THE CHARTER OF MADINAH
INTRODUCTION
The life of Rasulullahﷺ and his Companions in Madinah.
The first thing the Prophet did upon arriving in Madinah was to construct a
mosque that served as the first community center for Muslims. It also served as
the headquarters of leadership and a social center. He afterward established
the bond of brotherhood between the Muhajirun [immigrants from Makkah] and Ansar
[the helpers from Madinah].
The
next challenge that Rasulullahﷺ faced was
economic. Nearly half of the Muslim population back than was originally from
Makkah. They had abandoned their wealth, trade, homes, and property to escape the
torture and oppression of the Quraysh in Mecca. It required great wisdom from Rasulullahﷺ to address this issue. Rasulullahﷺ decided
to establish the bond of brotherhood between the Muhajirun and Ansar. The Ansar
shared their trade and wealth with the Muhajirun. Ibn Is-haq narrated that when Rasulullahﷺ established the bond of
brotherhood among his Companions, the Muhajirun and Ansar he told them: “Be
brothers for the sake of God.”
Thus the historic Charter of Madinah came into being. It is
rightly considered the first constitution in the world and outlined the
characteristics of the new state. It established the first constitutional
principles on basis of equality without regard to religion, race, or gender. The
charter stipulated that all citizens are duty-bound to protect the city, share
the common responsibility of caring for and aiding one another, and enjoin what
is good for the nation and ward off whatever may threaten it. The charter stressed that securing the borders of the city was a common responsibility
shared by all citizens of the city and laid strict emphasis on the values of
equality, mutual care, and peaceful coexistence.
Ibn Is-haq is reported to have said: “Rasulullahﷺ concluded an agreement between the Muhajirun and Ansar in which he made a
treaty with the Jews, confirmed them in their religion and possessions, and gave
them certain duties and rights.”
1. To be faithful and obedient to Almighty Allah
2. To not commit theft in one’s life
3. To not commit adultery
4. To not kill
5. To not falsely make allegations against anybody
6. To not backbite
7. To practice every good and abstain from every evil.
[Ref: Ibn Hisham, as-Sirat-un-Nabawiyyah, vol : 2, pg : 281]
Among the seven aspects discussed only one aspect deals with faith or religious matters and all other six aspects emphasize reforming and refining the moral behavior of human life. These aspects aim at protecting people from all kinds of social crimes and they are secular in nature. Later Rasulullahﷺ delivered his first official public speech on the first Friday at a Mosque in Quba on his way to Medina. Rasulullahﷺ stated that all Muslims should carry out the following;
1. To worship Almighty Allah ;
2. To be truthful;
3. To love everyone in your society;
4. To fulfill all promises and commitments;
5. To differentiate between the lawful and unlawful;
6. To behave with good manners.
After suffering torture at the hands of the Makkans, Rasulullahﷺ was forced to migrate to Madinah. However, Rasulullahﷺ benevolent character meant that he never spoke about revenging the people of Makkah but instead spoke about spreading love, peace, and humanity.
The first written Constitution of Medina (also known as The Madinah Charter or the Charter of Madinah) was drafted and declared by Rasulullahﷺ in the year 622 AD to the people of Medina who included not only immigrant and local Muslims but also Jews and other non-Muslims and their non- Muslim allied tribes. The Constitution was meant for the ten thousand-strong multi-religious citizens of the state of Madinah.
This written constitution provided the Madinah society with the concept of devolution of powers which later became the practical foundation of democracy. It provided a moderate and balanced aptitude for all communities living in that society. For the first time in history, it gave birth to the idea of a geographical nation that would include all faiths and cultures in one single nation. The concept of the rule of law also emerged from this constitution for the first time. It provided the concept of respecting local customary laws of all tribes and religions living together.
It guaranteed the protection of human rights, the protection of women's rights, social rights, cultural rights, religious freedom, and the rights of minorities living in the state. It declared Medina a State of peace and security, free from every kind of violence and terrorism. Rasulullahﷺ subsequently established the first Islamic state.
It is a remarkable political-constitutional document and the first written constitution of democracy in human history, all later constitutions were founded upon it. Its principles are based on the Qur’an and the Sunnah.
Constitution of Madinah - The Comprehensive Constitution Drafted for a Nation.
Main article: Constitution of Madinah.
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 Madinah 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 Rasulullahﷺ 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- Prof. Ali Khan, Professor of Law, Washburn University.]
The Constitution of Madinah sets out in general terms the rights of various classes of citizens, their duties to each other, and the manner in which disputes would be resolved. A small number of the people of Yathrib were already Muslims, having converted during the period Rasulullahﷺ and his followers were persecuted in Makkah. The rest of the people of Yathrib were non-Muslims, either pagans or Jews.
