The Charter of Madina
بِسۡمِ ٱللهِ
ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ
The Constitution of Madina is also known
as the Charter of Madina. It was
drafted by the Prophet Muhammad (s.a.w.).
It constituted a formal agreement between Prophet Muhammad
(s.a.w.) and all of the
significant tribes and families of Yatsrib. It included
Muslims, Jews, Christians and pagans.
This constitution formed the basis of the future caliphate. The document was drawn up with the explicit
concern of bringing to an end the bitter inter tribal fighting between the Banu
Aws and Banu Khazraj within Madina.
This was the first written constitution. It is interesting to note that the
non-Muslims are also mentioned with the Muslims as one Ummah. It was written
shortly after the hijrah and
effectively established the first Islamic state. Yashrib was thereafter known as Madina
an-Nabi, the City of the Prophet (s.a.w.). This was shortened and has been known as
Madina ever since.
Scholars do not possess the original document but rather a
number of versions can be found in early
Muslim sources. The most widely read
version of the Constitution is found in the pages of ibn Ishaq's (r.a.) Sirah
Rasul Allah, while alternative copies are located in Sayyid an-Nas’ (r.a.)
and Abu ‘Ubayd's (r.a.) Kitab al-Amwal.
The first constitutional analysis of the Constitution of Madina was done
by Shaykh Muhammad Thahir al-Qadri (r.a.). He
analysed the Constitution of Madina and formed 63 articles.
Below is an excerpt from the book Constitutional Analysis
of the Constitution of Madina written by Shaykh Muhammad Tahir-ul-Qadri (r.a.).
Article 1: Constitutional Document
This is a constitutional document given by Muhammad (s.a.w.), 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
Yatsrib (the Citizens of Madina) 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
principals of law and justice.
Article 5: Validation of the Former Laws of Blood Money
for Banu ‘Awf
And the emigrants from Banu ‘Awf 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 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 Sa’ida
And the emigrants from Banu Sa’ida 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 Jurhum
And the emigrants from Banu Jurhum 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 Nabit
And the emigrants from Banu Nabit 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: 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 Favouritism
A believer shall not form an alliance with the associate of (another)
believer without the (latter’s) consent.
Article 16: Collective Resistances 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 anyone of them.
Article 17: Prohibition of killing of 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 Equal Right of Life Protection
for All the 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: 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 of Life Protection (as Muslims)
A Jew, who obeys us (the state) shall enjoys 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
the Muslims Bases 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 (s.w.t.), 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 Bloodshed
in the Way of Allah (s.w.t.)
The believers shall execute vengeance for one another for the bloodshed in
the way of Allah (s.w.t.).
Article 24: Islam is the Best Code of Life
All the 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 among the clans of Madina) shall give
protection for property and life to (any of the) Quraysh (because of their
being hostile to the state 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 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 a compensation or restitution (in the
life hereafter).
Article 28: The Final and Absolute Authority in the Disputes
Vests in Almighty Allah (s.w.t.) and
Prophet Muhammad (s.a.w.)
When anyone among you differs about anything, the dispute shall be
referred to Almighty Allah (s.w.t.)
and to the Prophet Muhammad (s.a.w.)
(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 on 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 Jurhum
with the Jews of Banu ‘Awf
The Jews of Banu Jurhum 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 who are guilty of oppression or violate treaties, they
will bring evil only on themselves and their family.
Article 37: Equality of rights for Jafna, 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 the Prophet Muhammad (s.a.w.)
Verily, none among the allies shall advance (on a military expedition)
without the prior permission of the Prophet Muhammad (s.a.w.) (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 of Unlawful Killing
Whoever commits an unlawful killing shall be responsible for it himself
with his family members but he is exempted in the case he kills a cruel person.
Verily, Allah (is the Trust Helper)
support 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 engage in war
with the allies of this document.
Article 46: Mutual Consultation and Honourable Dealing
There shall be mutual consultation and honourable 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-Muslims minorities) along with the believers shall extend
financial support to the state during the war period.
Article 49: Prohibition of Fighting and Bloodshed
amongst the Various Communities of the State
The valley of Yatsrib is sacred and there shall be prohibition of 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 (s.w.t.) and the Prophet Muhammad (s.a.w.)
Authority of Allah (s.w.t.) and
the Prophet Muhammad (s.a.w.) shall
be final and absolute. And verily if any
dispute arises among the parties to this document from which any quarrel may be
feared, it shall be referred to God and to Muhammad (s.a.w.), 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 or
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 Defence 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 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 56: No Treaty Shall Suspend or Negate the Responsibility
of the Protection of the Faith
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 Faith.
Article 57: Every Party to Treaty Shall be Responsible
for the Defence 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 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 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 act alone.
Article 60: Favour of Almighty Allah (s.w.t.) 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 have a Safe
and Secure Protection
Verily, whoever goes out (on a military expedition) shall be provided with
security and whoever stays in Madina shall have (likewise), except those who
commit oppression and violate the contents of this Constitution.
Article 63: Allah (s.w.t.)
and his Prophet (s.a.w.) are the Protectors
of the Peaceful Citizens of Madina Who Abide by the Constitution
Verily, Allah (s.w.t.) and the
Prophet Muhammad (s.a.w.), the
Messenger of God, are the protectors of good citizens and of those who fear
from Allah (s.w.t.).
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