The Constitution of Madinah
The next major incident of the early Madani period is the promulgation of the Constitution of Madinah. What exactly is this constitution?
One of the problems we have is this constitution is not mentioned in every classical source of seerah; and those that mention it, sometimes they mention it without a chain of narrators (isnad). When we go back to Ibn Ishaq, he mentions it in full, but says, "It has been narrated to me" — the issue here is there are 150 years between him and the Prophet PBUH, so we don't have a direct isnad. Other early books sometimes mention the Constitution as well, but again, without a full chain of narrators. Some books of hadith, e.g., Musnad Imam Ahmad, do mention one phrase of the Constitution, (Imam Ahmad says, "The Prophet PBUH wrote a book between the Muhajirun and the Ansar, and this book mention in it: 'Every one of them would take care of their own debts and problems, and there will be islah [إصلاح] and ma'ruf [معروف] between them'") — but the problem comes is that there is no early book that mentions the *whole* constitution *with* an isnad. And this has led some people to doubt there ever was a constitution; they say, "There is no evidence for this constitution to have taken place."
However, many modern researchers say, even if there is no chain of narrators, when you look at this constitution and its language, you see that it uses a very archaic language — a language that is not common even in the time of Ibn Ishaq; and if somebody were to fabricate it, he wouldn't have fabricated it with such a difficult language. And therefore, the majority of scholars of our times consider this constitution to be an authentic constitution. Note we will not discuss every single clause — because the Constitution takes up 5 pages. What we will do is break up the Constitution into four issues:
1. Everything related to the Muslims
2. Everything related to the Jews
3. Everything related to the pagans
4. Everything related to everyone in general
(Side note: Imam al-Dhahabi and others just gloss over the Constitution. It seems many people underestimated the importance of this constitution. Ibn Sa'd and al-Waqidi hardly mention it. And it's mentioned in bits and pieces by others. So it seems the significance of the Constitution is not fully appreciated. For us who live in Muslim minority lands, however, this constitution is very heartening and optimistic.)
The constitution is written in a very difficult language; and it's composed of sentences, e.g., "The Prophet PBUH said this, and he said this, and he said this," and a lot of what is mentioned are the names of tribes that we don't know anymore. (Recall "the Ansar" means "the Helpers," and they were composed primarily of the Aws and the Khazraj, but there were more than these two; and even within the Aws and the Khazraj, there are at least 40-50 subtribes. And for most of these subtribes, we don't have much details of their names.) And this constitution mentions every single one of these names (which is, in fact, a sign of its authenticity), and what is required of this subtribe. The same applies for the Jews: There were three large tribes, but within them, there were many subtribes.
The constitution is written in a very difficult language; and it's composed of sentences, e.g., "The Prophet PBUH said this, and he said this, and he said this," and a lot of what is mentioned are the names of tribes that we don't know anymore. (Recall "the Ansar" means "the Helpers," and they were composed primarily of the Aws and the Khazraj, but there were more than these two; and even within the Aws and the Khazraj, there are at least 40-50 subtribes. And for most of these subtribes, we don't have much details of their names.) And this constitution mentions every single one of these names (which is, in fact, a sign of its authenticity), and what is required of this subtribe. The same applies for the Jews: There were three large tribes, but within them, there were many subtribes.
And the way the Constitution was written was very different from today: sentences were jumbled up (not each in their own section), and it's very difficult to analyze. So we will simplify it:
— Of the clauses, the Prophet PBUH said in the Constitution, "The Muslims from the Quraysh and Yathrib..." [Pause here.] Notice the name "Yathrib" is used, which again shows its authenticity, because right when the Prophet PBUH came, Madinah was still called Yathrib. The fact that it's called Yathrib shows he is talking to people who are not used to the name Madinah yet. Also, notice the term "Muhajirun" and "Ansar" is not used yet. [Resuming.] He said, "The Muslims from the Quraysh and Yathrib, and those who join them, are one ummah. And this ummah is in and unto itself (i.e., the ummah is unique to itself to the exclusion of the rest of mankind — this is a unique ummah; you have bonds that nobody else can share)."
— He then mentions 40 subtribes all by name, and says, "Every subtribe will be left with their own responsibilities they had before Islam. They shall take care of their own blood-money disputes, their own prisoners of war, and their own poor." So in this early stage, the welfare system was local — if someone needed help, they would keep it to a tribal level.
— Another clause: All of the Muslims shall unite against those who do injustice, even if it be one of their own. So this means if somebody does zulm (oppression), even if he is a Muslim, everyone will unite against him. (And this actually goes back to the Hilf al-Fudul — "Everybody will be united against the zalim even if they are one of our own" [see episode 8].)
