[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 Amīr al-mu’minīn’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 selfinterest. It contains such basic principles of the fulfilment of Allāh’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. Amīr al-mu’minīn wrote this instrument for Mālik ibn al-Ḥārith al-Ashtar, when he was appointed the Governor of Egypt in 38 A.H.. Mālik al-Ashtar was one of the chief companions of Amīr al-mu’minīn. He had shown great endurance and steadfastness and perfect confidence and trust in Amīr al-mu’minīn. He had attained the utmost nearness and attachment to him by moulding his conduct and character after the conduct and character of Amīr al-mu’minīn. This can be gauged by Amīr al-mu’minīn’s words: “Mālik was to me as I was to the Messenger of Allāh.” (Ibn Abi’l-Ḥadīd, vol. 15, p. 98; al-A‘lām, vol. 6, p. 131). Mālik al-Ashtar too, actuated by selfless feelings of service, took a very active part in military encounters and proved himself to be Amīr al-mu’minīn’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, Warrām ibn Abī Firās an-Nakha‘ī has written that once Mālik was passing through the market of Kūfah 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 Mālik al-Ashtar, the companion of Amīr al-mu’minīn. Hearing this, he lost his senses and at once ran behind him to seek pardon for this insolence and humiliating treatment. While in his search he reached a mosque where Mālik 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. Mālik raised the man’s beard up and said, “By Allāh, I have come to the mosque to pray to Allāh to forgive you. I myself had pardoned you that very moment, and I hope Allāh too will pardon you.” (Tanbīhu’l-khawāṭir wa nuzhatu’n-nawāẓir, vol. 1, p. 2; al-Biḥār, 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, Amīr al-mu’minīn’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 ‘Uthmānī (al-‘Uthmāniyyah) 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 Amīr al-mu’minīn removed Muḥammad ibn Abī Bakr from the governship and decided to appoint Mālik al-Ashtar in his place, although at that time he was posted as the Governor of Naṣibīn. However, Amīr al-mu’minīn sent him word that he should name someone as his deputy and come to Amīr al-mu’minīn. On receipt of this order Mālik al-Ashtar appointed Shabīb ibn ‘Amīr al-Azdī in his place and himself came to Amīr al-mu’minīn. Amīr al-mu’minīn 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‘āwiyah got the news of Mālik al-Ashtar’s appointment through his spies he was perplexed because he had promised ‘Amr ibn al-‘Āṣ that he would give him the governship of Egypt in reward of his services and he had hoped that ‘Amr ibn al-‘Āṣ would easily defeat Muḥammad ibn Abī Bakr and wrest the power from him, but could not imagine conquering Egypt by defeating Mālik al-Ashtar. He therefore decided to do away with hint before he took over the charge. For this he arranged with a landlord of the city of al-‘Arīsh (or al-Qulzum) that when Mālik passed through al-‘Arīsh 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 Mālik al-Ashtar reached al-‘Arīsh with retinue and force the chief of al-‘Arīsh gave him a good ovation and insisted on having Mālik as his guest. Mālik 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‘āwiyah got news of his success of this device he was overjoyed and shouted in merriment, “Oh, honey is also an army of Allāh”, and then said during a speech: “‘Alī ibn Abī Tālib had two right hand men. One was chopped off on the day of Ṣiffīn and he was ‘Ammār ibn Yāsir, and the second has been severed now and he is Mālik al-Ashtar.” But when the news of Mālik’s assassination reached Amīr al-mu’minīn, he was highly grieved and sorrowful, then he said: “Mālik! who is Mālik? If Mālik 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 Allāh that his death made the Syrians joyous and insulted the Iraqis.” Then he continued: “Women have become barren to give birth to such as Mālik.” (aṭ-Ṭabarī, vol. 1, pp. 3392 – 3395; Ibn al-Athīr, vol. 3, pp. 352 – 353; al-Ya‘qūbī, vol. 2, p. 194; al-Istī‘āb, vol. 3, p. 1366; Ibn Abi’l-Ḥadīd, vol. 6, pp. 74-77; Ibn Kathīr, vol. 7, pp. 313–314; Abu’l-Fidā’, vol. 1, p. 179)