By Dr. Akram Diya al Umari
The Prophet, sallallahu `alaihi wa sallam, preached many sermons in Makkah.
In the first sermon, which was given from the door of the Ka`bah, he explained about the blood money due in cases of manslaughter which appear deliberate. He abolished all the traditions of the jahiliyyah including the traditions of revenge, except for two things: the duty of giving water to the Pilgrims, and the office of custodian of the Ka`bah; he permitted these two traditions to remain. [Ahmad, Musnad, 3/410, with an isnad which is hasan li dhatihi; Abu Dawud, Sunan 2/492, with a sahih isnad.]
In the second sermon, he announced the annulment of all alliances formed during the jahiliyyah, except for those which were formed to do good and support the truth or to help relatives. [Sahih Muslim, 2/409, Ahmad, al Musnad 2/215. His isnad includes `Abd al Rahman ibn `Abd Allah ibn `Ayyash who is saduq and sometimes confused.]
In the third sermon, he announced that Makkah was a sanctuary, and that it was forbidden to hunt, to pick wild plants, to cut down trees, and to pick up and keep any lost objects within Makkah. Fighting was prohibited there. He explained that God had permitted him to fight there only for a short while at the time of the liberation. [Sahih al Bukhari 3/17; Sahih Muslim, 2/568] He explained that there was to be no hijrah after the liberation of Makkah, only jihad and niyyah. [Sahih al Bukhari, 3/18, 4/28] Hijrah to Madinah was no longer obligatory, but the law concerning hijrah from a kafir country to an Islamic country remains valid until the Day of Judgment. [Ibn Hajar, Fath al Bari, 4/49, 7/270]. The hijrah to Madinah was instituted in order to enable the Muslims to worship their Lord in safety, to strengthen the Islamic state in Madinah in the face of its foes, and to enable them to protect the state and then expand its territory through jihad. After the liberation of Makkah, hijrah was no longer a necessity because Islam had become stronger and it was better for the Muslims to stay intheir own homes in order to establish Islamic worship and to spread the guidance of Islam to all areas. Jihad remains valid until the Day of Judgment. For this reason, the Prophet, sallallahu `alaihi wa sallam, asked the Muslims to make a pledge of Islam, iman and jihad after the liberation, but not of hijrah. [Sahih al Bukhari, 5/72, 193; Sahih Muslim, 2/26] Ibn `Umar explained this by saying, “Hijrah to the Messenger of God, sallallahu `alaihi wa sallam, was suspended after the conquest, but hijrah per se will never be suspended as long as there are kafirs to be fought.” That is, as long as there is some kafir territory in the world, hijrah remains obligatory for everybody who embraces Islam and fears that he may be enticed from his religion.” [Ibn Hajar, Fath al Bari, 7/270]
In the fourth sermon, he explained that the family of someone who is killed has the choice between taking the blood money or executing the killer in revenge. [Sahih al Bukhari, 1/38; Sahih Muslim, 1/569]
A number of laws of the Shari`ah became clear during the liberation, among which are the following: The permissibility of the traveler either fasting or breaking his fast during Ramadan, without being guilty of any sin, because the Prophet, sallallahu `alaihi wa sallam fasted during the army’s march from Madinah as far as Kadid, where he broke his fast. [Sahih Muslim 1/451]
The Prophet, sallalllahu `aliahi wa sallam, performed salat al duha, consisting of eight short rak`ahs. [Sahih al Bukhari 5/189; Sahih Muslim 1/289] This salah is sunnah mu’akkadah.
The one who is better qualified to lead the salah is the one who has memorized more of the Qur’an. [Sahih al Bukhari, 5/191]
The maximum period during which a traveler may shorten his salah: the Prophet, sallallahu `alaihi wa sallam, stayed in Makkah for nineteen days, during which time he shortened his salah. [Sahih al Bukhari, 5/190]
The validity of protection given by women: Umm Hani gave protection to two men who were her in-laws, and the Prophet, sallallahu `alaihi wa sallam, endorsed her protection. [Sahih al Bukhari 4/122] The scholars agreed that a woman’s protection is permissible. [Al Khattabi suggested this. `Awn al Ma`bud, 7/44]
The prohibition of mut`ah [temporary marriage] unions, which had been permitted for three days only, then it became haram for all time. [Sahih Muslim, 1/586-7] Mut`ah was forbidden and permitted twice. It was permissible before Khaybar, and was forbidden onthe day of Khaybar. Then it was allowed on the day of the liberation of Makkah, but it was prohibited three days later, in a prohibition which is in force until the Day of Judgment. [Al Nawawi, Sharh Saheeh Muslim, 3/553].