— The final clause was, "The dhimmah (ذمة - protection) granted by the Muslims is the same, and even the lowliest of them can give protection." What is the concept of dhimmah? In that Islamic state, how did somebody get a 'visa' to enter Dar al-Islam (Madinah)? The Prophet PBUH is saying every Muslim has the right to give anybody whom they know this 'visa' (i.e., protection), even if the person giving this 'visa' is the lowliest of society (even if they are a slave or a child at the age of tamyiz [تمييز]) — he has the permissibility to allow anybody to enter Madinah. So this is the 'visa.' And if somebody comes in with this 'visa,' nobody can harm him.
Again, the Prophet PBUH mentioned all of the Jewish tribes by name specifically (and there were around 12 different tribes), and then:
— He PBUH said, "All of these Jews are one ummah, along with the Believers." Meaning they have a type of status that in some ways is equivalent to the Muslim ummah. And the Prophet PBUH said they shall take care of their own disputes, affairs, blood money, internal crime, etc. — meaning they are all in charge of it, unless they wish to come to the Muslims for help OR if it involves an event between both the Jews and the Muslims. If there is zulm, murder, etc., between the two ummahs, then it will go to the higher authority. Otherwise, the affairs of the Jews are the business of the Jews.
— The Prophet PBUH further said, "Between the two (i.e., the Muslims and the Jews) shall be mutual support against those who fight the subjects/people of this constitution. And the Jews will spend along with the Muslims as long as they are being fought." So notice: Yes, financial obligations for domestic affairs are not the same (the Muslims must take care of their poor, the Jews will take care of their poor; the Muslims sort out their feuds, the Jews theirs), but when it comes to dealing with external enemies (if someone attacks Madinah), financial obligations are the same — the Muslims must spend on defense, and the Jews must equally spend on defense. Both will spend for the sake of the protection of Madinah. Therefore, in times of crisis, the two shall unite and help one another — both the Jews and the Muslims are responsible for the costs.
— The Prophet PBUH said, no Jews can leave Madinah without his permission PBUH. And note that in 7th century Arabia, "leaving [your place of residence]" essentially meant changing your citizenship. It was a very different time. Where you live was where your tribe was where your loyalty was where your 'passport' — it was all the same. So for them to leave Madinah basically meant renouncing their citizenship and joining another camp — and you cannot just leave without permission and become a traitor/neutral. To this day, if you want to give up your US citizenship, you must renounce it. Similarly in the case of Madinah.
— Another clause is that if any Jew wishes to convert to Islam, he shall be helped and protected, and no injustice shall be done to him (i.e., nobody can harm him).
Note the fact that there were clauses for the pagans shows that there were still pagans in Madinah at this early stage. Their presence in Madinah lasted up until the Battle of Badr [2 AH] — when the Prophet PBUH returned from the battle victorious, that's when every pagan realized that, "We are such a small minority, we can't stay pagan now," and they converted. (And consequently, that's also when the phenomenon of nifaq [نفاق - hypocrisy] began.)
— The main clause is that the Prophet PBUH said, "No mushrik shall offer protection to the Quraysh even if it is in return for life or money, nor shall he in any way come between the Quraysh and the Believers (i.e., to defend)" — i.e., the Prophet PBUH is saying you cannot support the pagans in Makkah or defend them, or come between us and them. In short, to stay out of affairs between Makkah and Madinah. And this, by the way, shows us the Prophet PBUH allowed the pagans to be in Madinah. (Tangent: Later on, the madhahib [مذاهب - madhhabs] differed: Can pagans live in the state of Islam? [See also: episode 15.] Some schools of thought say no, but Hanafi school says yes. Of the evidences of the Hanafi thought is that the Prophet PBUH allowed the pagans to live in Madinah.)
— The Prophet PBUH said the interior of Yathrib is a Haram for the subjects of this constitution. Thus it's a sacred land and all the rules of a Haram must be followed (e.g., no weapons that are unsheathed; no plucking leaves or trees; no hunting; no fighting or killing; etc.)
— And the Prophet PBUH also demarcated exactly what is Madinah: He mentioned the four points and said, "This is the Haram." At east and west are two labba (volcanic foundations); at south and north are the mountains of Ayr and Thawr. (And the bulk of people lived inside the Haram.)
— He also said, "Whatever disagreement occurs between the peoples of this constitution which leads to internal fasad (فساد - discord) shall be decided by Allah and His Messenger." (E.g., disagreement between Muslims & Jews, Jews & pagans, pagans & Muslims.)
— He also said, "It will not be allowed for any Believer who agrees to this constitution —and believes in Allah and the Last Day— to help or support any rebel (anybody who opposes this constitution). Whoever does so will have the curse of Allah, the angels, and all of mankind; and no good deed will be accepted from him."
