Written1 for (Malik) al-Ashtar an-Nakha'i, when the position of Muhammad ibn Abi Bakr had become precarious, and Amir al-mu'minin had appointed al- Ashtar as the Governor of Egypt and the surrounding areas; it is the longest document and contains the greatest number of beautiful sayings.
In the Name of Allah, the Compassionate, the Merciful
This is what Allah's servant 'Ali, Amir al-mu'minin, has ordered Malik ibn al-Harith al-Ashtar in his instrument (of appointment) for him when he made him Governor of Egypt for the collection of its revenues, fighting against its enemies, seeking the good of its people and making its cities prosperous.
He has ordered him to fear Allah, to prefer obedience to Him, and to follow what He has commanded in His Book (Qur'an) out of His obligatory and elective commands, without following which one cannot achieve virtue, nor (can one) be evil save by opposing them and ignoring them, and to help Allah the Glorified, with his heart, hand and tongue, because Allah whose name is Sublime takes the responsibility for helping him who helps Him, and for protecting him who gives Him support. He also orders him to break his heart off from passions, and to restrain it at the time of their increase, because the heart leads towards evil unless Allah has mercy.
The qualifications of a governor and his responsibilities
Then, know, O Malik, that I have sent you to an area where there have been governments before you, both just as well as oppressive. People will now watch your dealings as you used to watch the dealings of the rulers before you, and they (people) will criticise you as you criticised them (rulers). Surely, the virtuous are known by the reputation that Allah circulates for them through the tongues of His creatures. Therefore, the best collection with you should be the collection of good deeds. So, control your passions and check your heart from doing what is not lawful for you, because checking the heart means detaining it just half way between what it likes and dislikes.
Habituate your heart to mercy for the subjects and to affection and kindness for them. Do not stand over them like greedy beasts who feel it is enough to devour them, since they are of two kinds, either your brother in religion or one like you in creation. They will commit slips and encounter mistakes. They may act wrongly, wilfully or by neglect. So, extend to them your forgiveness and pardon, in the same way as you would like Allah to extend His forgiveness and pardon to you, because you are over them and your responsible Commander (Imam) is over you while Allah is over him who has appointed you. He (Allah) has sought you to manage their affairs and has tried you through them.
Habituate your heart to mercy for the subjects and to affection and kindness for them. Do not stand over them like greedy beasts who feel it is enough to devour them, since they are of two kinds, either your brother in religion or one like you in creation. They will commit slips and encounter mistakes. They may act wrongly, wilfully or by neglect. So, extend to them your forgiveness and pardon, in the same way as you would like Allah to extend His forgiveness and pardon to you, because you are over them and your responsible Commander (Imam) is over you while Allah is over him who has appointed you. He (Allah) has sought you to manage their affairs and has tried you through them.
Do not set yourself to fight Allah because you have no power before His power and you cannot do without His pardon and mercy. Do not repent of forgiving or be merciful in punishing. Do not act hastily during anger if you can find way out of it. Do not say: "I have been given authority, I should be obeyed when I order," because it engenders confusion in the heart, weakens the religion and takes one near ruin. If the authority in which you are placed produces pride or vanity in you then look at the greatness of the realm of Allah over you and His might the like of which might you do not even possess over yourself. This will curb your haughtiness, cure you of your high temper and bring back to you your wisdom which had gone away from you.
Beware of comparing yourself to Allah in His greatness or likening yourself to Him in His power, for Allah humiliates every claimant of power and disgraces every one who is haughty.
Do justice for Allah and do justice towards the people, as against yourself, your near ones and those of your subjects for whom you have a liking because if you do not do so you will be oppressive, and when a person oppresses the creatures of Allah then, instead of His creatures, Allah becomes his opponent, and when Allah is the opponent of a person He tramples his plea; and he will remain in the position of being at war with Allah until he gives it up and repents. Nothing is more inducive of the reversal of Allah's bounty or for the hastening of His retribution than continuance in oppression, because Allah hears the prayer of the oppressed and is on the look out for the oppressors.
