Dr. Fahad al-‘Ajlan, in his book al-Hurriyaat as-Siyaasiyyaah al-Mu’aasirrah fi Daw’ Fiqh as-Sahaabah, pages 480-486, critiques the notion that any criticism of the ruler must be made solely in his presence. He provides examples from the Salaf, where criticism was voiced in the ruler’s absence. Some of these examples include:
1- ‘Imran’s criticism of Umar b. Al-Khattab’s decision to stop Hajj-at-Tamattu`.[1]
2- Ibn ‘Umar’s criticism of those who killed Husayn. Though he says “people of Iraq,” he clearly also refers to their Ameer who killed him.[2]
3- Ka’b b. ‘Ujra’s insult of Abd al-Rahman b. Umm Hakam (who was appointed by Mu’awiyah to rule over Kufa at the time).[3]
4- Umara b. Ruwaiba’s cursing of Bishr b. Marwan (a governor of Iraq at the time).[4]
5- Sa’id ibn Zayd’s criticism of the ruler (possibly al-Mughira b. Shu’bah) by labeling him as an oppressor.[5]
6- Ibn ‘Abbas’s criticism of Abdullah Ibn al-Zubair on more than one occasion.[6]
7- Abu Hurayrah’s implicit criticism of Marwan b. al-Hakam.[7]
8- Safeena’s criticism of Bani Marwan.[8]
There are additional accounts in which the companions openly criticized rulers for internal conflicts and for enacting legislation they deemed contrary to Shariah principles. These instances constitute forms of public censure of the ruler.
Whether to criticize a ruler publicly or privately (or at all) hinges on maslaha. Other factors, such as personal safety, must also be considered.
Therefore, the Salaf have no fixed stance on this matter. We must either acknowledge differences of opinion among them regarding this issue or assume that there was a unified stance, contingent on the criticism of the ruler serving a maslaha that outweighed any potential harm.
Allah knows best.
[1] Narrated `Imran:
We performed Hajj-at-Tamattu` in the lifetime of Allah's Messenger (ﷺ) and then the Qur'an was revealed (regarding Hajj-at-Tamattu`) and somebody said what he wished (regarding Hajj-at-Tamattu`) according his own opinion. [Saheeh al-Bukhari]
[2] Narrated Ibn Abi Nu'm:
A person asked `Abdullah bin `Umar whether a Muslim could kill flies. I heard him saying (in reply). "The people of Iraq are asking about the killing of flies while they themselves murdered the son of the daughter of Allah's Messenger (ﷺ) . The Prophet (ﷺ) said, They (i.e. Hasan and Husain) are my two sweet basils in this world." [Saheeh al-Bukhari]
[3] Ka'b b. 'Ujra reported that he entered the mosque and saw Abd al-Rahman b. Umm Hakam delivering the sermon in a sitting posture. Upon this he said:
Look at this wretched person; he delivers the sermon while sitting, whereas Allah said:" And when they see merchandise or sport, they break away to it and leave thee standing." [Saheeh Muslim]
[4] Umara b. Ruwaiba said he saw Bishr b. Marwan on the pulpit raising his hands and said:
Allah, disfigure these hands! I have seen Allah's Messenger (ﷺ) gesture no more than this with his hands, and he pointed with his forefinger. [Saheeh Muslim]
[5] Narrated Sa'id ibn Zayd ibn Amr ibn Nufayl:
Abdullah ibn Zalim al-Mazini said: I heard Sa'id ibn Zayd ibn Amr ibn Nufayl say: When so and so came to Kufah, and made so and so stand to address the people, Sa'id ibn Zayd caught hold of my hand and said: Are you seeing this tyrant? I bear witness to the nine people that they will go to Paradise. If I testify to the tenth too, I shall not be sinful.
I asked: Who are the nine? He said: The Messenger of Allah (ﷺ) said when he was on Hira': Be still, Hira', for only a Prophet, or an ever-truthful, or a martyr is on you. I asked: Who are those nine? He said: The Messenger of Allah, AbuBakr, Umar, Uthman, Ali, Talhah, az-Zubayr, Sa'd ibn AbuWaqqas and AbdurRahman ibn Awf. I asked: Who is the tenth? He paused a moment and said: it is I. [Sunan Abi Dawud]
[6] One example can be found in Akhbar Makkah by al-Fakihi:
حَدَّثَنَا سَلَمَةُ بْنُ شَبِيبٍ ، قَالَ : ثنا عَبْدُ الرَّزَّاقِ ، قَالَ : أنا مَعْمَرٌ ، عَنِ ابْنِ طَاوُسٍ ، عَنْ أَبِيهِ ، قَالَ : عَابَ ابْنُ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا عَلَى ابْنِ الزُّبَيْرِ رَضِيَ اللَّهُ عَنْهُمَا فِي رَجُلٍ أَخَذَهُ فِي الْحِلِّ ثُمَّ أَدْخَلَهُ الْحَرَمَ ، ثُمَّ أَخْرَجَهُ إِلَى الْحِلِّ فَقَتَلَهُ قَالَ : أَدْخَلَهُ الْحَرَمَ ثُمَّ أَخْرَجَهُ ، وَكَانَ ذَلِكَ رَجُلًا اتَّهَمَهُ ابْنُ الزُّبَيْرِ رَضِيَ اللَّهُ عَنْهُمَا فِي بَعْضِ الْأَمْرِ ، وَأَعَانَ عَلَيْهِ عَبْدَ الْمَلِكِ فَكَانَ ابْنُ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا لَمْ يَرَ عَلَيْهِ قَتْلًا ، ثُمَّ لَمْ يَلْبَثْ بَعْدَهُ ابْنُ الزُّبَيْرِ رَضِيَ اللَّهُ عَنْهُمَا إِلَّا قَلِيلًا حَتَّى قُتِلَ
The editor, Abdul Malik b. Duhaish, declared the isnad to be Saheeh (vol. 3, p. 362, narration no. 2207).