1. Clauses Related to the Muslims
— Of the clauses, the Prophet PBUH said in the Constitution, "The Muslims from the Quraysh and Yathrib..." [Pause here.] Notice the name "Yathrib" is used, which again shows its authenticity, because right when the Prophet PBUH came, Madinah was still called Yathrib. The fact that it's called Yathrib shows he is talking to people who are not used to the name Madinah yet. Also, notice the term "Muhajirun" and "Ansar" is not used yet. [Resuming.] He said, "The Muslims from the Quraysh and Yathrib, and those who join them, are one ummah. And this ummah is in and unto itself (i.e., the ummah is unique to itself to the exclusion of the rest of mankind — this is a unique ummah; you have bonds that nobody else can share)."
— He then mentions 40 subtribes all by name, and says, "Every subtribe will be left with their own responsibilities they had before Islam. They shall take care of their own blood-money disputes, their own prisoners of war, and their own poor." So in this early stage, the welfare system was local — if someone needed help, they would keep it to a tribal level.
— Another clause: All of the Muslims shall unite against those who do injustice, even if it be one of their own. So this means if somebody does zulm (oppression), even if he is a Muslim, everyone will unite against him. (And this actually goes back to the Hilf al-Fudul — "Everybody will be united against the zalim even if they are one of our own" [see episode 8].)
— The final clause was, "The dhimmah (ذمة - protection) granted by the Muslims is the same, and even the lowliest of them can give protection." What is the concept of dhimmah? In that Islamic state, how did somebody get a 'visa' to enter Dar al-Islam (Madinah)? The Prophet PBUH is saying every Muslim has the right to give anybody whom they know this 'visa' (i.e., protection), even if the person giving this 'visa' is the lowliest of society (even if they are a slave or a child at the age of tamyiz [تمييز]) — he has the permissibility to allow anybody to enter Madinah. So this is the 'visa.' And if somebody comes in with this 'visa,' nobody can harm him.
2. Clauses Related to the Jews
Again, the Prophet PBUH mentioned all of the Jewish tribes by name specifically (and there were around 12 different tribes), and then:
— He PBUH said, "All of these Jews are one ummah, along with the Believers." Meaning they have a type of status that in some ways is equivalent to the Muslim ummah. And the Prophet PBUH said they shall take care of their own disputes, affairs, blood money, internal crime, etc. — meaning they are all in charge of it, unless they wish to come to the Muslims for help OR if it involves an event between both the Jews and the Muslims. If there is zulm, murder, etc., between the two ummahs, then it will go to the higher authority. Otherwise, the affairs of the Jews are the business of the Jews.
— The Prophet PBUH further said, "Between the two (i.e., the Muslims and the Jews) shall be mutual support against those who fight the subjects/people of this constitution. And the Jews will spend along with the Muslims as long as they are being fought." So notice: Yes, financial obligations for domestic affairs are not the same (the Muslims must take care of their poor, the Jews will take care of their poor; the Muslims sort out their feuds, the Jews theirs), but when it comes to dealing with external enemies (if someone attacks Madinah), financial obligations are the same — the Muslims must spend on defense, and the Jews must equally spend on defense. Both will spend for the sake of the protection of Madinah. Therefore, in times of crisis, the two shall unite and help one another — both the Jews and the Muslims are responsible for the costs.
— The Prophet PBUH said, no Jews can leave Madinah without his permission PBUH. And note that in 7th century Arabia, "leaving [your place of residence]" essentially meant changing your citizenship. It was a very different time. Where you live was where your tribe was where your loyalty was where your 'passport' — it was all the same. So for them to leave Madinah basically meant renouncing their citizenship and joining another camp — and you cannot just leave without permission and become a traitor/neutral. To this day, if you want to give up your US citizenship, you must renounce it. Similarly in the case of Madinah.
— Another clause is that if any Jew wishes to convert to Islam, he shall be helped and protected, and no injustice shall be done to him (i.e., nobody can harm him).
3. Clauses Related to the Pagans
Note the fact that there were clauses for the pagans shows that there were still pagans in Madinah at this early stage. Their presence in Madinah lasted up until the Battle of Badr [2 AH] — when the Prophet PBUH returned from the battle victorious, that's when every pagan realized that, "We are such a small minority, we can't stay pagan now," and they converted. (And consequently, that's also when the phenomenon of nifaq [نفاق - hypocrisy] began.)