The pact signaled these peoples' voluntary agreement to be ruled by Islamic law. They hoped that by having this external, objective source of laws, the strife that was tearing their community apart would be healed. The Jews in Madinah were a minority group. They were clients of the two major Arab tribes, some on one side of the dispute and some on the other.
The Constitution of Madinah gives special attention to the rights of the Jewish citizens of Madinah. Among the clauses relating to the Jews are the following: those Jews who join in the treaty and become part of the larger community it creates are due help and equal treatment of the Jews shall not be wronged, nor shall their enemies be given aid to the Jews will be treated as one community with the Muslims, but each has their own religion.
The Jews have the same status as the parties making the pact. Rather than being counted as part of the tribes, they were attached to (and hence split among themselves), the Jews under the Constitution of Madinah were treated as a single community of their own. This community was elevated from its previous position to a state of equality with the main parties making the treaty (the Muslims and the two Arab tribes).
Its interests were given equal weight with those of the other groups so that no party to the agreement could ally with its enemies. Most importantly, it was guaranteed the right to have its own religion. As well, individual Jews were guaranteed fair and equal treatment and to be protected from wrongdoing. In return, the Jewish community would contribute equally with the other communities to the protection and defense of Madinah.
The Constitution of Madinah, also known as the Charter of Madinah, was drafted by Rasulullahﷺ in 622. It constituted a formal agreement between Rasulullahﷺ and all of the significant tribes and families of Yathrib (later known as Madinah), including Muslims, Jews, and pagans. The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws (Banu Aus) and Banu Khazraj within Madinah. To this effect, it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Madinah bringing them within the fold of one community-the Ummah.
The precise dating of the Constitution of Madinah remains debated but generally, scholars agree it was written shortly after the hijra (622). It effectively established the first Islamic state. The Constitution established: the security of the community, religious freedoms, the role of Madinah as a sacred place (barring all violence and weapons), the security of women, stable tribal relations within Madinah, a tax system for supporting the community in times 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-wite (the payment between families or tribes for the slaying of an individual in lieu of lex talionis).
In 1986 the text of the Constitution of Madinah was compiled into 47 articles by Dr. Muhammad Hamidullah who did this using various original Islamic sources.
The 63 Constitutional Articles
Article 1
Constitutional Document This is a constitutional document given by Rasulullahﷺ.
Article 2
Constitutional Subjects of the State (This shall be a pact) between the Muslims of Quraysh, the people of Yathrib (the Citizens of Madinah), and those who shall follow them and become attached to them (politically) and fight along with them. (All these communities shall be the constitutional subjects of the state.)
Article 3
Formation of the Constitutional Nationality The aforementioned communities shall formulate a Constitutional Unity as distinct from (other) people.
Article 4 Validation and Enforcement of the former tribal laws of blood money for the emigrant Quraysh The emigrants from Quraysh shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 5 -
Validation of the former laws of blood money for Banu Auf And the emigrants from Banu Auf shall be responsible for their ard and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice
Article 6
Validation of the former laws of blood money for Banu Harith And the emigrants from Banu Harith shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 7
Validation of the former laws of blood money for Banu Saida And the emigrants from Banu Saida shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 8
Validation of the former laws of blood money for Banu Jusham. And the emigrants from Banu Jusham shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 9
Validation of the former laws of blood money for Banu Najjar And the emigrants from Banu Najjar shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 10
Validation of the former laws of blood money for Banu Amr
And the emigrants from Banu Amr shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 11
Validation of the former laws of blood money for Banu Nabeet And the emigrants from Banu Nabeet shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 12
Validation of the former laws of blood money for Banu Aws And the emigrants from Banu Aws shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.
Article 13
Indiscriminate rule of law and justice for all the communities. And every group shall secure the release of its captives ensuring that an indiscriminate rule of law and justice is applied among the believers.
Article 14
The believers shall not leave a debtor among them, but shall help him in paying his ransom, according to what shall be considered fair.
Article 15
Prohibition of unjust favoritism. A believer shall not form an alliance with the associate of (another) believer without the (latter’s) consent.
Article 16
Collective resistance against injustice, tyranny, and mischief. There shall be collective resistance by the believers against any individual who rises in rebellion, attempts to acquire anything by force, violates any pledge or attempts to spread mischief amongst the believers. Such collective resistance against the perpetrator shall occur even if he is the son of any one of them.
Article 17
Prohibition of killing a Muslim by a Muslim. A believer shall not kill (another) believer (in retaliation) for an unbeliever, nor help an unbeliever against a believer.
Article 18
Guarantee of the equal right of life protection for all Muslims.
