By all counts, the medina constitution lit the torch of freedom by establishing a free state for a pluralistic community composed of muslims, jews, and pagans. The constitution of medina 63 constitutional articles shaykhulislam dr muhammad tahirulqadri minhajulquran publications 298 romford road forest. Constitution of medina political science bibliographies in harvard style. Numerous and frequentlyupdated resource results are available from this search. Many historians consider the english magna carta to be the first written constitution.
First, i would hesitate to claim that all muslims are opposed to religious pluralism. The charter of madinah mankinds first written constitution. This pdf is based on dr qadris book constitutional analysis of the constitution of medina. It is a remarkable politicalconstitutional document and the first written constitution of democracy in human history, all later constitutions was founded upon it. Nov 09, 2012 he analysed the constitution of medina and formed 63 articles. The term constitution, however, is a misnomer, because the treaty. Constitution of medina professor roger louis martinezdavila. An analysis of the constitution of medina in a report titled a reassessment of medina charter according to professor leonard swidlers pluralism perspective states that the constitution is a significant document in displaying the prophets efforts in uniting the city and bringing the groups together around the law, which was explicitly announced to the people. Muhammad hamidullah, one of the most eminent muslim researchers and scholars of the 20th century, the charter of madina mithaqulmadina was the first constitution written by mankind.
To make this argument, the article first introduces this legalpolitical text and explicates the rhetorical exigence that mandated medina s inhabitants to articulate a framework for rights and obligations. Remarkably 45% of the total population in medina consisted of nonmuslim arabs, 40% consisted of jews, and only 15%. More recently the noted islamic scholar and jurist dr muhammad tahirulqadri analysed the constitution and categorised the headings of the articles according to the modem legal constitutions consisting of 63 articles. The constitution, charter or covenant of medina predated the english magna carta by almost six centuries. As former dictatorships fall and states try to establish a new framework for running governments and societies, the muslimmajority arab nations must keep the lessons of our historys first constitution in mind. Michael lecker provides us with a monograph exclusively focused on a single legal document from the time of the prophet. The constitution of medina also known as the charter of medina was drawn up on behalf of the. Establishing the role of muhammad as the mediating authority between the two groups and the others in medina was central to the ending of medinan internal violence and was an essential feature of the constitution. The original document of the constitution is not extant now. Among both specialists in islamic studies and the general public, this document is commonly known as the constitution of madina. An essay on methodology and ideology in islamic legal history anver emon the constitution of medina the wathiqat almadina is a document reportedly drawn up by the prophet muhammad d.
Clearly the compact of medina by itself cannot serve as a modern constitution. Jun 01, 2011 mesakemadina,dunya news special sehar transmission,22072014,molana m ilyas ghumman duration. By all counts, the medina constitution lit the torch of freedom by establishing a free state. Pdf the constitution of medina in 63 constitutional. This is so far the only book dedicated to the treaty. The compact of medina clearly served a constitutional function since it was the constitutive document for the first islamic state. This product is only a free pdf file which you can download from this page. Medina charter wikisource, the free online library.
Ohio 4h youth development club constitution medina. Nov 17, 2006 the first islamic state was founded not in the shadow of swords, as is commonly believed in some circles, but in the security of a social contract, called the constitution of medina. Pdf ancient fictionality the constitution of medina part one. Rather, it is classical islam that is opposed to pluralism, for it aims to bring the whole world. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. The constitution formed the basis of a multireligious islamic state in medina. Oct 18, 2017 an analysis of the constitution of medina in a report titled a reassessment of medina charter according to professor leonard swidlers pluralism perspective states that the constitution is a significant document in displaying the prophets efforts in uniting the city and bringing the groups together around the law, which was explicitly announced to the people. Analysis and translation of the documents comprised in the socalled constitution of medina 1978 bulletin of the school of oriental and african studies, university of london. It includes a critical edition of the two versions of the document i.
Constitution of medina, document from early islamic history based upon two agreements concluded between the clans of medina and the prophet muhammad soon after the hijrah latin. In 1986 the text of the constitution of medina was compiled into 47 articles by dr muhammad hamidullah who did this using various original islamic sources. Ebook or pdf edited book email encyclopedia article govt. The constitution was meant for the ten thousandstrong multi religious citizens of the state of medina. This is indicated in some further versions about ibn asam in which he is referred to as a genuine arab member of banu zurayq who was a halif u. Thus, this paper aims to identify and analyse the management of conflict in medina. The first written constitution of medina also known as the medina charter or the. It also incorporates the muhajirun into medinan tribal structure, as the muhajirun had abandoned the security of their meccan clan links and were concerned about their future in medina. The constitution of medina is the worlds first written constitution that successfully manages a plural society, making medina a strong and respected country. No alteration or amendment to the constitution will be made which will have the effect of the masjid ceasing to be a charity. Except clauses 2 and 3 which will never be subject to any change, alteration or amendment, this constitution may be amended by two thirds majority of the members present in a general meeting and voting. It constituted a formal agreement between muhammad and all of the significant tribes and families of yathrib later known as medina, including muslims, jews, christians and pagans. This is a document from muhammad the prophet may allah bless him and grant him peace, governing relations between the.
