mission of judges and appointing judges? The legality of issuing a judgment and the necessity of that is only self-evident in our religion. The Seceders raised the slogan of "There is no Rule but that of God " and I do not think they understood its meaning. Probably they took this slogan from the following Qur'anic verse: "Certainly the rule belongs only to God.
He commanded that you shall not worship but Him..." The Holy Qur'an chapter 12 verse 4l. Yet what the verse speaks of is one thing and what the Seceders understood from the verse is something else. The verse meant that the Almighty is the One Who reveals the principles and rules of the religion. He commanded that we ( His servants) worship none but Him. An arbiter or a judge is not the revealer of the religion or a worshipped person. He is only a man whose mission is to apply the rules of God.
If he does that and rules according to what God has revealed the Muslims are supposed to surrender to his rules. If he rules p a way contrary to what God has revealed the Muslims are supposed to disobey him. It is amazing that this extremist party had forgotten that the Almighty said to His Messenger and to the followers of His Messenger: "And judge between them according to what God has revealed and follow not their illegitimate desires..." The Holy Qur'an chapter 5 verse 53.
The Almighty said also to the people of the Gospel: "And the people of the Gospel should judge according to what God has revealed in it and whoever rules not in accordance with what was revealed would be the transgressors." The Holy Qur'an chapter 5 verse 51. He also said to the believers: "Certainly God commanded you to deliver the trusts to whom they belong.And if you judge among people judge equitably." The Holy Qur'an chapter 4 verse 58.