The security of God (granted under this constitution) is one. This protection can be granted even by the humblest of the believers (that would be equally binding for all).
Article 19
The distinctive identity of the Muslims against other constitutional communities The believers shall be the associates of one another against all other people (of the world).
Article 20
Non-Muslim minorities (Jews) have the same right to life protection (as Muslims). A Jew, who obeys us (the state) shall enjoy the same right of life protection (as the believers do), so long as they (the believers) are not wronged by him (the Jews), and he does not help (others) against them.
Article 21
Guarantee of peace and security for all Muslims based on equality and justice.
And verily the peace granted by the believers shall be one. If there is any war in the way of Allah, no believers shall make any treaty of peace (with the enemy) apart from other believers, unless that is based on equality and fairness among all.
Article 22
Law of relief for war allies.
Every war ally of ours shall receive relief turns (at riding) at all military duties.
Article 23
Law of vengeance for the Muslims in case of bloodshed in the way of Allah. The believers shall execute vengeance for one another for the bloodshed in the way of Allah.
Article 24
Islam is the best code of life All God-fearing believers are under the best and most correct guidance of Islam.
Article 25
Prohibition of providing security of life and property to the enemy.No idolater (or any non-believer of the clans of Madinah) No idolater (or any non-believer among the clans of Medina) shall give protection for property and life (any of them) Quraysh (because of their being hostile to the state of Madinah) nor shall intervene on his behalf against any believer.
Article 26
Execution of the law of retaliation for a Muslim murder. When anyone intentionally kills a believer, the evidence being clear he shall be killed in retaliation, unless the heirs of the victim are satisfied with the blood money. All the believers shall solidly stand against the murderer and nothing will be lawful for them except opposing him.
Article 27
No protection or concession for the doer of mischief and subversion against the constitution.
A believer who believes in God and in the Hereafter and agrees to the contents of this document shall not provide any protection or concession to those who engage in mischief and subversion against this constitution. Those who do so shall face the curse and wrath of God on the Day of Resurrection. Furthermore, nothing shall be accepted from them as compensation or restitution (in the life hereafter).
Article 28
The final and absolute authority in the disputes vests in Almighty Allah and Prophet Muhammad (Peace be upon him)
When anyone among you differs about anything, the dispute shall be referred to Almighty Allah and to Rasulullahﷺ, (as all final and absolute authority is vested in them).
Article 29
Proportionate liability of non-Muslim citizens (the Jews) in bearing the war expenses
The Jews (non-Muslim minorities) will be subjected to a proportionate liability of the war expenses along with the believers so long as they (the Jews) continue to fight in conjunction with them.
Article 30
Guarantee of freedom of religion for both the Muslims and non-Muslim minorities (the Jews)
The Jews of Banu Awf (non-Muslim minorities) shall be considered a community along with the believers. They shall be guaranteed the right of religious freedom along with the Muslims. The right shall be conferred on their associates as well as themselves except those who are guilty of oppression or the violators of treaties. They will bring evil only to themselves and their family.
Article 31
Equality of rights for the Jews of Banu Najjar with the Jews of Banu Awf
The Jews of Banu Najjar shall enjoy the same rights as granted to the Jews of Banu Awf.
Article 32
Equality of rights for the Jews of Banu Harith with the Jews of Banu Awf The Jews of Banu Harith shall enjoy the same rights as granted to the Jews of Banu Awf.
Article 33
Equality of rights for the Jews of Banu Sa’ida with the Jews of Banu Awf. The Jews of Banu Sa’ida shall enjoy the same rights as granted to the Jews of Banu Awf.
Article 34
Equality of rights for the Jews of Banu Jusham with the Jews of Banu Awf. The Jews of Banu Jusham shall enjoy the same rights as granted to the Jews of Banu Awf.
Article 35
Equality of rights for the Jews of Banu Aws with the Jews of Banu Awf The Jews of Banu Aws shall enjoy the same rights as granted to the Jews of Banu Awf.
Article 36
Equality of rights for the Jews of Banu Tha’laba with the Jews of Banu Awf. The Jews of Banu Tha’laba shall enjoy the same rights as granted to the Jews of Banu Awf except those who are guilty of oppression or violate treaties; they will bring evil only to themselves and their family.
Article 37
Equality of rights for Jaffna, the branch of Banu Tha'laba, with the Jews of Banu Awf Jafna, a branch of Banu Thalaba, shall enjoy the same rights as granted to Banu Tha'laba.
Article 38
Equality of rights for the Jews of Banu Shutayba with the Jews of Banu Awf. The Jews of Banu Shutayba shall enjoy the same rights as granted to the Jews of Banu Awf. There shall be complete compliance (with this constitution) and no violation (of its clauses)
Article 39
Equality of rights for all the associates of the tribe Tha’laba. All the associates of Banu Tha’laba shall enjoy the same rights as granted to Banu Thalaba.