Do justice for Allah and do justice towards the people, as against yourself, your near ones and those of your subjects for whom you have a liking because if you do not do so you will be oppressive, and when a person oppresses the creatures of Allah then, instead of His creatures, Allah becomes his opponent, and when Allah is the opponent of a person He tramples his plea; and he will remain in the position of being at war with Allah until he gives it up and repents. Nothing is more inducive of the reversal of Allah's bounty or for the hastening of His retribution than continuance in oppression, because Allah hears the prayer of the oppressed and is on the look out for the oppressors.
Ruling should be in favour of the people as a whole
The way most coveted by you should be that which is the most equitable for the right, the most universal by way of justice, and the most comprehensive with regard to the agreement among those under you, because the disagreement of the common people sweeps away the arguments of the chiefs while the disagreement of the chiefs can be disregarded when compared with the agreement of the common people.
No one among those under you is more burdensome to the ruler in times of ease, less helpful in distress, more disliking of equitable treatment, more importunate in asking favours, less thankful when given (anything), less appreciative of reasons at the time of refusal, and weaker in endurance at the time of the discomforts of life than the chiefs. It is the common people of the community who are the pillars of the religion, the power of the Muslims and the defence against the enemies. Your leanings should therefore be towards them and your inclination with them.
The one among the people under you who is furthest from you and the worst of them in your view should be he who is the most inquisitive of the shortcomings of the people, because people do have shortcomings and the ruler is the most appropriate person to cover them. Do not disclose whatever of it is hidden from you because your obligation is to correct what is manifest to you, while Allah will deal with whatever is hidden from you. Therefore, cover shortcomings so far as you can; Allah would cover those of your shortcomings which you would like to remain under cover from your subjects. Unfasten every knot of hatred in the people and cut away from yourself the cause of every enmity. Feign ignorance from what is not clear to you. Do not hasten to second a backbiter, because a backbiter is a cheat although he looks like those who wish well.
The one among the people under you who is furthest from you and the worst of them in your view should be he who is the most inquisitive of the shortcomings of the people, because people do have shortcomings and the ruler is the most appropriate person to cover them. Do not disclose whatever of it is hidden from you because your obligation is to correct what is manifest to you, while Allah will deal with whatever is hidden from you. Therefore, cover shortcomings so far as you can; Allah would cover those of your shortcomings which you would like to remain under cover from your subjects.
About counsellors
Do not include among those you consult a miser who would keep you back from being generous and caution you against destitution, nor a coward who would make you feel too weak for your affairs, nor a greedy person who would make beautiful to you the collection of wealth by evil ways. This is because miserliness, cowardice and greed are different qualities that an unfavourable opinion of Allah brings together.
The worst minister for you is he who has been a minister for mischievous persons before you, and who joined them in sins. Therefore, he should not be your chief man, because they are abettors of sinners and brothers of the oppressors. You can find good substitutes for them who will be like them in their views and influence, while not being like them in sins and vices. They have never assisted an oppressor in his oppression or a sinner in his sin. They will give you the least trouble and the best support. They will be most considerate towards you and the least inclined towards others. Therefore, make them your chief companions in privacy as well as in public.
Then, more preferable among them for you should be those who openly speak better truths before you and who support you least in those of your actions which Allah does not approve in His friends, even though they may be according to your wishes. Associate yourself with God-fearing and truthful people; then educate them, so that they should not praise you or please you by reason of an action you did not perform, because an excess of praise produces pride and drives you near haughtiness.
The virtuous and the vicious should not be in equal position before you because this means dissuasion of the virtuous from virtue and persuasion of the vicious to vice. Keep everyone in the position which is his. You should know that the most conducive thing for the good impression of the ruler on his subjects is that he should extend good behaviour towards them, lighten their hardships, and avoid putting them to unbearable troubles.
The virtuous and the vicious should not be in equal position before you because this means dissuasion of the virtuous from virtue and persuasion of the vicious to vice. Keep everyone in the position which is his. You should know that the most conducive thing for the good impression of the ruler on his subjects is that he should extend good behaviour towards them, lighten their hardships, and avoid putting them to unbearable troubles.
You should therefore, in this way follow a course by which you will leave a good impression with your subjects, because such good ideas will relieve you of great worries. Certainly, the one most entitled to have a favourable impression of you is he whom whom you have treated well, and the one most entilted to have a bad opinion of you is he whom you have treated badly.
