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 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 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. Because of wars going on for several generations, the resources of the Arabs were depleted and their influence in Medina was dwindling. The Jews were traders and many of them used to lend money at exorbitant interest. The continuing wars boosted their economy and personal wealth. History does not record much as to when first Jewish migration from north to Yathrib (Medina) began as their numbers remained small throughout their stay there. Among the major reasons for their settlements in Arabia were: the relative peace and security in north Arabia with orchards and gardens; the Arab trade route linking Yemen, Arabia, Syria and Iraq; and continuing tensions resulting from wars between the Romans and Persians in the area around the Holy Land. Some of the learned men among the Christians and Jews had also moved to this area based on their conviction that the advent of the final Prophet of God was near, who was to settle in this area. Bahira, the monk, and Salman, the Persian, were some of the people who moved to the caravan route to or near this area. Salman was told by his last Christian sage: ―HewillbesentwiththereligionofAbrahamandwillcomeforth in Arabia where he will emigrate from his home to a place between two lava tracts, a country of palms. His Signs are manifest: he will eat of a gift but not if it is givenasalms,andbetweenhisshouldersisthesealofprophesy.‖Yathrib was the only city fitting this description. The immediate result of the Prophet‟s migration to Medina was peace and unity between the communities of Aws and Khazraj. The Prophet, motivated by the general welfare of citizens of Medina, decided to offer his services to the remaining communities including the Jews. He had already laid down the basis for relationship between the Emigrants from Mecca (known as Muhajirin) and Medinites (known as the Ansar, the helpers). The Treaty between Muslims, non-Muslim Arabs and Jews of Medina was put in writing and ratified by all parties. It has been preserved by the historians. The document referred Muhammad (pbuh) as the Prophet and Messenger of God but it was understood that the Jews did not have to recognize him as such for their own religious reasons. The major parts of the document were: In the name of God the Compassionate, the Merciful. (1) This is a document from Muhammad the prophet (governing the relations) between the believers and Muslims of Quraysh and Yathrib, and those who followed them and joined them and labored with them. (2) They are one community (umma) to the exclusion of all men. (3) The Quraysh emigrants according to their present custom shall pay the bloodwit within their number and shall redeem their prisoners with the kindness and justice common among believers. (4-8) The B. ‘Auf according to their present custom shall pay the bloodwit they paid in heatheism; every section shall redeem its prisoners with the kindness and justice common among believers. The B. Sa ida, the B. ‘l-Harith, and the B. Jusham, and the B. al-Najjar likewise. (9-11) The B. ‘Amr b. ‘Auf, the B. al-Nabit and the B. al-‘Aus likewise. (12)(a) Believers shall not leave anyone destitute among them by not paying his redemption money or bloodwit in kindness. (12)(b) A believer shall not take as an ally the freedman of another Muslim against him. (13) The God-fearing believers shall be against the rebellious or him who seeks to spread injustice, or sin or animosity, or corruption between believers; the hand of every man shall be against him even if he be a son of one of them. (14) A believer shall not slay a believer for the sake of an unbeliever, nor shall he aid an unbeliever against a believer. (15) God’s protection is one, the least of them may give protection to a stranger on their behalf. Believers are friends one to the other to the exclusion of outsiders. (16) To the Jew who follows us belong help and equality. He shall not be wronged nor shall his enemies be aided. (17) The peace of the believers is indivisible. No separate peace shall be made when believers are fighting in the way of God. Conditions must be fair and equitable to all. (18) In every foray a rider must take another behind him. (19) The believers must avenge the blood of one another shed in the way of God. (20)(a) The God-fearing believers enjoy the best and most upright guidance. (20)(b) No polytheist shall take the property of person of Quraysh under his protection nor shall he intervene against a believer. (21) Whoever is convicted of killing a believer without good reason shall be subject to retaliation unless the next of kin is satisfied (with blood-money), and the believers shall be against him as one man, and they are bound to take action against him. (22) It shall not be lawful to a believer who holds by what is in this document and believes in God and the last day to help an evil-doer or to shelter him. The curse of God and His anger on the day of resurrection will be upon him if he does, and neither repentance nor ransom will be received from him. (23) Whenever you differ about a matter it must be referred to God and to Muhammad. (24) The Jews shall contribute to the cost of war so long as they are fighting alongside the believers. (25) The Jews of the B. ‘Auf are one community with the believers (the Jews have their religion and the Muslims have theirs), their freedmen and their persons except those who behave unjustly and sinfully, for they hurt but themselves and their families. (26-35) The same applies to the Jews of the B. al-Najjar, B. al-Harith, B. Sai ida, B. Jusham, B. al-Aus, B. Tha'laba, and the Jafna, a clan of the Tha‘laba and the B. al-Shutayba. Loyalty is a protection against treachery. The freedmen of Tha ‘laba are as themselves. The close friends of the Jews are as themselves. (36) None of them shall go out to war save the permission of Muhammad, but he shall not be prevented from taking revenge for a wound. He who slays a man without warning slays himself and his household, unless it be one who has wronged him, for God will accept that. (37) The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document. They must seek mutual advice and consultation, and loyalty is a protection against treachery. A man is not liable for his ally’s misdeeds. The wronged must be helped. (38) The Jews must pay with the believers so long as war lasts. (39) Yathrib shall be a sanctuary for the people of this document. (40) A stranger under protection shall be as his host doing no harm and committing no crime. (41) A woman shall only be given protection with the consent of her family. (42) If any dispute or controversy likely to cause trouble should arise it must be referred to God and to Muhammad the apostle of God. God accepts what is nearest to piety and goodness in this document. (43) Quraysh and their helpers shall not be given protection. (44) The contracting parties are bound to help one another against any attack on Yathrib. (45)(a) If they are called to make peace and maintain it they must do so; and if they make a similar demand on the Muslims it must be carried out except in the case of a holy war. (45)(b) Every one shall have his portion from the side to which he belongs. (46) The Jews of al-Aus, their freedmen and themselves have the same standing with the people of this document in purely loyalty from the people of this document. Loyalty is a protection against treachery. He who acquires ought acquires it for himself. God approves of this document. (47) This deed will not protect the unjust and the sinner. The man who goes forth to fight and the man who stays at home in the city is safe unless he has been unjust and sinned. God is the protector of the good and God-fearing man and Muhammad is the apostle of God. This text is taken from A. Guillaume, The Life of Muhammad — A Translation of Ishaq's Sirat Rasul Allah, Oxford University Press, Karachi, 1955; pp. 231-233. Numbering added. http://www.constitution.org/cons/medina/con_medina.htm The first written constitution of a State ever promulgated by a sovereign in human history emanated from the Prophet of Islam. It was enacted from the first year of Hijrah (622 CE). The treaty stipulated a city state in Medina, allowing wide autonomy to communities. Private justice was to be banished. The head of the State had the prerogative to decide who should participate in an expedition, the war and peace being indivisible. Social insurance was to be instituted. 