The explanation of the law: “The child is for the owner of the bed, and the stone is for the adulterer.” This came about through the story fo the son of slave girl Zam`ah. Sa`d ibn Abi Waqqas and `Abd ibn Zam`ah had been having a dispute concerning the child, and the Messenger, sallallahu `alaihi wa sallam, judged in favor of `Abd ibn Zam`ah, because the boy had been born on the bed of `Abd ibn Zam`ah’s father. [Sahih al Bukhari, 9/191]
The law concerning the marriage of a Mushrik whose wife becomes Muslim before he does, as happened in the case of Safwan ibn Umayyah and `Ikrimah ibn Abu Jahl. The marriage contract between them and their wives was still considered valid, because they embraced Islam before their wives’ `iddah expired. [Malik ibn Anas, al Muwatta` (al Zarqani, Sharh al Muwatta 3/156-7); Ibn Hisham, Sirah, 2/417]
The law concerning the wasiyyah (will). It is not permissible to make a will for more than one-third of one’s wealth. This is indicated by the story of Sa`d ibn Abi Waqqas. When he became ill, the Prophet, sallallahu `alaihi wa sallam forbade him to bequeath more than one-third of his wealth. [al Tirmidhi, Sunan, 3291. He said, “This is a hasan sahih hadith.” See also Ibn Hajar, Fath al Bari, 5/369]
The woman is permitted to take a reasonable amount of her husband’s money to spend on her own needs and those of her children, if her husband does not give her this money, as reported in the story of Hind bint `Utbah, the wife of Abu Sufyan, who asked the Prophet, sallallahu `alaihi wa sallam concerning this matter. [Sahih Muslim, 260]
The prohibition of selling wine, carrion and idols. [Sahih al Bukhari 3110; Sahih Muslim 1/689-690]
The explanation of the law concerning dyeing gray hairs with henna or sufrah, as in the story of Abu Quhafah, whom the Prophet, sallallahu `alaihi wa sallam, ordered to change the color of his gray hair. [Sahih al Bukhari, 3/110; Sahih Muslim 1/689-690]
The prohibition of interceding regarding one of the punishments prescribed by God after it has become known to the leader, as happened in the story of the Makhzumi woman who committed theft and whose hand was cut off. The Prophet, sallallahu `alaihi wa sallam, became angry with Usamah ibn Zayd, because he had interceded on her behalf. He said:
“O people, those who have gone before you were destroyed, because if anyone of high rank committed theft amongst them, they spared him; and if anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Him in Whose hand is the soul of Muhammad, if Fatimah the daughter of Muhammad were to steal, I would have her hand cut off.” [Sahih al Bukhari 5/192; Sahih Muslim 2/47]
This hadith includes the confirmation that all men are equal before the laws of the Shari`ah, and warns the leaders against carrying out the prescribed penalties hudud only on the weak, and not on the strong, who may try to escape punishment through intervention of influential acquaintances or by bringing pressure to bear. Undoubtedly the survival of any state or society is based mainly on the upholding of justice. If a state is an oppressor, its enemies can find a way to destroy it, because the oppression of the state gives the victims of oppression an excuse to come together and gives them an incentive to make sacrifices in order to bring about the downfall of the state.
As a result of the liberation of Makkah, the center of the Shirk camp moved from the Quraysh to the two tribes of Hawazin and Thaqif, who hastened to fill this gap and lead the Mushrikun in a war against Islam. This resulted in the Ghazwah of Hunayn and the siege of Ta’if.
Excerpted from the book Madinan Society at the Time of the Prophet
Chapter: General Features of the Islamic Interpretation of History
© 1991 IIPH