Do not discontinue the good practices which the earlier people of this community had acted upon, by virtue of which there was general unity and through which the subjects prospered. Do not innovate any line of action which injures these earlier practices because (in that case) the reward for those who had established those practices will continue, but the burden for discontinuing them will be on you. Keep on increasing your conversations with the scholars and discussions with the wise to stabilize the prosperity of the areas under you, and to continue with that in which your predecessors had established.
The different classes of people
Know that the people consist of classes who prosper only with the help of one another, and they are not independent of one another. Among them are the army of Allah, then the secretarial workers of the common people and the chiefs, then the dispensers of justice, then those engaged in law and order, then the payers of head tax (jizyah) and land tax (kharaj) from the protected unbelievers and the common Muslims, then there are the traders and the men of industry and then the lowest class of the needy and the destitute. Allah has fixed the share of every one of them and laid down His precepts about the limits of each in His Book (Qur'an) and the sunnah of His Prophet by way of of a settlement which is preserved with us.
Now the army is, by the will of Allah, the fortress of the subjects, the ornament of the ruler, the strength of the religion and the means of peace. The subjects cannot exist without them while the army can be maintained only by the funds fixed by Allah in the revenues, through which they acquire the strength to fight the enemies, on which they depend for their prosperity, and with which they meet their needs. These two classes cannot exist without the third class namely the judges, the executives and the secretaries who pass judgements about contracts, collect revenues and are depended upon in special and general matters.
And these classes cannot exist except with the traders and men of industry, who provide necessities for them, establish markets and make it possible for others not to do all this with their own hands. Then is the lowest class of the needy and the destitute support of and help for whom is an obligation, and everyone of them has (a share in) livelihood in the name of Allah. Everyone of them has a right on the ruler according to what is needed for his prosperity. The ruler cannot acquit himself of the obligations laid on him by Allah in this matter except by striving and seeking help from Allah and by training himself to adhere to the right and by enduring on that account all that is light or hard.
And these classes cannot exist except with the traders and men of industry, who provide necessities for them, establish markets and make it possible for others not to do all this with their own hands. Then is the lowest class of the needy and the destitute support of and help for whom is an obligation, and everyone of them has (a share in) livelihood in the name of Allah. Everyone of them has a right on the ruler according to what is needed for his prosperity.
1. The Army
Put in command of your forces the man who in your view is the best well - wisher of Allah, His Prophet and your Imam. The chastest of them in heart and the highest of them in endurance is he who is slow in getting enraged, accepts excuses, is kind to the weak and is strict with the strong; violence should not raise his temper and weakness should not keep him sitting.
Also associate with considerate people from high families, virtuous houses and decent traditions, then people of courage, valour, generosity and benevolence, because they are repositories of honour and springs of virtues. Strive for their matters as the parents strive for their child. Do not regard anything that you do to strengthen them as big nor consider anything that you have agreed to do for them as little (so as to give it up), even though it may be small, because this will make them your well-wishers and create a good impression of you. Do not neglect to attend to their small matters, confining yourself to their important matters, because your small favours will also be of benefit to them while the important ones are such that they cannot ignore them.
Put in command of your forces the man who in your view is the best well - wisher of Allah, His Prophet and your Imam. The chastest of them in heart and the highest of them in endurance is he who is slow in getting enraged, accepts excuses, is kind to the weak and is strict with the strong; violence should not raise his temper and weakness should not keep him sitting.
That commander of the army should have such a position before you that he renders help to them equitably and spends from his money on them and on those of their families who remain behind so that all their worries converge on the one worry for fighting the enemy. Your kindness to them will turn their hearts to you. The most pleasant thing for the rulers is the establishment of justice in their areas and the manifestation of the love of their subjects, but the subjects' love manifests itself only when their hearts are clean. Their good wishes prove correct only when they surround their commanders (to protect them). Do not regard their positions to be a burden over them and do not keep watching for the end of their tenure. Therefore, be broad-minded in regard to their desires, continue praising them and recounting the good deeds of those who have shown such deeds, because the mention of good actions shakes the brave and rouses the weak, if Allah so wills.
Appreciate the performance of every one of them, do not attribute the performance of one to the other, and do not minimize the reward below the level of the performance. The high position of a man should not lead you to regard his small deeds as big, nor should the low position of a man make you regard his big deeds as small.