2-The Constitution of Medina is the earliest known written constitution. It was drafted in 622. It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yathrib (later known as Medina), including Muslims, Jews, and pagans. 3-The document was drawn up with the explicit concern of bringing to an end the bitter inter tribal fighting between the clans of the Aws (Aus) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within the fold of one community-the "Ummah". 4-The Constitution of Medina, "established a kind of alliance or federation" among the eight Medinan tribes and Muslim emigrants from Mecca, which specified the rights and duties of all citizens and the relationship of the different communities in Medina (including that of the Muslim community to other communities specifically the Jews and other "Peoples of the Book"). 5-the Constitution of Medina was a social contract derived from a treaty and not from any fictional state of nature or from behind the Rawlsian veil of ignorance. The contract was built upon the concept of one community of diverse tribes living under the sovereignty of One God. Welch in Encyclopedia of Islam states: "The constitution reveals his Muhammad's great diplomatic skills, for it allows the ideal that he cherished of an ummah (community) based clearly on a religious outlook to sink temporarily into the background and is shaped essentially by practical considerations." 6-The Constitution established: the security of the community, religious freedoms, the role of Medina as a sacred place (barring all violence and weapons), the security of women, stable tribal relations within Medina, a tax system for supporting the community in time of conflict, parameters for exogenous political alliances, a system for granting protection of individuals, a judicial system for resolving disputes, and also regulated the paying of Blood money (the payment between families or tribes for the slaying of an individual in lieu of lex talionis). The Medina Constitution also instituted peaceful methods of dispute resolution among diverse groups living as one people but without assimilating into one religion, language, or culture The non-Muslims included in the ummah had the following rights: 1. The security (dhimma) of God is equal for all groups 2. Non-Muslim members have equal political and cultural rights as Muslims. They will have autonomy and freedom of religion. 3. Non-Muslims will take up arms against the enemy of the Ummah and share the cost of war. There is to be no treachery between the two. 4. Non-Muslims will not be obliged to take part in religious wars of the Muslims. One of the constitution's more interesting aspects was the inclusion of the Jewish tribes in the Ummah, the Jewish tribes were "one community with the believers," but they "have their religion and the Muslims have theirs." The most important points with respect to the geographically close Jews were: 1. The Jews will profess their religion, and the Muslims theirs. 2. The Jews shall be responsible for their expenditure, and the Muslims for theirs. 3. If attacked by a third party, each shall come to the assistance of the other. 4. Each party shall hold counsel with the other. Mutual relation shall be founded on righteousness; sin is totally excluded. 5. Neither shall commit sins to the prejudice of the other. 6. The wronged party shall be aided. 7. The Jews shall contribute to the cost of war so long as they are fighting alongside the believers. 8. Madinah shall remain sacred and inviolable for all that join this treaty. Should any disagreement arise between the signatories to this treaty, then Muhammad shall settle the dispute. 9. The signatories to this treaty shall boycott Quraish commercially; they shall also abstain from extending any support to them. 10. Each shall contribute to defending Madinah, in case of a foreign attack, in its respective area. 11. This treaty shall not hinder either party from seeking lawful revenge. The Constitution of Medina Ali Khan The first Islamic state was founded not in the shadow of swords, as is commonly believed in some circles, but in the security of a social contract, called the Constitution of Medina. By all counts, the Medina Constitution lit the torch of freedom by establishing a Free State for a pluralistic community composed of Muslims, Jews, and pagans. This unprecedented Free State, the first of its kind in the intellectual and political history of human civilization, was founded by none other than Prophet Muhammad himself in the Gregorian year of 622, that is, more than thirteen hundred years before the Universal Declaration of Human Rights (1948) envisaged a modern pluralistic, religiously tolerant Free State. In 622, the Prophet and his followers were forced to leave the increasingly oppressive city of Mecca, which had become a place of religious intolerance and persecution. In the hope of peace and freedom, they migrated to Medina. The year 622 which is known as the year of migration or the hijrah set in motion two important Islamic events.;- a-Chronologically, this is the year that starts the Islamic Calendar. b-Politically, this is the year when the Medina Constitution was agreed upon and written into law. Scholars fail to agree, however, whether the Medina Constitution is a single contract or a compilation of multiple agreements reached at different times. A close reading of the document reveals that its provisions are most coherent when read as a compilation of two separate agreements. Muhammad Hamidullah makes a persuasive case that the Medina Constitution, because of its tone and phraseology, was not drafted in a single sitting. He divides the document into two parts al-Rashida 1941). This textual division of the Medina Constitution, though necessary to make the most sense of the document, does not undermine its underlying organic appeal to found Islamic Free State on principles of equality, equity, and religious freedom. The most organic feature of the Medina Constitution is that it establishes an Islamic Free State on the basis of a social contract. A point of contrast must be noted here: The Western political theory of social contract, derived from the works of Hobbes, Rousseau and Rawls, presupposes a fictional state of nature, and draws various normative and structural inferences. Hobbes installs a mighty sovereign who commands absolute poweroverthepeopleto―keepthemallinawe.‖Rousseau‘stheory of social contract lodges sovereignty in the will of the people. This highly abstract notion of the general will lead to all sorts of distortions, including the legitimization of totalitarian democracies. Rawls is no better because, despite some brilliant insights, he anchors his theory in an artificial device of thetheveilofignorance.