Its principles are based on the quran and the sunnah. The document also regulates relations between muslims and other communities on the basis of religion as opposed to ethnicity or tribal affiliation. The socalled constitution of medina henceforward, the treaty is the most significant document that survived from the time of the prophet muhammad. The constitution of medina establishes the umma as a community united across tribal boundaries and separate from pagan society. The medina constitution also instituted peaceful methods of dispute resolution among diverse groups living as one people but without assimilating into one religion, language, or culture. Pdf the constitution of medina in 63 constitutional articles. Constitution of medina professor roger louis martinez. Dec 28, 2011 the constitution of medina and not the magna carta was the first ever constitution describing a pluralistic society. The following is a translation of the original text of the constitution of medina by muslim scholar and polymath muhamad hamidullah based on the following historical sources.
Denny, university of virginia there is no simple formula for defining the term ummah in the quran, because it covers a variety of realities. Ibn ishaq, biographer of the prophet muhammed born c. The noted islamic scholar and jurist dr muhammad tahirulqadri analysed the constitution and divided it into 63 constitutional articles. Muhammad tahirulqadri article 1 constitutional document this is a constitutional document given by muhammad peace be upon them, the prophet, messenger of god. This ebook is based on dr qadris book constitutional analysis of the constitution of medina. The constitution of medina some notes created date. Constitution of medina political science bibliographies. The constitution or charter of medina predated the english magna carta by almost six centuries. It created a new ummah, or community, not long after his arrival at medina yathrib in the hijrah 622 ce.
This is a document from muhammad the prophet may allah bless him and grant him peace, governing relations between the believers i. The constitution of medina, drafted by the prophet muhammad. The article demonstrates how the constitution of medina 622 ce is a multidimensional rhetoric of justice that countered rampant violence in the nascent citystate known as medina. Ubayds based on many sources, both in book and manuscript form. Ibn ishaqs record of the constitution of medina ibn ishaq, biographer of the prophet muhammed born c. The first written constitution of medina also known as the medina charter or the charter of medina was drafted and declared by prophet muhammad peace be upon him in the year 622 ad to the people of medina who included not only. Today, it is critical to understand the key role of the constitution of madinah, especially in the wake of the arab spring. The constitution of medina 63 constitutional articles. It is known to be the first constitution in islam and arguably the first formal constitution written in history. Charter of medina was drafted and declared by prophet muhammad peace be. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel.
Email citation this is so far the only book dedicated to the treaty. In the name of god the compassionate, the merciful. There exists a written contract known as the constitution of medina, which the prophet muhammad exchanged with the people of medina after the hijra. The constitution of medina, written on behalf of the islamic prophet muhammad in 622 ce, outlines the rights and duties of the people living in the city of medina presentday saudi arabia. The constitution of medina 9 the jews who had such hilf relations with arab clans seem to have been almost affiliated into the arab tribes whose halifs they became.
The first written constitution of medina also known as the medina charter or the charter of medina was drafted and declared by prophet muhammad peace be upon him in the year 622 ad to the people of medina who included not only immigrant and. Au 3 emon anver, reflections on theconstitution of medina an essay on methodology and ideology in islamic. The constitution was created to end the bitter intertribal fighting between the rival clans of banu aws and banu khazraj in medina and to maintain peace and cooperation among all medinan groups. Establishing the role of muhammad as the mediating authority between. The first islamic state was founded not in the shadow of swords, as is commonly believed in some circles, but in the security of a social contract, called the constitution of medina. Many live alongside their nonmuslim neighbours quite happily. The medina charter was drafted by prophet muhammad in the year 622 a. Thus we can argue that the compact of medina serves the dual function of a social contract and a constitution. The constitution of medina is commonly attested to be the first indication of the umma, the islamic state, and although the document, if it existed, gives some indication of that its scope is limited. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. Muslims of quraysh and yathrib and those who followed them and worked hard with them. It is preserved in kitab sira rasul allah written by ibn ishaq d.
It was executed and implemented for 10 years 622632 a. In this article i will collect the description of the constitution from various biographers and introduce my understanding based on all these different sources. E in the name of god the compassionate, the merciful. Constitution of the united states we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this. The prophet then wrote a contract between the muhajirun and the ansar with which he concluded a covenant and a truce with the jews, confirmed them in their religion and their property, and imposed obligations on them and guaranteed them certain rights. 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.
The medina charter, which was created as a basis for the medina citystate established by the prophet muhammad,2 was the first written constitution in islam. The messenger of god wrote a document between the emigrants and the ansar, and in it he made a treaty and covenant with the jews, establishing them in their religion and possessions, and assigning to them rights and duties. Pdf the first islamic state was founded not in the shadow of swords, as is commonly believed in some circles, but in the security of a social. The constitution of madinah abdul malik mujahid in islamic history, after the quran and sunnah, one of the key documents from the life of prophet muhammad, peace and blessings be upon him, is the constitution of madinah. The constitution of medina and not the magna carta was the first ever constitution describing a pluralistic society. The document known as the constitution of medina 1 has been studied by western scholars among whom was already j.