Misaq-e-Madina: First written constitution of Islamic State

Introduction

The constitution of Medina was a significant document created by the Prophet Muhammad (SAW) in 622 CE. This agreement set the first Muslim community (Ummah) in Medina.

It contains various crews, including Jews, Christians, and pagan Arabs. The Medina Charter outlined the rights and responsibilities of all citizens, promoting peace, security, and cooperation among different groups. It established governance, justice, and security rules, ensuring equitable and just treatment for all residents, regardless of their faith.

Origins of the Charter

Prophet Muhammad (SAW) and his followers migrated from Mecca to Madina due to increasing oppression. This migration marks the beginning of the Islamic calendar. Madina was home to many Arab crews, including the Aws and Khazraj, as well as Jewish crews, such as Banu Qaynuqa, Banu Nadir, and Banu Qurayza. Before the Prophet Muhammad’s (SAW) coming, the Jews had significant control over the city’s governance, politics, trade, and economy.

Need for the Charter

The Muslims in Medina were facing threats from the Quraysh crew in Mecca, who opposed the new Islamic community. The continuous attacks and attempts to harm the Muslims made it necessary to form a strategic partnership and security measures among the people of Medina.

Due to the diverse population in Medina, it was crucial to establish a framework for creating laws and regulations governing intertribal relations, ensuring justice, and promoting collective security. This framework aimed to prevent internal conflicts and create a stable and safe environment for all residents.

Key Features of the Constitution of Medina

The Misaq-e-Madina is a foundational document in Islamic history that outlines the governance and social order of the different communities in Medina. Key features include:

Religious Freedom for Jews: The Misaq-e-Madina guarantees the Jewish crews the freedom to practice their religion without interference.

Mutual Defense Obligations: All crews, both Muslim and Jewish, bind themselves to defend Medina collectively against external threats.

Equal Rights in Civil and Cultural Matters: The document ensures equality in civil and cultural affairs among the crews, encouraging unity and cooperation.

Judicial Authority of the Prophet Muhammad (SAW): They recognize Prophet Muhammad (SAW) as the supreme judicial authority responsible for resolving conflicts and maintaining justice.

Non-Interference in Internal Affairs of the Jewish Crews: The Jewish crews are independent in managing their internal affairs, reflecting respect for their internal governance.

Structure of the Charter

The Misaq-e-Madina comprises 47 clauses, with 23 governing the relationship between Muslims, including Ansar and Muhajirin, and the remaining 24 governing the relations of Muslims with non-Muslims, specifically the Jews and others. Below is a detailed explanation of the 47 clauses:

1. Introduction: The Constitution of Medina is a historical document that outlines the rules and agreements between Muslims, specifically the Quraysh emigrants (Muhajirun), the people of Medina (Ansar), and those who join them in conflicts. This charter was pivotal in establishing a cooperative community in Medina.
2. Political Unity: Muslims and their supporters form a different political community, separate from others, stressing unity and collective identity.
3. Quraysh Emigrants: The Quraysh emigrants (Muhajirun) are responsible for their own group’s affairs. They must pay their own blood money (compensation for killings) and bail out their prisoners.
4. Banu ‘Awf: This crew handles its affairs, including paying blood money and bailing prisoners.
5. Banu Al-Harith-ibn-Khazraj: Similarly, Banu Al-Harith-ibn-Khazraj is responsible for its financial and legal matters.
6. Banu Sa’ida: Banu Sa’ida manages its group’s blood money and bails of prisoners.
7. Banu Jusham: Banu Jusham is responsible for its group’s financial obligations and bailing out prisoners.
8. Banu an-Najjar: This crew is accountable for its own group’s affairs, including financial and legal matters.
9. Banu ‘Amr-ibn-‘Awf: Banu ‘Amr-ibn-‘Awf handles its own group’s financial and legal issues.
10. Banu-al-Nabit: This crew is responsible for its group’s blood money and bailing prisoners.
11. Banu-al-Aws: Banu-al-Aws manages its own group’s financial obligations and bails prisoners.
12. Helping Debtors: Muslims must help those in debt and should not enter into agreements that conflict with living ones.
13. Dealing with Rebels: Muslims will unite against anyone causing trouble or committing crimes, even if they are close relatives.
14. No Retaliation for Non-Muslims: A Muslim will not kill another Muslim in revenge for a non-Muslim and will not support non-Muslims against Muslims.
15. Protection: All Muslims share the same protection; even the least can grant protection to others.
16. Jews’ Rights: Muslims will treat Jews who follow them equally and will not oppress them.
17. Unified Peace: Peace agreements must be joint and binding for all Muslims.
18. War Rotation: Military forces will take turns fighting to provide continuous defense.
19. Blood Revenge: Muslims will collectively seek revenge for killings, ensuring justice.
20. Best Muslims: Muslims are considered the best and must not protect Qurayshites’ lives or property unjustly.
21. Murder Revenge: A proven murderer will face revenge unless the victim’s family accepts blood money. All Muslims must support this rule.
22. No Aid to Murderers: It is forbidden to help or protect a murderer; doing so brings Allah’s (SWT) curse.
23. Dispute Resolution: Refer disputes to Allah (SWT) and Prophet Muhammad (SAW) for solutions.
24. War Expenses: Jews will share war costs with Muslims if they fight together.
25. Jews of Banu ‘Awf: The Jews of Banu ‘Awf and the Muslims are considered one community (Ummah). Jews have their religion, and Muslims have theirs, and they will support each other. They will treat them as supporters, and anyone who does wrong or commits betrayal will bring evil only upon himself and his household.
26. Jews of Banu-an-Najjar: Have the same rights as the Jews of Banu ‘Awf.
27. Jews of Banu-al-Harith: Have the same rights as the Jews of Banu ‘Awf.
28. Jews of Banu Sa’ida: Have the same rights as the Jews of Banu ‘Awf.
29. Jews of Banu Jusham: Have the same rights as the Jews of Banu ‘Awf.
30. Jews of Banu al-Aws: Have the same rights as the Jews of Banu ‘Awf.
31. Jews of Banu Tha’laba: Have the same rights as the Jews of Banu ‘Awf. Wrongdoers harm only themselves.
32. Jafna Crew: A branch of Tha’laba, the Jafna crew, will have the same rights.
33. Banu-ash-Shutaiba: They have the same rights as the Jews of Banu ‘Awf and must remain faithful to the treaty.
34. Mawlas of Tha’laba: Clients (Mawlas) will have the same rights as original members.
35. Jewish Sub-branches: Jewish sub-branches have the same rights as their main crews.
36. Permission for War: Jews cannot fight without Muhammad’s (SAW) permission. They must avenge the bloodshed unless the person is wronged.
37. War Expenses: Jews and Muslims bear their own costs but must help each other if attacked.
38. War Support: Jews bear their expenses while fighting with Muslims.
39. Sacred Medina: Yathrib (Medina) is a holy place for everyone in the agreement.
40. Clients’ Rights: Clients have the same treatment as original members and cannot be harmed.
41. Refugee Permission: Refugees can only grant refuge to others with permission from the locals.
42. Dispute Handling: Murder or quarrels causing trouble will be referred to Allah (SWT) and Prophet Muhammad (SAW).
43. No Protection for Quraysh: Quraysh will not receive protection or help from the community.
44. Mutual Help: Jews and Muslims will help each other against any Conqueror.
45. Peace Invitations: Both parties must offer and accept peace unless it involves religious war. Each group defends its area.
46. Rights of Jews of al-Aws: Jews of al-Aws, clients, and original members have the same rights and must be sincere in their obligations.
47. No Aid to Oppressors: The agreement does not protect oppressors or breakers of the treaty. Allah (SWT) supports the faithful and obedient.

Reference: The First Written Constitution of the World by Muhammad Hamidullah.

Importance of the Medina Charter

Misaq-e-Madina is one of the most significant documents in Islamic and world history. Here are some key aspects that highlight the importance of the Misaq-e-Madina:

Foundation of Islamic Governance: It set a framework for governance based on principles of justice, equality, and cooperation.

First Written Constitution in Human History: The Medina Charter is historically significant as it is considered the first written constitution that outlines a community’s rights and responsibilities under a central authority.

Promotion of Social Justice and Equity: The charter stressed social justice and equity, ensuring that they treated all community members fairly, regardless of their tribal or religious unions. It addressed various aspects of social welfare, including protecting the weak and the equitable distribution of resources, setting a precedent for future Islamic social policies.

Influence on Later Legal Systems

The Constitution of Medina is a significant document in the history of legal systems. Some scholars believe that this charter is the origin of later constitutional documents because of its principles of legal and administrative organization and its focus on community unity and collective security.

Although there is scholarly debate about the direct influence of the Medina Charter on documents like the American Constitution and the English Magna Carta, its presence as an early form of social contract, predating these Western legal milestones by centuries, is noteworthy. It emphasizes the long history of legal thought and the development of governance structures aimed at managing communal relations and ensuring justice.

Frequently Asked Questions (FAQs)