‖ Muhammad Hamidullah, Majmu al-Watha‘iq al-Siyasiyya fi al-Ahd al- Banawi wa al-Khaliafa al-Rashida 1941 Contrary to these fictional, artificial, and theoretical accounts of social contract, the Islamic Free State is founded on the reality of an actual agreement among real people of diverse ethnic and religious groups. This reality based social contract is not even a theory or an inspirational constitution to be implemented in the future. The Medina Constitution offered social contract in real time, in real space, to real people through a real agreement, hundreds of years before the theory of social contract gained widespread approval, mostly in the West. An equally impressive and timeless contribution of the Medina Constitution is the normative establishment of a pluralistic community. The Constitution‘s opening articles state that Muslims of Quraysh and Yathrib, and those who followed them and joined them and labored with them, are one community to the exclusion of all men. These provisions assert that the immigrant Muslims of Mecca and native Muslims of Medina constitute one community. Conceptually, the Constitution establishes the concept of the community of believers (ummat–al mumunin). The community of believers treats all Muslims with equal respect and dignity. It dissolves the distinction between natives and immigrants, offering principles of equality and justice to all Muslims, regardless of their origin of birth, nationality, tribe, or any other ethnic or racial background. It does not allow natives to have superiority over immigrants or vice versa. The Islamic Free State is therefore not exclusively identified with any one tribe or culture but is expanded to include immigrants with diverse dialects, cultures, and social habits. The modern concept of citizenship, practiced in some Muslim states, which excludes immigrant Muslims from the rights of citizenship on a permanent basis, would be incompatible with the letter and spirit of the Medina Constitution Part II of the Constitution further expands the scope of community that the Islamic Free State protects. Articles 25-35 mention a legion of Jewish tribes,suchas‗Auf,Najjar,Harith,Sai‘ida,Jusham,Aus,Tha'laba, and Jafna, granting each tribe the right to be “one community with the believers. This expansive concept of the community is most significant because an Islamic Free State is no longer conceived as an exclusively Muslim nation. In modern terms, an Islamic state can be a religiously pluralistic state. Any attempts to cleanse an Islamic state of the peoples of other religions would be incompatible with the dictates of the Medina Constitution. Furthermore, the Medina Constitution does not treat all Jews as one monolithic population. It treats them as a religious population but recognizes their diverse ethnic, cultural, or linguistic characteristics, just as it acknowledges similar diversity within the Muslim population. This comprehensive recognition of each distinct Jewish group in a separate Article of the Constitution bestows equal dignity and respect upon all Jewish tribes with whom the social contract was made, rejecting the concept that some Jews are superior to others. Each Jewish tribe in the Constitution is placed on an equal footing with each other as well as with the community of believers, i.e., Muslims. Article25grantsthefreedomofreligion,statingthat―theJewshavetheir religionandtheMuslimshavetheirs.‖ProphetMuhammadisofcourseno moralrelativistor,forthatmatter,secular.HeisGod‘sProphet,seeingGod in all aspects of life. The model of life he presents is spiritual, a model under which human beings are constantly conscious of God, devoted to God, and live and die for God. And the religion of Islam that the Prophet transmitted to the humanity contained no flaws. Despite this absolute confidence in the truth of Islam, the Medina Constitution, made in the midst of God‘s revelations to the Prophet, does not establish a self-righteous State, compelling its citizens to adhere to the official religion of Islam. And despitetheProphet‘s openly expressed belief that the Divine Torah has been altered, the Medina Constitution nonetheless frames a Free State under which Jews are free to practice their religion as they believe it. This normative freedom to practice one‟s religion as one believes it, and even if it is contrary to Muslim beliefs, demonstrates the highest possible form of religious tolerance. The Medina Constitution refutes theories that insist that only secularism can protect religious freedom. In addition to protecting religious freedom, the state that the Medina Constitution establishes is a pluralistic state. The Medina Constitution is not simply an accord among Muslims. It is also a treaty between distinct religious communities, Jews and Muslims. By implication of its underlying principle, the Islamic Free State is not confined to Muslims but is open to the followers of all monotheistic religions and even beyond, for after all Medina was both monotheistic and pagan. Yet another remarkable feature of the Medina Constitution is its recognition that a lawful agreement is always subject to supra- normative constraints. In modern terms, for example, agreements contrary to state policies and values are unenforceable. In the international legal system, agreements contrary to jus cogens or peremptory norms carry no validity. Recognizing supra-normative constraints, Article 47 explicitly states that this Constitution “will not protect the unjust and the sinner.‖ Thus, the Medina Constitution was not an accord reflecting “political realities” or “ugly compromises.” It was indeed a morally honest agreement, true to the revealed (and to be revealed) words of the Quran, and made under the Prophet‟s guidance. As such, the value of the Medina Constitution lies in its moral authenticity and in its virtue that a social contract among diverse peoples can be reached on the basis of freely expressed consent. Among the Islamic sources of law, the Medina Constitution should not be treated as a distinct source of law and jurisprudence. It is part of the Prophet‟s Sunna. The Quran remains the supreme source of law, and nothing in the Medina Constitution can be invoked to trump the Quran‘s text. Since the Sunna is fully compatible with, and always subservient to, the Quran, the Medina Constitution is remarkable in its compatibility with the Quran‟s principles of inter-human behavior. For example, the Medina Constitution‘s religious freedom is in accord with the Quran that laysouttheprincipalideaofspiritualfreedomtopracticeone‘sreligion as one believes it. ―To you be your Way, and to me mine .Quran 109:6. Anver Emon, a student of Professor Khaled Abou El Fadl, has written a well-argued article to demonstrate that modern scholars are reading too much into the Medina Constitution. ―The fact that recent Muslim authors often address a presumed constitutional theory implicit in the document may have more to do with twentieth century politics in the Muslim world than withanythinginherentinthetext.‖3Emon‘sargument,however,missesthe point that the Medina Constitution, as part of the Prophet‟s Sunna, is an eternal source of guidance and each community of believers in the constant flow of time may tap into this source to derive meaning and guidance for structuring a life consistent with the values of the Quran 2 and the Sunna, the Basic Code of Islam Anver Emon, Reflections on the Constitution of Medina, 1 UCLA Journal of 4 Islamic and Near Eastern Law 103, 133 (2001-2002). Ali Khan, The Reopening of the Islamic Code: The Second Era of Ijtihad," 1 University of Saint Thomas Law Journal 341 (2003). The Compact of Medina: A Constitutional Theory of the Islamic State M. A. Muqtedar Khan A Return to Enlightenment Muqtedar Khan's Column on Islamic Affairs We explain the signs in detail for those who reflect (Quran; 10:24). Published in the Mirror international on May 30th, 2001 The Qur'an was sent as a divine guidance to those who believe and contains principles and guidelines essential for social, political and spiritual guidance of humanity. The Qur'an should however not be mistaken as a manual. It is an essence of divine values, a collection of revealed principles the understanding and following of which will lead us along the straight path. The derivation of a manual from the divine principles is one of the most important responsibilities that come from being a Muslim. This responsibility is like a fard-e-kifaya (communal obligation). It is enough that someone take up this task in a given place and time. As Muslims always in search of political autonomy and ethical authenticity we repeatedly return to Islamic sources in order to derive a manual for our times from the divine principles in the Qur'an and the Sunnah. One of the projects that contemporary Muslims are dealing with is the construction of a theory of an Islamic state. Several theories of the Islamic state have already been advanced. Some