Dear Members,
Al-salaamu alaykum wa rahmat-Allaahi wa barakaatuhu (Peace be upon you,
and the mercy of Allaah and His blessings).

The Compact of Medina:
A Constitutional Theory of the Islamic State.
By
M. A. Muqtedar Khan
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.[See end of article for
Constitution of Medina.Please excuse typos it was done in a hurry.]

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.


The Constitution of Islamic State of Madina.

The Constitution of Islamic State of Madina. The First Written Constitution
Of Human History. An excerpt from the book "Constitutional Analysis of the
Constitution of Madina"written by Dr.Muhammad Tahir-ul-Qadri.
Article 1.This is a constitutional document given by Muhammad (SAW), the
prophet,(Messenger of God).Article 2 Constitutional Subjects of the
State(This shall be a pact) between the Muslims of Quraysh, the people of
Yathrib ( theCitizens of Madina) and those who shall follow them and become
attached tothem (politically) and fight along with them. ( All these
communities shall be theconstitutional subjects of the state.)Article 3
Formation of the Constitutional NationalityThe aforementioned communities
shall formulate a Constitutional Unity as distinctfrom (other)
people.Article 4 Validation and Enforcement of the former tribal laws of
blood money for theemigrant QurayshThe
emigrants from Quraysh shall be responsible for their ward and they
shall,according to their former approved practice, jointly pay the blood
money in mutualcollaboration and every group shall secure the release of
their prisoners by payingthe ransom. Moreover, the deal among the believers
shall be in accordance withthe recognized principals of law and
justice.Article 5 Validation of the former laws of blood money for Banu
AufAnd the emigrants from
Banu Auf shall be responsible for their ward and theyshall, according to
their former approved practice, jointly pay the blood money inmutual
collaboration and every group shall secure the release of their prisoners
bypaying the ransom. Moreover , the deal among the believers shall be in
accord-ance with the recognized principles of law and justiceArticle 6
Validation of the former laws
of blood money for Banu HarithAnd the emigrants from Banu Harith shall be
responsible for their ward and theyshall, according to their former approved
practice, jointly pay the blood money inmutual collaboration and every group
shall secure the release of their prisoners bypaying the ransom. Moreover,
the deal among the believers shall be in accord-ance 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 inmutual collaboration and every group shall
secure the release of their
prisoners bypaying 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 JushamAnd the
emigrants from Banu Jusham shall be responsible for their ward and
theyshall, according to their former approved practice, jointly pay the
blood money inmutual collaboration and every group shall secure the release
of their prisoners by paying the ransom.Moreover, the deal among the
believers shallbeinaccord-ance with the recognized principles of law and
justice.Article 9 Validation of the former laws of blood money for Banu
NajjarAnd the emigrants
from Banu Najjar shall be responsible for their ward and theyshall,
according to their former approved practice, jointly pay the blood money
inmutual collaboration and every group shall secure the release of their
prisoners by paying the ransom. Moreover, the deal among the believers shall
be in accord-ance with the recognized principles of law and justice.Article
10 Validation of the former laws of blood money for Banu AmrAnd the
emigrants from Banu Amr shall be responsible for their ward and theyshall,
according to their former approved practice, jointly pay the blood money
inmutual collaboration and every group shall secure the release of their
prisoners bypaying 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 NabeetAnd the
emigrants
from Banu Nabeet shall be responsible for their ward and theyshall,
according to their former approved practice, jointly pay the blood money
inmutual collaboration and every group shall secure the release of their
prisoners bypaying 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 AwsAnd the
emigrants from Banu Aws shall be responsible for their ward and theyshall,
according to their former approved practice, jointly pay the blood money
inmutual collaboration and every group shall secure the release of their
prisoners bypaying the ransom. Moreover, the deal among the believers shall
be in accord-ance 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 indis-criminate
rule of law and justice is applied among thebelievers.Article 14 Prohibition
of relaxation in execution of law 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 favouritismA believer
shall not form an alliance with
the associate of (another) believer with-out the (latter's) consent.Article
16 Collective resistance against injustice, tyranny and mischiefThere shall
be
collective resistance by the believers against any individual whorises in
rebellion, attempts to acquire anything by force, violates any pledge
orattempts to spread mischief amongst the believers. Such collective
resistanceagainst the perpetrator shall occur even if he is the son of
anyone of them.Article 17 Prohibition of killing of a Muslim by a MuslimA
