Constitution of Medina

3 Key excerpts on "Constitution of Medina"

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  The Concert of Civilizations

  • Jeremy Kleidosty(Author)
  • 2016(Publication Date)
  • Routledge

    (Publisher)

  It also accounts for the possibility of an Islamic pluralism that allows for peaceful religious coexistence within a Muslim state. Due to its longstanding existence as a document independent of the Qur ʾ an and hadith, yet one which nonetheless is compatible with them, the Constitution of Medina can potentially serve as an exemplary and foundational constitutional text for even those Muslims for whom their religious identity is more cultural and historical. 13 It can accommodate a wide variety of interpretations, as to who can be included in the umma, what the rights and duties of the ruler and ruled are, and what the fundamental role of the state is. In other words, just as the Magna Carta serves a mythical role in Western jurisprudence that far outstrips the particularities of its provisions, so too might the Constitution of Medina provide a model of basic societal values, customs and institutions for Muslim societies. One important caveat about the Constitution of Medina must be made before further discussion of its features. The works of Uri Rubin and R.B. Serjeant show that to call it a constitution at all is simply a convenience rather than an accurate descriptor. Furthermore, there is debate amongst scholars as to whether the “Constitution” was written as a unitary document. Documentary evidence supports the contention that it originates from the period just after the hijra to Medina, when Muhammad became judge and arbiter of that city. Furthermore, much of the text finds echoes in the Qur ʾ an itself, with many passages being nearly identical. However, in his 1978 journal article, R.B. Serjeant lays out the original composition and discusses the authenticity of the Constitution of Medina in great detail. He makes the following claims: The eight documents of which it is formed are doubtless traditional in pattern and diction, not at all novel to the age, and comprise the following distinct elements. A. The confederation treaty B

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  Cross and Crescent

  Responding To The Challenges Of Islam

  • Colin Chapman(Author)
  • 2012(Publication Date)
  • IVP

    (Publisher)

  4

  The Constitution of Medina

  Soon after Muhammad settled in Medina, he drew up a document known as The Constitution of Medina . This document begins as follows.

  In the name of God, the Merciful, the Compassionate! This is the writing of Muhammad the Prophet, between the believers and the Muslims of the Quraysh [from Mecca] and from Yathrib [Medina] and those who fight with them.

  It then lists forty-six different articles, of which these four are particularly significant.

  • They are a single community (umma ) distinct from other people.
  • Whenever there is anything about which you differ, it is to be referred to God and to Muhammad (peace be upon him).
  • The Jews bear expenses along with the believers so long as they continue at war.
  • The Jews of Banu ‘Awf are an umma along with the believers. To the Jews their religion and the Muslims their religion.5

  Michael Nazir-Ali points out some aspects of this Constitution and its potential significance for Muslims today.

  Here a single umma or community is created which includes refugees from Mecca and their hosts in Medina, Muslims, Jews and even unbelievers, all bound together in terms of a solemn social contract, under the terms of which all are treated equally. The situation was extremely volatile, however, and the cordial relations with the Jews did not last long. The contract did not, therefore, endure but, for its time, it is a most remarkable document and ought to have greater influence in the development of Islamic polity than it does. Today, there are many projects for an Islamic State in different parts of the world. The question is: would such a state be modelled on the Constitution of Medina; and if not, why not?6

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  The First Muslims

  History and Memory

  • Asma Afsaruddin(Author)
  • 2013(Publication Date)
  • Oneworld Publications

    (Publisher)

  “helpers;” sc. the Medinan Muslims), and the Jews of Medina. The articles of this document, known in Arabic as Sahifat al-Madina (lit. “the Document of Medina,” or, as is more commonly translated into English, as “the Constitution of Medina”), have been preserved in an early biography of the Prophet composed by Ibn Ishaq (d. 767), available to us in the redaction made by his student Ibn Hisham (d. 833). This document is generally accepted by modern scholars as authentic and largely believed to have been drawn up sometime before the Battle of Badr in 624. Among the reasons adduced for its authenticity are its archaic language and the use of terminology, such as “believers” (al-mu’minun) rather than “Muslims” that is more common in the early Medinan period. As Montgomery Watt has stated, “No later falsifier, writing under the Umayyads or ‘Abbasids, would have included non-Muslims in the ummah, would have retained the articles against Quraysh, and would have given Muhammad so insignificant a place.” 7 In his preface to the terms of the treaty, Ibn Ishaq states that “the Messenger of God (peace and blessings be upon him) wrote a covenant between the Migrant Meccan Muslims and the Medinan Helpers, and included the Jews in it and concluded a pact with them. He guaranteed for them [sc. the Jews] their religion and their property, and conferred on them specific rights and duties.” 8 The historical significance of the Constitution is considerable, since it gives us a very clear idea of the nature of the polity and of inter-faith relations envisaged in this early period. Some of the salient articles of this treaty are reproduced below: In the name of God, the Merciful, the Compassionate! This is a writing of Muhammad the Prophet between the believers and Muslims of Quraysh and Yathrib and those who follow them and are attached to them and who strive militarily (jahada) with them. They are a single community (umma) distinct from other people..

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