are more focused on the principle of shura and hence are more democratic in character , while other theories are more focused on the divine authority of the Khalifa and are therefore more authoritarian models. In this brief essay I wish to point out to one particular precedent set by Prophet Muhammad (PBUH) that not only supports the democratic theories of Islamic state but also provides a very important occasion for the development of political theory itself. The occasion I am referring to is the compact of Medina; some scholars also refer to it as the Dastur al-Medina (The Constitution of Medina). We must remember that everything the Prophet (PBUH) said and did is essentially an exegesis of the Qur'an. The Prophet s actions should be understood as an interpretation, a prophetic and divine interpretation, of the Holy Qur'an. After Prophet Muhammad (PBUH) migrated from Mecca to Yathrib in 622 CE, he established the first Islamic state. For ten years Prophet Muhammad (PBUH) was not only the leader of the emerging Muslim Ummah in Arabia but also the political head of Medina. As the leader of Median, Prophet Muhammad (PBUH) exercised jurisdiction over Muslims as well as non-Muslims within the city. The legitimacy of his rule over Medina was based on his status as the Prophet (PBUH) of Islam as well as on the basis of the compact of Medina. As Prophet of Allah (SWT) he had sovereignty over all Muslims by divine decree so profoundly manifest in the statement of Shahadah, Lailaha Illallah Muhammadur Rasoolullah (There is no God but Allah and Muhammad is his messenger). When Muslims declare their faith, they not only assert the sole divinity of Allah (SWT) but also the sovereignty of Muhammad (PBUH) as his messenger and agent on Earth. But Muhammad (PBUH) did not rule over the non-Muslims of Medina because he was the messenger of Allah. They did not recognize this particular credential of his. He ruled over them by virtue of the tri-partite compact that was signed by the Muhajirun (Muslim immigrants from Mecca), the Ansar (indigenous Muslims of Medina and the Yahud (Jews). It is interesting to note that Jews were constitutional partners in the making of the first Islamic state. The compact of Medina provides an excellent historical example of two theoretical constructs that have shaped contemporary political theory and should therefore be of great value to those scholars who are involved in the theorizing of the Islamic state. Political theory relies heavily on the ideas of a social contract and a constitution. A social contract, made famous by the French philosopher Rousseau is an imaginary agreement between people in the state of nature that leads to the establishment of a community or a state. In the state of nature people are free and are not obliged to follow any rules or laws. They are essentially sovereign individuals. But through the social contract they surrender their individual sovereignty to the collective and create the community or the state. This state then acts as an agent of the sovereign people, exercising the sovereignty that has been delegated to it by the people through the social contract in order to realize the wishes of the people enshrined in the objectives of the social contract. While western political thinkers like Rousseau and Locke have used this idea of an imaginary social contract as a fundamental premise for theorizing the modern state, there are really very few real examples of such an event in human history. In the American history, the Mayflower compact is one example. The writing and signing of the constitution after six months of deliberation in Philadelphia may be considered as another example of a social contract. But Muslims are fortunate to have the compact of Medina as a tradition upon which the foundations of a modern state can be built. The second idea that underpins contemporary political theory is the concept of the constitution. In many ways the constitution is the document that enshrines the conditions of the social contract upon which any society is founded. The writing of a constitution is a very old idea. Aristotle himself had collected over 300 written constitutions in his lifetime. The compact of Medina clearly served a constitutional function since it was the constitutive document for the first Islamic state. Thus we can argue that the compact of Medina serves the dual function of a social contract and a constitution. Clearly the compact of Medina by itself cannot serve as a modern constitution. It would be quite inadequate since it is a historically specific document and quite limited in its scope. However it can serve as a guiding principle to be emulated rather than a manual to be duplicated. The compact of Medina also illustrates what should be the relationship between the revelation and a constitution. Muhammad (PBUH) if he so wished could have merely indicated the truth revealed by Allah (PBUH) shall serve as the constitution of Medina or the basis for the new community and force this revelation upon non-Muslims. But if he did that then he would have ruled Medina with the authority of Allah behind him but without the complete consent of those under his rule. Muhammad (PBUH) in his great wisdom demonstrated a democratic spirit quite unlike the authoritarian tendencies of many of those who claim to imitate him today. He chose to draw up a historically specific constitution based on the eternal and transcendent principles revealed to him and sought the consent of all who would be affected by its implementation. In simple terms, the first Islamic state established in Medina was based on a social contract, was constitutional in character and the ruler ruled with the explicit written consent of all the citizens of the state. Today we need to emulate Muhammad (PBUH) and draw up our own constitutions, historically and temporally specific to our conditions and based on the eternal and transcendent principles revealed by Allah (SWT). We can use the compact of Medina as an example of how to develop manuals from principles. In conclusion, I would like to summarize the principles manifest in Prophet Muhammad (PBUH) constitution of Medina. I recommend that all Muslims read this wonderful document themselves. I regret that there is no place in this brief column to reproduce it in its entirety. but readers are welcome to rad its entire text at http://msanews.mynet.net/books/lessons/constitution.html. The Constitution of Medina establishes the importance of consent and cooperation for governance. According to this compact Muslims and non-Muslims are equal citizens of the Islamic state, with identical rights and duties. Communities with different religious orientations enjoy religious autonomy. Which essentially is wider in scope than the modern idea of religious freedom. The constitution of Medina established a pluralistic state -- a community of communities. It promised equal security to all and all were equal in the eyes of the law. The principles of equality, consensual governance and pluralism are beautifully enmeshed in the compact of Medina. It is amazing to see how Muhammad's (PBUH) interpretation of the Qur'an and the Maqasid al-Shariah was so democratic, so tolerant and compassionate, while contemporary Muslims (like the Taliban for example) interpretation of the same is so harsh, so authoritarian and so intolerant. I hope this discussion will invite us to look at the Sunnah of our dear Prophet Muhammad (PBUH), more closely. We must learn from him not only the principles of faith but also human virtues of mercy, compassion, equality, justice and tolerance. The constitution of Medina is an excellent manifestation of the Prophet's (PBUH) virtuous personality. LAW COLLEGE LESSON PLAN FOR COMPARATIVE STUDY OF MADINA CONSTITUTION and MAY FLOWER SOCIAL CONTRACT OF AMERICAN IMMIGRANTS The Constitution of Madinah and the Mayflower Compact – A Comparison (Primary Source readings) Overview: This lesson introduces students to the Constitution of Madinah, written in 622 CE and draws parallels with the Mayflower Compact of 1620 CE. Although these two documents are separated by a thousand years of history, they both represent religious communities establishing a charter for self- governance following an experience of persecution and migration to a new land. Objectives: Students should be able to: describe the historical setting of the Constitution of Madinah and the Mayflower Compact. compare the purposes of the Constitution of Madinah and the Mayflower Compact. Procedure: 1. Have students read about the Constitution of Madinah and the Mayflower Compact (Handouts 3:1a & 3:1b respectively) in groups. Then, on Handout 3:1c, have students use a two-column chart to answer the following questions concerning each document in the handout. o Who were the participants in the agreement? Describe them. o What was the situation that brought about the need to create a pact? o What solutions do each of the documents propose for living in peace together? 