believer shall not kill (another) believer (in retaliation) for an
unbeliever, nor help an unbeliever against a believer.Article 18Guarantee of
equal right of life protection for all
the Muslims The security of God (granted under this constitution) is one.
This protection canbe granted even by the humblest of the believers ( that
would be equally bindingfor all).Article 19 Distinctive identity of the
Muslims against other constitutional communities.The believers shall be the
associates of one
another against all other people (ofthe world).Article 20 Non-Muslim
minorities (Jews) have the same right of life protection (likeMuslims)A Jew,
who obeys us( the state) shall enjoys the same right of life protection(
asthe believers do), so long as they (the believers) are not wronged by him.
(theJews), and he does
not help (others) against them.Article 21 Guarantee of peace and security
for all the Muslims bases on equality andjustice.And verily the peace
granted by the believers shall be one. If there is any war inthe 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
amongall.Article 22 Law of relief for war alliesEvery war ally of ours shall
receive relief turns ( at riding) at
all military duties.Article 23Law of vengeance for the Muslims in case
bloodshed in the way of AllahThe believers shall execute vengeance for one
another for the bloodshed in theway of Allah.
Article 24 Islam is the best code of lifeAll the God-fearing believers are
under the best and most correct guidance ofIslam.Article 25 Prohibition of
providing security of life and property to the enemyNo idolater ( or any
non-believer among the clans of Madina) shall give protectionfor property
and life to ( any of the ) Quraysh ( because of their being hostile to
thestate of Madina) 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 bekilled in retaliation, unless
the heirs of the victim are satisfied with the bloodmoney. All the believers
shall solidly stand against the murderer and nothing willbe lawful for them
except opposing him.Article 27 No protection or concession for the doer of
mischief and subversionagainst the constitution.A believer who believes in
God and in the Hereafter and agrees to the contents ofthis document shall
not provide any
protection or concession to those who engagein mischief and subversion
against this constitution. Those who do so shall facethe curse and wrath of
God on the Day of Resurrection. Furthermore, nothingshall be accepted from
them as a compensation or restitution ( in the life hereaf-ter).Article No.
28 The final and absolute authority in the disputes vests in almighty Allah
andHazrat Muhammad (SAW).When anyone among you differs about anything, the
dispute shall be referred to Almighty Allah and to the Prophet Muhammad
(SAW) (as all final and
absolute authority is vested in them).Article No. 29 Proportionate liability
of non-Muslim citizens (the Jews) in bearing the warexpenses.The Jews
(non-Muslim minorities) will be subjected to a proportionate liability ofthe
war expenses
along with the believers so long as they (the Jews) continue tofight in
conjunction with them.Article No. 30 Guarantee of freedom of religion for
both the Muslims and non-Muslimminorities ( the Jews)The Jews of Banu Awf
(non-Muslim minorities) shall be considered a communityalong with the
believers. They shall be guaranteed the right of religious freedomalong with
the Muslims.The right shall be conferred on their associates as well
asthemselves except those who are guilty of oppression or the violators of
treaties.They will bring evil only on
themselves and their family.Article No. 31Equality 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 No. 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 No. 33Equality of rights for the Jews of
Banu Sa'ida with the Jews of Banu AwfThe Jews of Banu Sa'ida shall enjoy the
same rights as granted to the Jews ofBanu Awf.Article No. 34 Equality of
rights for the Jews of Banu Jusham with the Jews of Banu AwfThe Jews of Banu
Jusham shall enjoy the same rights as granted to the Jews ofBanu Awf.Article
No. 35 Equality of rights for the Jews of Banu Aws with the Jews of Banu
AwfThe Jews of Banu Aws
shall enjoy the same rights as granted to the Jews of BanuAwf.Article No. 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 who are guilty of oppression or violate treaties,
they will bringevil only on themselves and their family.Article No. 37
Equality of rights for Jafna, the branch of Banu Tha'laba, with the Jews
ofBanu AwfJafna, a branch of Banu
Thalaba, shall enjoy the same rights as granted to BanuTha'laba.Article No.
38 Equality of rights for the Jews of Banu Shutayba with the Jews of Banu
AwfThe Jews of Banu Shutayba shall enjoy the same rights as granted to the
Jews ofBanu Awf. There shall be complete compliance ( with this
constitution) and no violation (of its clauses)Article No. 39 Equality of
rights for all the associates of the tribe Tha'labaAll the associates of
Banu Tha'laba shall enjoy the same rights as granted to BanuThalaba.Article
No. 40 Equality of rights for
all branches of the JewsAll sub-branches of the Jews shall enjoy the same
rights as granted to them (theJews).Article No. 41 Final command and
authority in military expeditions vests in the prophetMuhammad (SAW)
Verily, none among the allies shall advance (on a military expedition)