Article 40
Equality of rights for all branches of the Jews. All sub-branches of the Jews shall enjoy the same rights as granted to them (the Jews).
Article 41
Final command and authority in military expeditions vests in Rasulullahﷺ Verily none among the allies shall advance (on a military expedition) without the prior permission of Rasulullahﷺ(in whom vests the final command and authority).
Article 42
No exception from the law of retaliation. There shall be no impediment on anyone who wished to avenge a wound.
Article 43
Responsibility for unlawful killing.
Whoever commits an unlawful killing shall be responsible for it himself with his family members but he is exempted in case he kills a cruel. Verily, Allah (is the Trust Helper) supports those who adhere completely to this constitution.
Article 44
Separate liability of war expenses. The Jews and the Muslims shall bear their own war expenses separately.
Article 45
Compulsory mutual help to one another in case of war. There shall be mutual help between one another against those engaged in war with the allies of this document.
Article 46
Mutual consultation and honorable dealing There shall be mutual consultation and honorable dealing between the allies and there shall be the fulfillment, not the violation, of all pledges.
Article 47
Law of prohibition of treachery and help of the oppressed. No one shall violate the pledge due to his ally and verily; help shall be given to the oppressed.
Article 48
The Jews (non-Muslim minorities) shall also extend financial support to the state during the war period. The Jews (non-Muslim minorities) along with the believers shall extend financial support to the state during the war period.
Article 49
Prohibition of fighting and bloodshed among the various communities of the state. The valley of Yathrib is sacred and there shall be a prohibition on fighting and bloodshed among the various communities of the state.
Article 50
Equal right of life protection shall be granted to everyone, who has been given the constitutional shelter A person given constitutional shelter shall be granted an equal right of life protection as long as he commits no harm and does not act treacherously.
Article 51
Law of shelter for the women
A woman shall not be given any shelter without the consent of her family.
Article 52
Authority of Allah and Rasulullahﷺ shall be the final and absolute authority in all disputes instigating any quarrel.
And verily if any dispute arises among the parties to this document from which any quarrel may be feared, it shall be referred to Rasulullahﷺ, the Messenger of God, for the final and absolute decision. Verily, God is the Guarantee for the faithful observance of the contents of this constitution (which shall be enforced by the state).
Article 53
No refuge for the enemies of the state nor for their allies. There shall be no refuge for the Quraysh (the enemies of the state) nor for their allies.
Article 54
Joint responsibility of defense in case of an attack on the state. The Muslims and the Jews shall be jointly responsible to defend (the state of) Madinah against any outside attack.
Article 55
The incumbency of observance of the treaty of peace for every ally. It shall be incumbent upon the Jews to observe and adhere to any peace treaty they are invited to participate in. Likewise, it shall also be incumbent upon the Muslims to observe and adhere to any peace treaty they are invited to.
Article 56
No treaty shall suspend or negate the responsibility of the protection of Deen (Likewise, it shall be incumbent upon the Muslims also to observe and adhere to any peace treaty that they are invited to), but no treaty will restrain them from fighting for the protection of their Deen.
Article 57
Every party to the treaty shall be responsible for the defense of its facing direction. Every party to the treaty shall be responsible for the measures and arrangements of the defence of its facing direction.
Article 58
The basic constituent members of this document and their associates shall possess equal constitutional status. The Jews of Aws (one of the basic constituent members of this document) and their allies shall possess the same constitutional status as the other parties to this document, with a condition that they should be thoroughly sincere and honest in their dealing with the parties.
Article 59
No party shall have any right of violation of the constitution. No party shall have the right to violate the constitution. Every person who is guilty of a crime shall be held responsible for his actions alone.
Article 60
Favor of Almighty Allah will be subject to the observance of the constitution. Verily, God is the Guarantee for the faithful observance of the contents of this constitution (which shall be enforced by the state).
Article 61
No traitor or oppressor shall have the right of protection under this document. Verily this constitutional document shall not protect any traitor or oppressor.
Article 62
All peaceful citizens would be in safe and secure protection. Verily, whoever goes out (on a military expedition) shall be provided with security and whoever stays in Madinah shall have (likewise), except those who commit oppression and violate the contents of this constitution.
Article 63
Allah and his Prophet Muhammad (Peace be upon him) are the protectors of the peaceful citizens of Medina who abide by the constitution. Verily, Allah and Rasulullahﷺ, the Messenger of God, are the protectors of good citizens and of those who fear Almighty Allah.
[Ref: Ibn Hisham, as-Sirat-un-Nabawiyyah, vol : 2, pg : 281]