2. Have students compare their answers to the questions on both sides of the two-column sheet. Then, on a separate piece of paper, have students list similarities between the two documents and the situations that engendered them. 3. Then have each student present their observations and create a master list of similarities between the two documents and the historical situations that brought them into being. Handout 3:1a THE "CONSTITUTION OF MADINAH" The Constitution of Madinah is a voluntary pact among three groups, namely the Muslims from Makkah, the Muslims from Yathrib, and the non-Muslims of Yathrib. It followed a period of disagreement over leadership in Yathrib, which was one reason that the people of the city invited Muhammad to come to the city. The Constitution was unique in Arabian history, because it went beyond the system of tribal loyalty that people depended upon. Not breaking completely with tradition, the Constitution incorporates the tribes into an agreement in which loyalty, rights and responsibilities are based on voluntary association and religious belief. The groups named "Bani" refers to the clans, a subgroup of a tribe, often living in a certain neighborhood in the city. The following excerpt is from a biography of Muhammad‘s life, and explains the Constitution further. "[Upon arriving at Madinah,] The Prophet gave orders that his newly acquired courtyard should be made into a mosque. They began work on it immediately. Most of the building was done with bricks, but in the middle of the northern wall, that is, the Jerusalem wall, they put stones on either side of the prayer niche. The palms in the courtyard were cut down and their trunks were used as pillars to support the roof of palm branches, but the greater part of the courtyard was left open. The Muslims of Madinah had been given the title of Ansar, or Helpers, by the Prophet. The Muslims of Makkah, who had left their homes and emigrated to Madinah, were called Muhajirun, or Emigrants. It was to be hoped that these two parties would be strengthened by a third, and the Prophet now made a covenant of mutual obligation between his followers and the Jews of the oasis, forming them into a single community of believers but allowing for the differences between the two religions. Muslims and Jews were to have equal status. If either a Jew or Muslim was wronged, then he must be helped to his rights by both Muslims and Jews. In case of war against polytheists, the two parties must fight as one force, and neither Jews nor Muslims were to make a separate peace, but peace was to be indivisible. If there were differences of opinion or dispute or controversy, the matter was to be referred to God through His Messenger. There was, however, no express stipulation that the Jews should formally recognize Muhammad as the Messenger and Prophet of God, though he was referred to as such throughout the document." [From of Martin Lings, Muhammad, His Life Based on the Earliest Sources, pp. 125-126] The "Constitution of Madinah" (622) TheProphet‘sDocumentBetweentheMuhajirun(TheEmigrants),theAnsar(The Helpers from Madinah) and the Jews (of Madinah): Bismillah al-Rahman al-Rahim (In the name of God the Merciful, the Compassionate) (1) This is a document from Muhammad, the Prophet (governing the relations) between the believers and the Muslims of Quraysh and Yathrib, and those who followed them and joined them and struggled with them. (2) They are one community (ummah) to the exclusion of all men. (3) The Quraysh Muhajirun, according to their present custom, shall pay the blood money within their number and shall redeem their prisoners with the kindness and justice common among believers. (4) The Banu ‗Awf, … with kindness and justice.(5) Banu al Harith (Ibn al Khazraj)... (6)BanuSa‘idah...(7)BanuJusham…(8)BanualNajjar….(9)Banu‗Amribn ‗Awf… (10)BanualNabit…(11)BanualAws…withkindnessandjustice. (12a) Believers shall not leave anyone destitute among them by not paying his redemption money or blood money in kindness. (12b) A believer shall not take as an ally against him the freedman of another Muslim. (13) The God-Fearing believers shall be against the rebellious or anyone who seeks to spread injustice, or sin, or enmity, or corruption between the believers; the hand of every man shall be against him even if he be a son of one of them. (14) A believer shall not slay a believer for the sake of an unbeliever, nor shall he aid an unbeliever against a believer. (15)God‘sprotectionisall-embracing, the least of them may give protection to a stranger on their behalf. Believers are friends and protectors one to the other, to the exclusion of outsiders. (16) To the Jews who follow us belong help and equality. He shall not be wronged nor shall his enemies be aided. (17) The peace of the believers is indivisible. No peace shall be made when believers are fighting in the way of God. Conditions must be fair and equitable to all. (18) In every foray a rider must take another behind him. (19) The believers must avenge the blood of one another shed in the way of God. (20a) The God-fearing believers enjoy the best and most upright guidance. (20b) No polytheist shall take the property or person of Quraysh under his protection nor shall he intervene against a believer. (21) Whosoever is convicted of killing a believer without good reason shall be subject to retaliation unless the next of kin is satisfied (with blood money), and the believers shall be against him as one man, and they are bound to take action against him. (22) It shall not be lawful to a believer who holds by what is in this document and believes in God and the Last Day, to help an evil-doer or to shelter him. The curse of God and His anger on the Day of Resurrection will be upon him if he does, neither repentance nor ransom will be received from him. (23) Whenever you differ about a matter, it must be referred to God and to Muhammad. (24) The Jews shall contribute to the cost of war so long as they are fighting alongside the believers. (25)TheJewsofBanu‗Awfareonecommunitywiththebelievers(theJewshave their religion and the Muslims have theirs), their freedmen and their persons except those who behave unjustly and sinfully, for they hurt but themselves and their families. (26)TheJewsofBanualNajjarareliketheJewsofBanu‗Awf.(27)TheJewsof Banu al Harith …(28) The Jews of Banu Sa‘idah ….(29) The Jews of Banu Jusham…(30)TheJewsofBanualAws...(31)TheJewsofBanualTha‘labah …(32)Jafnah,aclanoftheTha‘labah,areasthemselves.(33)TheJewsofBanual Shutaybah …(34) The freedmen of Tha‘labah are as themselves.