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. _________________________________________________________________ Join the world’s largest e-mail service with MSN Hotmail. http://www.hotmail.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html To contact the List Management, please send an e-mail to: [log in to unmask] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~