[7] Abu Zur'a reported:
I visited the house of Marwan in the company of Abu Huraira and he found pictures there. whereupon he said: I heard Allah's Messenger (ﷺ) as saying: Allah, the Glorious and Exalted, said: Who is a more wrongdoer than one who tries to create creation like Mine creation. Let him create an atom or a grain of wheat or that of barley. This hadith has been transmitted on the authority of Abu Zur'a and he said: Abu Huraira went to the house of Sa'ld or Marwan which they had built in Medina and he (Abu Huraira) saw a painter who had been painting pictures in his house, whereupon he told that Allah's Messenger (ﷺ) had said like this, but he made no mention of the words:" Let him create the grain of barley." [Saheeh Muslim]
[8] Narrated Safinah:
The Prophet (ﷺ) said: The Caliphate of Prophecy will last thirty years; then Allah will give the Kingdom of His Kingdom to anyone He wills.
Sa'id told that Safinah said to him: Calculate Abu Bakr's caliphate as two years, 'Umar's as ten, 'Uthman's as twelve and 'Ali so and so. Sa'id said: I said to Safinah: They conceive that 'Ali was not a caliph. He replied: The buttocks of Marwan told a lie.(Meaning Bani Marwan)
Br Bassam, I really like your content and how it gets into detail, and I have been one of the readers/watchers of your content since your debating times. Unfortunately, I am disappointed with this article, as it does not share the opposite view. Aqeedah of Ahlus Sunnah stressed upon not speaking against the ruler in the public for various reasons,
First, the hadith from the prophet himself,
'Iyad ibn Ghanam reported: The Messenger of Allah, peace and blessings be upon him, said, "Whoever has advice for the ruler, let him take his hand and give it privately. If he accepts it, then he accepts it. If he rejects it, the duty upon him has been fulfilled."
Source: al-Sunnah li-Ibn Abī ‘Āṣim 1098. Grade: Sahih (authentic) according to Al-Albani
Abu Bakrah (May Allah be pleased with him) reported:
I heard the Messenger of Allah (ﷺ) saying, "He who insults the rulers, Allah will insult him."
Source: At-Tirmidhi, who classified it as Hadith Hasan
Secondly, the understanding of the companions, especially the senior among them,
Anas ibn Malik reported: The eminent among the companions of the Messenger of Allah, peace and blessings be upon him, prohibited us, saying, "Do not curse your leaders, do not deceive them, and do not hate them. Fear Allah and be patient, for the matter is close at hand."
Source: al-Sunnah li-Ibn Abī ‘Āṣim 1015. Grade: Jayyid (very good), according to Al-Albani
Abu Wa'il reported: It was said to Usamah ibn Yazid, may Allah be pleased with him, "Have you not spoken to Uthman?" Usamah said, "You think I have not spoken to him unless you heard it? I have certainly spoken to him about the matter without bringing it up. I do not like to be the first to bring it up."
Source: Musnad Aḥmad 21784. Grade: Sahih (authentic) according to Al-Arna'ut
And now analyzing the narrations you presented, here is a brief reply to all the points.
1) We do not know when Imran radhiAllahuAnhu said those words, during the period of Umar radhiAllahuAnhu or after his death.
2) It's a general criticism of the people of Iraq, not specific to the ruler. Ulema usually says there is no problem when it's a general criticism, like saying our Muslim rulers should do more, etc.
3) This was clearly done in the ruler's presence, and we know that it is permissible to criticize him in his presence.
4) Same as above
5) Done privately between two people.
6) Ibn Abbas (who was amongst the Ahl al-Hall wa'l-Aqd and was not a common person) didn't give Bayah to Ibn Zubair
7) In presence
8) I need to find out the authenticity of this narration.
I think another contention worth addressing is the issue of whether this is regarded as backbiting. Since a wrong is done publicly does it mean we can criticize a ruler behind his back publicly?