(35) The close friends of the Jews are as themselves. (36a) None of them shall go out to war save with the permission of Muhammad. (36b) But he shall not be prevented from taking revenge from a wound. He who slays a man without warning slays himself and his household, unless it be one who has wronged him, for God will accept that. (37a) The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document. They must seek mutual advice and consultation, and righteousness is a protection against sinfulness. (37b)Amanisnotliableforhisally‘s misdeeds. The wronged must be helped. (38) The Jews must pay with the believers so long as war lasts. (39) Yathrib (Madinah) shall be a sanctuary for the people of this document. (40) A stranger under protection shall be as his host doing no harm and committing no crime. Handout 3:1b: THE MAYFLOWER COMPACT Paul Johnson writes in his book A History of the American People: An important event occurred on the voyage, when the Mayflower was two months out from England, and the discomforts of a crowded voyage were leading to dissension. On November 21, the colony‟s leaders assembled in the main cabin and drew up a social compact, designed to secure unity and provide for future government. In effect it created a civil body politic to provide ‗just and equal laws,‘ which were founded upon church teaching, the religious and secular governance of the colony to be in effect indistinguishable. This contract was based upon the original Biblical covenant between God and the Israelites. But it also reflected early17th-century social-contract theory, which was later to receive such notableexpressioninThomasHobbes‘Leviathan (1655)andLocke‘sTreatise of Civil Government (1690). What was remarkable about this particular contract was that it was not between a servant and a master, or a people and a king, but between a group of like-minded individuals and each other, with God as a witness and a symbolic co-signatory. It was as though this small community, in going to America together, pledged themselves to create a different kind of collective personality, living a new life across the Atlantic. One of their leaders, William Bradford, later wrote a history, "Of Plymouth Plantation," in which he first referred to them as Pilgrims. But they were not ordinary pilgrims, traveling to a sacred shrine, and then returning home to resume everyday life. They were, rather, perpetual pilgrims, setting up a new, sanctified country that was to be a permanent pilgrimage, traveling ceaselessly towards a millenarian goal. They saw themselves as exceptions to the European betrayal of Christian principles, and they were conducting an exercise in exceptionalism. [From Paul Johnson, A History of the American People, pp 28-29 ] The Mayflower Compact (1620) "In the name of God, Amen. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord, King James, by the Grace of God, of England, France and Ireland, King, Defender of the Faith, e&. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a voyage to plant the first colony in the northern parts of Virginia; do by these presents, solemnly and mutually in the Presence of God and one of another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid; And by Virtue hereof to enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the General good of the Colony; unto which we promise all due submission and obedience. In Witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the Reign of our Sovereign Lord, King James of England, France and Ireland, the eighteenth, and of Scotland the fifty-fourth. Anno Domini, 1620." Handout 3:1c DOCUMENT COMPARISON Constitution of Madinah Mayflower Compact Allah: Allah is the proper name in Arabic for The One and Only God, The Creator and Sustainer of the universe. It is used by the Arab Christians and Jews for the God (Eloh-im in Hebrew; 'Allaha' in Aramaic, the mother tongue of Jesus, pbuh). The word Allah does not have a plural or gender. Allah does not have any associate or partner, and He does not beget nor was He begotten. SWT is an abbreviation of Arabic words that mean 'Glory Be To Him.'s or pbuh: Peace Be Upon Him. This expression is used for all Prophets of Allah ra: Radiallahu Anhu (May Allah be pleased with him). "HE WAS THE BEST OF JEWS" SAID PROPHET MUHAMMED The Story of Rabbi Mukhayriq Constitution of Medina ,Ṣaḥīfatal-Madīna),صحیفة المدینه :The Constitution of Medina (Arabic also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad. It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yathrib (later known as Medina),including Muslims, Jews,Christians[1] and pagans. This constitution formed the basis of the future caliphate. The document was drawn up with the explicit concern of bringing to an end the bitter inter tribal fighting between the clans of the Aws (Aus) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, Christian and pagan communities of Medina bringing them within the fold of one community—the Ummah.[4] The precise dating of the Constitution of Medina remains debated but generally scholars agree it was written shortly after the Hijra (622).[5] It effectively established the first Islamic state. The Constitution established: the security of the community, religious freedoms, the role of Medina as a haram or sacred place (barring all violence and weapons), the security of women, stable tribal relations within Medina, a tax system for supporting the community in time of conflict, parameters for exogenous political alliances, a system for granting protection of individuals, a judicial system for resolving disputes, and also regulated the paying of blood money(the payment between families or tribes for the slaying of an individual in lieu of lex talionis). Background In the last years of Muhammad in Mecca, a delegation from Medina, consisting of the representatives of the twelve important clans of Medina, invited Muhammad as a neutral outsider to Medina to serve as the chief arbitrator for the entire community.[6][7] There was fighting in Yathrib mainly involving its pagan and Jewish inhabitants for around a hundred years before 620.[6] The recurring slaughters and disagreements over the resulting claims, especially after the battle of Bu'ath in which all the clans were involved, made it obvious to them that the tribal conceptions of blood-feud and an eye for an eye were no longer workable unless there was one man with authority to adjudicate in disputed cases.[6] The delegation from Medina pledged themselves and their fellow-citizens to accept Muhammad into their community and physically protect him as one of themselves.[8] After emigration to Medina, Muhammad drafted the Constitution of Medina, "establishing a kind of alliance or federation" among the eight Medinan tribes and Muslim emigrants from Mecca, which specified the rights and duties of all citizens and the relationship of the different communities in Medina (including that of the Muslim community to other communities specifically the Jews and other "Peoples of the Book").[6] Sources Scholars do not possess the original document but rather a number of versions can be found in early Muslim sources. The most widely read version of the Constitution is found in the pages of Ibn Ishaq's Sirah Rasul Allah (see wikisource), while alternative copies are located in Sayyid al-NasandAbu‗Ubayd's Kitab al-Amwal. Most scholars accept the authenticity of the document. Montgomery Watt suggests that the constitution must have been written in the early Medinan period. He supports his view by arguing that had the document been drafted later, it would have had a favorable attitude towards Quraysh, and given Muhammad a prominent place. Hubert Grimme believes the Constitution was drafted in the post-Badr period, while Cetani argues that the document was complete before the Battle of Badr.[9] According to R.B. Serjeant, verses 101-104 of sura 3 of the Qur'an make reference to the Constitution. He proposes that this section of the Qur'an underwentrecension (a hypothesis first proposed by Richard Bell). In its first recension, this text sanctioned the establishment of a confederation. In its second, it admonished the Aws and Khazraj to abide by their treaty. In its third, in conjunction with the proceeding verses, it is an encouragement of Muhammad's adherents to face the Meccan forces they eventually fought at Uhud. He states that even if this proposal of three recensions be unacceptable, it must be affirmed that these verses make reference to the two different treaties.[10] Analysis King Fahd Complex for Printing the Quran in Medina The Constitution was not a treaty in the modern sense, but a unilateral proclamation by Muhammad, Bernard Lewis states.