Refer to Allah and His Prophet the affairs which wory you and matters which appear confusing to you, because, addressing the people whom Allah the Sublime, wishes to guide, He said:
O you who believe! Obey Allah and obey the Prophet and those vested with authority from among you: and then if you quarrel about anything refer it to Allah and the Prophet if you believe in Allah and in the Last Day (of Judgement). . . (Qur'an, 4:59)
Referring to Allah means to act according to what is clear in His Book and referring to the Prophet means to follow his unanimously agreed Sunnah in regard to which there are no differences.
Appreciate the performance of every one of them, do not attribute the performance of one to the other, and do not minimize the reward below the level of the performance. The high position of a man should not lead you to regard his small deeds as big, nor should the low position of a man make you regard his big deeds as small.
2. The Chief Judge
For the settlement of disputes among people select him who is the most distinguished of your subjects in your view. The cases (coming before him) should not vex him, disputation should not enrage him, he should not insist on any wrong point, and should not grudge accepting the truth when he perceives it; he should not lean towards greed and should not content himself with a cursory understanding (of a matter) without going thoroughly into it.
He should be most ready to stop (to ponder) on doubtful points, most regardful of arguments, least disgusted at the quarrel of litigants, most patient at probing into matters and most fearless at the time of passing judgement. Praise should not make him vain and elation should not make him lean (to any side). Such people are very few.
For the settlement of disputes among people select him who is the most distinguished of your subjects in your view. The cases (coming before him) should not vex him, disputation should not enrage him, he should not insist on any wrong point, and should not grudge accepting the truth when he perceives it; he should not lean towards greed and should not content himself with a cursory understanding (of a matter) without going thoroughly into it.
Then, very often check his decisions and allow him so much money (as remuneration) that he has no excuse worth hearing (for not being honest) and there remains no occasion for him to go to others for his needs. Give him that rank in your audience for which no one else among your chiefs aspires, so that he remains safe from the harm of those around you. You should have a piercing eye in this matter because this religion has formerly been a prisoner in the hands of vicious persons when action was taken according to passion, and worldly wealth was sought.
1. This document, which deserves to be called the constitution of Islamic polity, was prepared by the person who was the greatest scholar of Divine law and acted upon it more than anyone else. From the study of Amir al-mu 'minin's way of governance in these pages it can be concluded that his aim was only the enforcement of Divine law and the improvement of social conditions, and not to disrupt public security or to fill treasures by plunder, or to strive to extend the country's boundaries by fair means or foul. Worldly governments generally adopt such constitutions which cater to their utmost benefit and try to change every law which is against that aim or is injurious for their objective. But every article of this constitution serves as a custodian of common interests and protector of collective organization. Its enforcement has no touch of selfishness or any iota of self- interest. It contains such basic principles of the fulfilment of Allah's obligations, the protection of human rights without distinction of religion or community, the care of the destitute and the poor and the provision of succour to the low and the down-trodden from which full guidance can be had for the propagation of right and justice, the establishment of peace and security, and the prosperity and well-being of the people.
