Misaq E Madina .Pdf
Total Page:16
File Type:pdf, Size:1020Kb
ISLAMIC AND PAKISTANI RENAISSANCE SERIS BOOKS MISAQ-E-MADINA OR The Constitution of Medina THE POLTICAL IDEAS OF PROPHET MUHAMMAD,saw ON WHICH ISLAMIC STATE WAS FORMED AND WHICH IS REGARED AS The world’s earliest known written constitution AND ALL WESTERN AND MODERN DEVELOPED COCITIES AND COUNTRIES ARE ORGANISED BUT SADLY MUSLIMS NEITHER STUDY IT IN COLLOGES, MADARIS ON WHICH TO ORGANISE MUSLIM SOCIETIES GP.CAPT® IMTIAZ ALI ORIGINAL RESEARCH CENTER PICKERING. CANADA 5, NOVEMBER, 2017 INTRODUCTION OUR PRIME MINISTER HAS GIVEN A NATIONAL AIM OF REORGANIZING OUR DETABILISED SOCIAL SOCIETY ON PRINCIPLES SET BY OUR HOLY PROPHET AND PRACTICED IN MADINA STATE. IT IS UNFORTUNATE THAT NO MUSLIM COUNTRY IS ORGANISED OR RUNNING ON MADINA CONSTITUTION AND THUS WE HAVE NO LIVING MODEL WHICH WE CAN COPY. THEREFORE THE CONCEPT OF ISLAMIC SYASTEM IS STILL CONFUSED AND NOT UNDERSTOOD BY US ALL MUSLIMS. WE HAVE THREE THOUGHTS ON THIS. a. POLTICAL ISLAM THIS AIMS AT TAKING OVER GOVT OF A COUNTRY BY RELIGIOUS LEADERS/ RELIGIOUS POLITICAL PARTIES AND THEN IMPLEMENTING ISLAMIC LAW BY FORCE OF AUTHORITY OF SATE> SUCH ATTEMPTS HAVE FAILED REPEAREDLY IN DISTANT PAST AND RECENTLY AS WELL. b. THEOCRACY> THIS MODEL IS NOT LIKED ANY WHERE IN THE WORLD>SO IT HAS NO CHANCE BUT RELIGIOUS ARE OF THIS MIND BUT IN DEMOCRATIC POLITICAL SYSTEMS THEY HAVE NO CHANCE OF SUCCESS> c. MADINA MODEL> THIS IS NEITHER OF THE TWO ABOVE> IT IS BASED ON SOCIAL ORGANIS ATION AND IS BASED ON ISLAMIC CULTURE LIKE HUMAN RIGHTS, EQUALITY AND JUSTICE <BEST CHARACTER LIKE TRUTHFULNESS HONESTY< HUMAN SERVICE< BEST PUBLIC DEALINGS< MADINA WAS A MULTI RELIGIOUS AND MULTI CULTURAL SOCIETY.THEREFORE,OUR PROPHET HAD TO FIND A COMMON CAUSE ON WHICH ALL PEOPLE OF MADINA COULD GET TEGETHER AND COOPERATE TO MAKE IT A SUCCESS . 1- THEREFORE<HE DID NOT MAKE RELIGION AS THE BASIS OF RELATIONS BETWEEN DIFFERENT GROUPS> BECAUSE RELIGIONS ALWAYS DIVIDE> THEREFORE, INSTEAD OF RELIGION, 2- HE MADE COMMON FUTURE< AND ITS SAFEGUARD BY INTERNAL PEACE AND DEFENCE AGAINST EXTERNAL ENEMIES< AS THE BASIS OF RELATIONS >TO WHICH ALL GROUPS AGREED> 3- HE THUS MADE A WRITTEN SOCIAL CONTRACT WITH ALL TRIBES< MUSLIMS< NON MUSLIMS< AND PEOPLE OF THE BOOK JEWS.THE SOCIAL CONTRACT WAS CALLED MEESAQ MADINA/ MADINA CONSTITUTION/MADINA SOCIAL CONTRACT. MADINA CONSTITUTION IS RECOGNISED AS FIRST WRITTEN CONSTITUTION OF THE WORLD> ITS BASIC PRICIPLES CAN BE SUMMERISED AS:. 1-- THE BASIS OF RELATIONSHIP BETWEE ALL HUMAN BEINGS IN MADINA STATE WILL BECITIZENSHIP.ALL WILL BE EQUAL IN THE STATE 2. ALL DIFFERENT RELIGIOUS COMMUNITIES, WILL BE FREE TO PRACTICE THEIR RELIGIONS AND CULTURE> 3. ALL TRIBES ARE FREE TO FOLLOW THEIR CULTURAL OR FAMILY LAWS PRACTICES> 4. JUSTICE WILLBE DONE BY THE STATE WHOSE RULER WILL BE THE PROPHET< NO PRIVATE TRIBAL JUSTICE WILL BE ALLOWEDALLOWED IN FUTURE.. 5. BY THIS ARRANGEMENT< FOR THE FIRST TIME ARABS WERE INTRODUCED TO AN ESTABLISGED GOVT SYASTEM AND LOYALITY SHIFTED FROM TRIBES TO THE STATE BUT WE ARE FORTUNATE THAT THESE BASIC PRICIPLES WERE ADOPTED BY THE WESTERN CIVILZATIONS AND WERE DEVELOPED FURTHER AND ARE PRACTICED NOW IN ALL THEIR COUNTRIES AND WERE ALSO ADOPTED IN ALL EASTERN DEVELOPED COUNTRIES AND THAT’S IS WHY THEY ARE LIVING IN PEACE AND PROSPERITY> FOR WHICH WE ARE ALL PRAISES . WE SHOULD HAVE NO HESITATION IN ADOPTING THE WESTERN SOCIAL PRACTICES AS THEY BEING BASED ON OUR ISLAMIC PRINCIPLES/SYSTEM BUT ARE NOW MUCH IMPROVED AND TRIED MODEL> THANKS TO THE WESTERN CIVILZATION CIVILZATIONS LEARN FROM EACH OTHER> WEST LEARNT FROM ISLAM AND NOW IT IS OUR TURN TO LEARN IT FROM THEM AS A LIVING MODEL OF MADINA CONSTITUTION> WE SHOULD HAVE NO SHAME OR HESITATION IN ADOPTING THE WESTERN SYSTEMS AS THIS IS STRICTLY IN CONFORMITY WITH DIRECTIVE OF GOD AND OUR PROPHET < Allah Says in Quran2-269- “He gives wisdom to whom He wills, and whoever has been given wisdom has certainly been given much good/he truly hath received abundant good.” The Holy Prophet, peace be upon him had said “The HIKMA or WISDOM is the lost property of the believer, so wherever he finds it then he has a right to it.”Tirmidhi 2687 In my opinion, we have now more models to study like Japan, China, South Korea, Turkey, Malaysia in addition to Western Renaissance Model and choose the strategy. I have compiled various articles on Madina Constitution written in 622 CE for reading and pondering. I have also given Mayflower Compact written in 1620 CE by Christian immigrants to America from Europe, What was remarkable about both these particular contracts was that they were not between a servant and a master, or a people and a king, but between groups voluntarily , with God as a witness and a symbolic co-signator. I am hopeful this will clear the minds of people of Pakistan in choosing the right model out of the three above. Theocracy model is being practiced in Iran after 1979 Islamic Revolution and I leave everyone to make his own conclusions. IMTIAZ ALI Toronto Canada 06 September. 