[11] One of the constitution's more interesting aspects was the inclusion of the Jewish tribes in the Ummah, the Jewish tribes were "one community with the believers," but they "have their religion and the Muslims have theirs."[12] Legal Scholar L. Ali Khan says the Constitution of Medina was a social contract derived from a treaty and not from any fictional state of nature or from behind theRawlsian veil of ignorance. The contract was built upon the concept of one community of diverse tribes living under the sovereignty of one God.[13] Dr. Muhammad Tahir-ul-Qadri has written a book called the Constitutional Analysis of the Constitution of Madina which states an analysis and review of the Constitution. He has categorised the headings of the articles according to the modern legal constitutions consisting of 63 articles.[14] The Medina Constitution also instituted peaceful methods of dispute resolution among diverse groups living as one people but without assimilating into one religion, language, or culture.[15] Welch in Encyclopedia of Islam states: "The constitution reveals his Muhammad's great diplomatic skills, for it allows the ideal that he cherished of an ummah (community) based clearly on a religious outlook to sink temporarily into the background and is shaped essentially by practical considerations." [16] Significance of the Ummah Another important feature of the Constitution of Medina is the redefinition of ties between Muslims. The Constitution of Medina sets faith relationships above blood-ties and emphasizes individual responsibility.[17] Tribal identities are still important, and are used to refer to different groups, but the ―main bindingtie‖forthenewly-created ummah is religion.[18] This contrasts with the norms of pre-Islamic Arabia, which was a thoroughly tribal society, although Searjant postulates the existence of earlier theocratic communities.[19] According to Denny, ―Watt has likened the Ummah as it is described in the document to a tribe, but with the important difference that it was to be basedonreligionandnotonkinship‖.[18] This is an important event in the development of the small group of Muslims in Medina to the larger Muslim community and empire.[20] Rights of non-Muslims The non-Muslims included in the ummah had the following rights:[21] 1. The security of God is equal for all groups,[22] 2. Non-Muslim members have equal political and cultural rights as Muslims. They will have autonomy and freedom of religion.[23] 3. Non-Muslims will take up arms against the enemy of the Ummah and share the cost of war. There is to be no treachery between the two.[24] 4. Non-Muslims will not be obliged to take part in religious wars of the Muslims.[25] References Constructs such as ibid. and loc. cit. are discouraged by Wikipedia's style guide for footnotes, as they are easily broken. Please improve this articleby replacing them with named references (quick guide), or an abbreviated title. 1. ^ R.B.Serjeant,"SunnahJāmi'ah,pactswiththeYathribJews,andthe TahrīmofYathrib:analysisandtranslationofthedocumentscomprised in the so-called 'Constitution of Medina'", Bulletin of the School of Oriental and African Studies (1978), 41: 1-42, Cambridge University Press. 2. ^ See: o Reuven Firestone, Jihād: the origin of holy war in Islam (1999) p. 118; o "Muhammad", Encyclopedia of Islam Online 3. ^ Watt. Muhammad at Medina and R. B. Serjeant "The Constitution of Medina." Islamic Quarterly 8 (1964) p.4. 4. ^ Ibid, Serjeant, page 4. 5. ^ Watt. Muhammad at Medina. pp. 227-228 Watt argues that the initial agreement was shortly after the hijra and the document was amended at a later date specifically after the battle of Badr (AH [anno hijra] 2, = AD 624). Serjeant argues that the constitution is in fact 8 different treaties which can be dated according to events as they transpired in Medina with the first treaty being written shortly after Muhammad's arrival. R. B. Serjeant. "The Sunnah Jâmi'ah, Pacts with the Yathrib Jews, and the Tahrîm of Yathrib: Analysis and Translation of the Documents Comprised in the so called 'Constitution of Medina'." inThe Life of Muhammad: The Formation of the Classical Islamic World: Volume iv. Ed. Uri Rubin. Brookfield: Ashgate, 1998, p. 151 and see same article in BSOAS 41 (1978): 18 ff. See also Caetani. Annali dell’Islam, Volume I. Milano: Hoepli, 1905, p. 393. Julius Wellhausen. Skizzen und Vorabeiten, IV, Berlin: Reimer, 1889, p 82f who argue that the document is a single treaty agreed upon shortly after the hijra. Wellhausen argues that it belongstothefirstyearofMuhammad‘sresidenceinMedina,beforethe battle of Badr in 2/624. Wellhausen bases this judgement on three considerations; first Muhammad is very diffident about his own position, he accepts the Pagan tribes within the Umma, and maintains the Jewish clans as clients of the Ansars see Wellhausen, Excursus, p. 158. Even Moshe Gil a skeptic of Islamic history argues that it was written within 5 months of Muhammad's arrival in Medina. Moshe Gil. "The Constitution of Medina: A Reconsideration." Israel Oriental Studies 4 (1974): p. 45. 6. ^ a b c d Watt, The Cambridge History of Islam, p. 39 7. ^ Esposito (1998), p. 17. 8. ^ Alford Welch, Muhammad, Encyclopedia of Islam 9. ^ Watt (1956), p. 225-6 10. ^ Ibid, Serjeant, page 8. 11. ^ Bernard Lewis, "The Arabs in History," page 42. 12. ^ Jonathan Berkey, The Formation of Islam: Religion and Society in the Near East, 600-1800, Cambridge University Press, p.64 13. ^ See 14. ^ Constitution of Madina 15. ^ Ramadan, Hisham M. (2006). Understanding Islamic Law: From Classical to Contemporary. Rowman & Littlefield Publishers. ISBN 0- 7591-0990-7. 16. ^ Welch, Encyclopedia of Islam, Muhammad article 17. ^ Williams, John Alden. Themes of Islamic Civilization. p. 12 18. ^ a b Denny, Frederick. "Umma in the Constitution of Medina." "Journal of Near Eastern Studies, Vol. 36, No. 1 (Jan., 1977), p 44. The University of Chicago Press 19. ^ Ibid, Serjeant, page 4. 20. ^ Ibid, Serjeant, page 4. 21. ^ Ahmed (1979), p. 46-7 22. ^ Article 15, as quoted in Ahmed (1979), p. 46-7 23. ^ Article 25, as quoted in Ahmed (1979), p. 46-7 24. ^ Article 37, as quoted in Ahmed (1979), p. 46-7 25. ^ Article 45, as quoted in Ahmed (1979), p. 46-7 Further reading Ahmad, Barakat (1979). Muhammad and the Jews. Vikas Publishing House. Watt, Montgomery (1956). Muhammad at Medina. Oxford University Press. Wensinck, Arendt Jan (1908). Muhammad and the Jews of Medina. Leiden. External links A Short note on Medina Charter Full text with alternate translations The Battle of Uhud was fought here. Dr. Muqtedar Khan | 08.20.2010 This article was published in The News Journal | 12.01.2009 | AltMuslim |12.28.2009| The American Muslim |12.01.2009 | Islamicity |12.04.2009| and many more places. There are many stories that contemporary Imams rarely tell their congregations. The story of Mukhayriq, a Rabbi from Medina is one such story. I have heard the stories about the battle of Uhud, one of prophet Muhammad’s major battles with his Meccan enemies, from Imams and Muslim preachers hundreds of times, but not once have I heard the story of Rabbi Mukhayriq who died fighting in that battle against the enemies of Islam. So, I will tell the story of Rabbi Mukhayriq – the first Jewish martyr of Islam. It is quite apropos as the season of spiritual holidays is here. Mukhayriq was a wealthy and learned leader of the tribe of Tha’labah. He fought with Prophet Muhammed in the battle of Uhud on March 19, 625 AD and was martyred in it. That day was a Saturday. Rabbi Mukhayriq addressed his people and asked them to go with him to help Muhammed. His tribe’s men declined saying that it was the day of Sabbath. Mukhayriq chastised them for not understanding the deeper meaning of Sabbath and announced to his people that if he died in the battle his entire wealth should go to Muhammed. Mukhayriq died in battle against the Meccans. And when Muhammed, who was seriously injured in that battle, was informed about the death of Mukhayriq, Muhammed said, “He was the best of Jews.” Muhammed inherited seven gardens and other forms of wealth from