Amir al-mu'minin wrote this instrument for Malik ibn al-Harith al- Ashtar, when he was appointed the Governor of Egypt in 38 A. H. Malik al-Ashtar was one of the chief companions of Amir al-mu'minin. He had shown great endurance and steadfastness and perfect confidence and trust in Amir al-mu'minin. He had attained the utmost nearness and attachment to him by moulding his conduct and character after the conduct and character of Amir al-mu'minin. This can be gauged by Amir al-mu'minin's words: "Malik was to me as I was to the Messenger of Allah." (lbn Abi'l-Hadid, vol.15, p.98;al-A'lam, vol.6, p.131). Malik al-Ashtar too, actuated by self- less feelings of service, took a very active part in military encounters and proved himself to be Amir al-mu'minin's arm in all battles and encounters. He showed such feats of courage and daring that his bravery was acknowledged throughout Arabia. Along with this bravery he was also conspicuous in endurance and forebearing. In this connection, Warram ibn Abi Firas an-Nakha'i has written that once Malik was passing through the market of Kufah with the dress and turban made of gunny-cloth when a shopkeeper finding him in this condition and clothing, he threw some rotten leaves upon him, but he did not at all mind this dirty behaviour, nor did he even look at him. Rather, he quietly stepped forward. Then someone said to this shopkeeper, "Do you know to whom you have been so insolent?" He replied that he did not know who he was, whereupon he said that it was Malik al-Ashtar, the companion of Amir al-mu'minin. Hearing this, he lost his senses and at once ran behind him to seek pardon for this insolence and humiliating ti!'tment. While in his search he reached a mosque where Malik was offering prayers. When he finished the prayers this man went forward and fell on his feet and begged pardon with great pertinacity and weeping. Malik raised the man's beard up and said, "By Allah, I have come to the mosque to pray to Allah to forgive you. I myself had pardoned you that very moment, and I hope Allah too will pardon you." (Tanbihu 'l-khawatir wa nuzhatu 'n-nawazir, vol.1, p.2;al-Bihar, vol.42, p.157). This is the forgiveness and tolerance of a warrior at who name courage trembled, and whose swordsmanship was acknowledged by the brave men of Arabia. And this is the real sign of bravery that a man should exercise self-control during bitterness of anger and rage and endure hardships with patience and calmness. In this connection, Amir al-mu'minin's saying is that, "The bravest of men is he who over-powers his passions."
However, besides these characteristics and qualities, he had a perfect aptitude for organization and administration. Thus, when the 'Uthmani (al-'Uthmaniyyah) party began to spread the germs of destruction in Egypt and tried to upset the law and order of the country by mischief and revolt then Amir al-mu'minin removed Muhammad ibn Abi Bakr from the govern-ship and decided to appoint Malik al-Ashtar in his place, although at that time he was posted as the Governor of Nasibin. However, Amir al-mu' minin sent him word that he should name someone as his deputy and come to Amir al-mu'minin. On receipt of this order Malik al-Ashtar appointed Shabib ibn 'Amir al-Azdi in his place and himself came to Amir al-mu'minin. Amir al- mu'minin gave him a warrant of appointment and sent him off to Egypt, and also sent a written order to Egyptians to obey him. When Mu'awiyah got the news of Malik al-Ashtar's appointment through his spies he was perplexed because he had promised 'Amr ibn al-'As that he would give him the govern- ship of Egypt in reward of his services and he had hoped that 'Amr ibn al-'As would easily defeat Muhammad ibn Abi Bakr and wrest the power from him, but could not imagine conquering Egypt by defeating Malik al-Ashtar. He therefore decided to do away with him before he took over the charge. For this he arranged with a landlord of the city of al-'Arish (or al-Qulzum) that when Malik passed through al-'Arish on his way to Egypt he should kill him by some device or other and in reward for this the revenue of his estate would be written off. So, when Malik al-Ashtar reached al-'Arish with retinue and force the chief of al-'Arish gave him a good ovation and insisted on having Malik as his guest. Malik agreed and stayed at his place. When he finished the meal the host gave him some syrup of honey to drink in which he had mixed with poison. Soon after drinking it the poison began to show its effect and before the eyes of everyone this great warrior known for his swordsmanship and for putting the rows of the enemy to flight calmly went into the embrace of death.
When Mu'awiyah got news of his success of this device he was overjoyed and shouted in merriment, "Oh, honey is also an army of Allah", and then said during a speech:
'Ali ibn Abi Talib had two right hand men. One was chopped off on the day of Siffin and he was 'Ammar ibn Yasir, and the second has been severed now and he is Malik al-Ashtar.
But when the news of Malik's assassination reached Amir al-mu'minin, he was highly grieved and sorrowful, then he said:
Malik! Who is Malik? If Malik was a stone, he was hard and solid; if he was a rock, he was a great rock which had no parallel. It seems his death has made me also lifeless. I swear by Allah that his death made the Syrians joyous and insulted the Iraqis.
Then he continued:
Women have become barren to give birth to such as Malik. (at-Tabari, vol.1, pp.3392-3395; Ibn al-Athir, vol.3, pp.352-353; al-Ya'qubi, vol.2, p.194; al-Isti'ab, vol.3, p.1366; Ibn Abi'l-Hadid, vol.6, pp. 74-77; Ibn Kathir, vol.7, pp.313-314; Abu'l-Fida', vol.1, p.179)
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