without the prior permission of the Prophet Muhammad (SAW) (in whom vests
the final command and authority).Article No. 42No exception from the law of
retaliation.There shall be no impediment on anyone who wished to avenge a
wound.Article No. 43 Responsibility of 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 theTrust
Helper) support those who adhere completely to this constitution.Article No.
44 Separate liability of war expenses.The Jews and the Muslims shall bear
their own war  expenses separately.Article No. 45 Compulsory mutual help to
one another in case of war.There shall be mutual help between one another
against those engage in war withthe allies of this document.Article No. 46
Mutual consultation and honourable dealingThere shall be mutual consultation
and honourable dealing between the allies andthere shall be the fulfilment
not the violation, of all pledges.Article No. 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 No. 48 The
Jews (non-Musliminorities) shall also extend financial support to thestate
during the war period.The Jews (non-Muslims minorities) along with the
believers shall extend financialsupport to the state during the war
period.Article No. 49Prohibition of Fighting and bloodshed among the various
communities ofthe state.The valley of Yathrib is sacred and there shall be
prohibition of fighting and blood-shed among the various communities of the
state.Article No. 50Equal right of life protection shall be granted to
everyone , who has beengiven the constitutional shelter.A person given
constitutional shelter shall be granted an equal right of life
protec-tion as long as he commits no harm and does not act
treacherously.Article No.51 Law of shelter for the womenA woman shall not be
given any shelter without the consent of her family.Article No.52 Authority
of Allah and the prophet Muhammad (SAW) shall be final and absolute
authority in all disputes instigating any quarrel.And verily if any dispute
arises among the parties to this document from whichany quarrel may be
feared,it shall be referred to God and to Muhammad (SAW),the Messenger of
God , for the final and absolute decision. Verily, God is the Guarantee for
the faithful observance of the contents of this constitu-tion (which shall
be enforced by the state).Article No. 53No 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 theirallies.Article No. 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)Madina
against any outside attack.Article No.55 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 No. 56 No
treaty shall suspend or negate the responsibility of the protection
ofDeen.(Likewise, it shall be incumbent upon the Muslims also to observe and
adhere toany peace treaty that they are invited to), but no treaty will
restrain them fromfighting for the protection of their Deen.Article No. 57
Every party to treaty shall be responsible for the defence of its
facingdirection.Every party to the treaty shall be responsible for the
measures and arrangementsof the defence of its facing direction.Article
No.58 The basic constituent members of this document and their associates
shallpossess the equal constitutional
status.The Jews of Aws (one of the basic constituent members of this
document) and their allies shall posses the same constitutional status as
the other parties to this document, with a condition that they should
thoroughly sincere and honest in their dealing with the parties.Article No.
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 guiltyof a crime shall be held responsible
for his act alone.Article No60 Favour 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 No.61 No
traitor or oppressor shall have the right of protection under
thisdocument.Verily,this constitutional document shall not protect any
traitor or oppressor.Article No.62 All peaceful citizens would be in a save
and secure protection.Verily,whoever
goes out ( on a military expedition) shall be provided with securityand
whoever stays in Madina shall have (likewise), except those who commit
oppression and violate the contents of this constitution.Article No. 63
Allah and his Prophet Muhammad (SAW) are the protectors of the
peacefulcitizens of Madina who abide by the constitution.Verily, Allah and
the Prophet Muhammad (SAW),the Messenger of God,are the protectors of good
citizens and of those who fear from Allah.


With the very best of good wishes,
Musa Amadu Pembo
Glasgow,
Scotland
UK.
[log in to unmask]
Da’wah is to convey the message with wisdom and with good words. We should
give the noble and positive message of Islam. We should try to emphasize
more commonalities and explain the difference without getting into
theological arguments and without claiming the superiority of one position
over the other. There is a great interest among the people to know about
Islam and we should do our best to give the right message.
May Allah,Subhana Wa Ta'Ala,guide us all to His Sirat Al-Mustaqim (Righteous
Path).May He protect us from the evils of this life and the hereafter.May
Allah,Subhana Wa Ta'Ala,grant us entrance to paradise .
We ask Allaah the Most High, the All-Powerful, to teach us that which will
benefit us, and to benefit us by that which we learn. May Allaah Subhanahu
Wa Ta'ala grant blessings and peace to our Prophet Muhammad and his family
and
companions..Amen.

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