Mukhayriq. Muhammed used this wealth to establish the first waqf – a charitable endowment - of Islam. It was from this endowment that the Prophet of Islam helped many poor people in Medina. When Muhammed migrated form Mecca to Medina in 622 he signed a treaty with the various tribes that lived in and around Medina. Many of these tribes had embraced Islam, some were pagan and others were Jewish. All of them signed the treaty with Muhammed that is referred to by historians as the Constitution of Medina. The first Islamic state, a multi-tribal and multi-religious state, established by Muhammed in Medina was based on this social contract. According to Article 2 of the Constitution, all tribes who were signatory to the treaty constituted one nation (ummah). Mukhayriq’s people too were signatories to this treaty and were obliged to fight with Muhammed in accordance to Article 37 of the Constitution, which says: The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document. They must seek mutual advice and consultation, and loyalty is a protection against treachery. A man is not liable for his ally’s misdeeds. The wronged must be helped. In a way Rabbi Mukhayriq, who was also a well-respected scholar of Jews in Medina, was merely being a good citizen and was fulfilling a social contract. But his story is fantastic, especially for our times when we are struggling to build bridges between various religious communities. Mukhayriq’s loyalty, his bravery, his sacrifice and his generosity are inspirational. Perhaps it is about people like Mukhayriq that the Quran says: And there are, certainly, among Jews and Christians, those who believe in God, in the revelation to you, and in the revelation to them, bowing in humility to God. They will not sell the Signs of God for a miserable gain! For them is a reward with their Lord (3:199). Mukhayriq’s story is a story of an individual’s ability to transcend communal divides and to fight for a more inclusive idea of community. He was a true citizen of the state of Medina and he gave his life in its defense. He was a Jew and he was an Islamic hero and his story must never be forgotten and must be told and retold. When Muslims forget to remember his, and other stories that epitomize interfaith relations they diminish the legacy of Islam and betray the cause of peace. If Muslim Imams told his story in their congregations in America and elsewhere, I am confident that it will contribute to manifestations of increased tolerance by Muslims towards others. There are many such wonderful examples of brotherhood, tolerance, sacrifice and good citizenship in Islamic traditions that undergird the backbone of Islamic ethics. I wish we told them more often. References The story of Mukhariq have been read in, Ibn Kathir The Life of Prophet Muhammed (Al-Seerah Al Nabwiyyah), Trans. Trevor Le Gassick, volume III, p. 50, in The History of al-Tabari: The Foundation of the Community Trans. W. M. Watt, p. 236, also see Ibn Hisham, The Life of Muhammed Trans. A. Guillaume, p. 384. Click the hyperlinked parts to read the relevant passage from the books. Return to Ijtihad PROPHET MUHAMMAD'S PROMISE TO CHRISTIANS St. Catherine's Monastery, Sinai, Egypt A Picture of Prophet Muhammad's Letter to St. Catherine's Monastery Dr. Muqtedar Khan | 08.22.2010 This article was published in the Pittsburg Post-Gazette [03.25.2007], Daily News Egypt [03.09.2007], AltMuslim [03.03.2007], Pakistan Link, Middle East Window, Turkish Daily News [04.10.2007 ], OpEd news [03.19.2007], Ikhwanweb [02.11.07], and many other places.. Article also available in: Courtesy Common Ground News Service Muslims and Christians together constitute over fifty percent of the world and if they lived in peace, we will be half way to world peace. One small step that we can take towards fostering Muslim-Christian harmony is to tell and retell positive stories and abstain from mutual demonization. In this article I propose to remind both Muslims and Christians about a promise that Prophet Muhammed (pbuh) made to Christians. The knowledge of this promise can have enormous impact on Muslim conduct towards Christians. Muslims generally respect the precedent of their Prophet and try to practice it in their lives. In 628 AD, a delegation from St. Catherine’s Monastery came to Prophet Muhammed and requested his protection. He responded by granting them a charter of rights, which I reproduce below in its entirety. St. Catherine’s Monastery is located at the foot of Mt. Sinai and is the world’s oldest monastery. It possess a huge collection of Christian manuscripts, second only to the Vatican, and is a world heritage site. It also boasts the oldest collection of Christian icons. It is a treasure house of Christian history that has remained safe for 1400 years under Muslim protection. The Promise to St. Catherine: "This is a message from Muhammad ibn Abdullah, as a covenant to those who adopt Christianity, near and far, we are with them. Verily I, the servants, the helpers, and my followers defend them, because Christians are my citizens; and by Allah! I hold out against anything that displeases them. No compulsion is to be on them. Neither are their judges to be removed from their jobs nor their monks from their monasteries. No one is to destroy a house of their religion, to damage it, or to carry anything from it to the Muslims' houses. Should anyone take any of these, he would spoil God's covenant and disobey His Prophet. Verily, they are my allies and have my secure charter against all that they hate. No one is to force them to travel or to oblige them to fight. The Muslims are to fight for them. If a female Christian is married to a Muslim, it is not to take place without her approval. She is not to be prevented from visiting her church to pray. Their churches are to be respected. They are neither to be prevented from repairing them nor the sacredness of their covenants. No one of the nation (Muslims) is to disobey the covenant till the Last Day (end of the world)." The first and the final sentence of the charter are critical. They make the promise eternal and universal. Muhammed asserts that Muslims are with Christians near and far straight away rejecting any future attempts to limit the promise to St. Catherine alone. By ordering Muslims to obey it until the Day of Judgment the charter again undermines any future attempts to revoke the privileges. These rights are inalienable. Muhammed declared Christians, all of them, as his allies and he equated ill treatment of Christians with violating God’s covenant. A remarkable aspect of the charter is that it imposes no conditions on Christians for enjoying its privileges. It is enough that they are Christians. They are not required to alter their beliefs, they do not have to make any payments and they do not have any obligations. This is a charter of rights without any duties! The document is not a modern human rights treaty but even thought it was penned in 628 A.D. it clearly protects the right to property, freedom of religion, freedom of work, and security of the person. I know most readers, must be thinking so what? Well the answer is simple. Those who seek to foster discord among Muslims and Christians focus on issues that divide and emphasize areas of conflict. But when resources such as Muhammad’s promise to Christians is invoked and highlighted it builds bridges. It inspires Muslims to rise above communal intolerance and engenders good will in Christians who might be nursing fear of Islam or Muslims. When I look at Islamic sources, I find in them unprecedented examples of religious tolerance and inclusiveness. They make me want to become a better person. I think the capacity to seek good and do good inheres in all of us. When we subdue this predisposition towards the good, we deny our fundamental humanity. In this holiday season, I hope all of us can find time to look for something positive and worthy of appreciation in the values, cultures and histories of other peoples. References See for example Life and Teachings of Muhammed by Amir Ali, p. 176. click to read it.