2018 The Madina Constitution (Charter) (Full Text) 622 C.E. Background to the Treaty Arabia's prevailing political conditions 1-The Arabs belonged to one ethnic race, but history does not record that they were ever united as one nation. 2-They were divided into tribes and clans, each having its own chief or chieftain. They, no doubt, spoke the same language, but each tribe followed a different dialectal variation. 3- Indeed, even religion was not a binding force. Almost every house had its own god; tribes had their own supreme deities. 4- they were frequently engaged in intensive warfare. Bakr and Taghlib had been fighting each other for forty years. Blood engagements had ruined many a tribe of Hadhramaut. Aws and Khazraj had exhausted themselves through a protracted war, and the Battle of Fijar between the Banu Qais and Quraish had not yet ended. 5-If any member of a tribe was killed, the tribe considered itself duty bound to seek revenge not merely upon the murderer but also on the tribe to which he belonged. 6-Since there was no effective machinery to settle such disputes, this invariably touched off furious wars, which lasted for generations. 7-Only a few months of the year were regarded as sacred. It was only then that bloodshed was stopped in order to facilitate the performance of the annual pilgrimage to Mecca or to do trade at Ukaz. 8-But even this convention was at times relaxed to suit the convenience of individual tribes. Only the precincts of the Ka'bah were considered sacred and were free from bloodshed. It is to this state of affairs that the Qur'an has drawn attention: Do they not see that we have made a sacred territory secure for them, while men are carried off by force all around them? (Qur'an, 29:67) 9-The conditions in the country were so insecure that even till 5 A.H., the powerful tribe of Abdul-Qais of Bahrain could not think of going to Hijaz outside the sacred months. 10-Even the caravans going to or returning from Syria were sometimes plundered in open daylight. 11-Muslims' pasturelands were at times raided. 12-Although conditions had considerably improved by then, the route to Mecca from Medina was not altogether safe until the fall of Mecca. 13-While the country was so strife-ridden internally, dangers from outside were no less. a-The Roman and Persian empires had extended their domain to the fertile provinces of Yemen, Oman and Bahrain and had established their sovereignty over them. b-The Romans had occupied Syria. Ghassan and some other Arab tribes, who had embraced Christianity, had been set up as the latter's feudatories. 14-The Romans had expelled the Jews from Syria and Palestine in the second Century B.C. These Jews had migrated to Medina and its suburbs and built strong fortresses at Medina, Khaibar, Taima, Fadak and other places. 15-Prospering themselves, the Jews were extremely jealous of prosperity in other races and strongly resented rivalry in trade business. 16-They believed themselves to be God's "chosen people" and their conduct was characterized by pride and arrogance intensified by the feeling of being secure inside their formidable fortresses. 17-It was during such times that the Prophet started his great Mission. For preparing the ground and the proper climate, the first step that he took was to unite the Ansar and the Muhajirun. As far the choice of migrating to Medina , the decision was made easier by the second „Pledge of Aqaba‟ made a year before on the occasion of the annual rites of pilgrimage. The pledge was made by seventy three men and two women of Khazraj and Aws communities of Medina. They had accepted Islam and wanted to invite the Prophet to migrate to Medina. Their motivation for this move, apart from recognizing him as the Prophet, the trustworthy, and the best in conduct in Mecca, was to bring peace and security between the Khazraj and Aws. They were often at war with each other and the Battle of Bu'ath had shattered their strength completely. They desperately needed a leader who could be trusted by both communities and bring peace in Medina. As part of the pledge, they were to protect the Prophet as they would protect their women and children if he were attacked by the Meccans. Among the people in Medina, there was a small community (three tribes) of Jews with Arab communities constituting the majority of the population.