— The main clause is that the Prophet PBUH said, "No mushrik shall offer protection to the Quraysh even if it is in return for life or money, nor shall he in any way come between the Quraysh and the Believers (i.e., to defend)" — i.e., the Prophet PBUH is saying you cannot support the pagans in Makkah or defend them, or come between us and them. In short, to stay out of affairs between Makkah and Madinah. And this, by the way, shows us the Prophet PBUH allowed the pagans to be in Madinah. (Tangent: Later on, the madhahib [مذاهب - madhhabs] differed: Can pagans live in the state of Islam? [See also: episode 15.] Some schools of thought say no, but Hanafi school says yes. Of the evidences of the Hanafi thought is that the Prophet PBUH allowed the pagans to live in Madinah.)
4. Clauses Related to Everyone
— The Prophet PBUH said the interior of Yathrib is a Haram for the subjects of this constitution. Thus it's a sacred land and all the rules of a Haram must be followed (e.g., no weapons that are unsheathed; no plucking leaves or trees; no hunting; no fighting or killing; etc.)
— And the Prophet PBUH also demarcated exactly what is Madinah: He mentioned the four points and said, "This is the Haram." At east and west are two labba (volcanic foundations); at south and north are the mountains of Ayr and Thawr. (And the bulk of people lived inside the Haram.)
— He also said, "Whatever disagreement occurs between the peoples of this constitution which leads to internal fasad (فساد - discord) shall be decided by Allah and His Messenger." (E.g., disagreement between Muslims & Jews, Jews & pagans, pagans & Muslims.)
— He also said, "It will not be allowed for any Believer who agrees to this constitution —and believes in Allah and the Last Day— to help or support any rebel (anybody who opposes this constitution). Whoever does so will have the curse of Allah, the angels, and all of mankind; and no good deed will be accepted from him."
— The final point he mentions is, "Whoever leaves Madinah shall be safe, whoever stays in Madinah shall be safe, except for anyone who does an injustice or sin. And Allah will protect those who are pious and righteous..."—and the Constitution ends with—: "...and Muhammad is His Messenger." So you may come and go as you please as long as you haven't done a crime.
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Misinterpretations of the Constitution
One extreme: One academic Muslim leader in the 1980s said Thomas Jefferson read this constitution and based the whole American constitution on it. But to Sh. YQ, this type of mentality is a sign of an inferiority complex; that everything that is good somehow has to be linked to Islam and say "we invented it." There is no doubt this constitution was ahead of its time, and the Western civilization took some aspects from it — but to claim the whole constitution is based on that of Madinah's is far-fetched — because they are so different.
Another extreme is the non-Muslims who try to read in evil intentions into the Prophet PBUH and say he wanted to isolate the Jews by making them a separate ummah. These non-Muslims accuse the Prophet PBUH of treating the Jews unfairly. And for them, this is not an 'accusation' anymore; for them, it's a 'fact.' And they say this constitution is antisemitic. But obviously, this is not the case, because the same obligations on the Jews are on the Muslims.
Another extreme is the non-Muslims who try to read in evil intentions into the Prophet PBUH and say he wanted to isolate the Jews by making them a separate ummah. These non-Muslims accuse the Prophet PBUH of treating the Jews unfairly. And for them, this is not an 'accusation' anymore; for them, it's a 'fact.' And they say this constitution is antisemitic. But obviously, this is not the case, because the same obligations on the Jews are on the Muslims.
As usual, the truth is in between the two extremes. This constitution was very significant, it had a lot of long-range implications, and it established an overall philosophy of how an Islamic state is run.
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Points of Benefit From the Constitution
1. Of the most important concepts that this constitution puts into writing is that the Prophet PBUH is defining relationships based upon theology. This is completely unique in the history of Arabia. Because he said the Ansar, Muhajirun, etc., are all one ummah. And anyone who converts to the faith will become a part of the ummah. So the old system of lineage, of tribalism, of "you are who your father was" is being broken. Now you are who *you* are. At that time, this was completely unprecedented. Bilal RA was a slave and Abu Bakr RA was a nobleman from a pure lineage — however, this constitution in writing now means they are one and the same, in one ummah. Note the word "ummah" occurs in the Quran [23:52]. The word "ummah (أمة)" comes from "umm (أم)" which means "mother." And the word "umm" comes from "amma (أم)" which means "to strive for." "Amma" is basically the object of attention; and when a child is born, that object is their mother, so a mother is called "umm." And the reason an ummah is called "ummah" is because the bonds between every person in that ummah are so strong that it's as if they have one mother. Of course, there are many other meanings of ummah — Ibrahim AS is called an ummah because the quality of his Iman is so strong it's as if he is a whole ummah by himself; the word has over 15 derived meanings. The point is the word ummah comes from "umm" because the people are bonded so strongly it's as if they are one family.
2. This constitution demonstrates the justice of the Prophet PBUH. Contrary to what the non-Muslims in our time say, he treated the Jews with the utmost respect and gave them their full rights. And, as we will see throughout the upcoming episodes, the Jews were the ones who refused to take these privileges and kept on making things difficult for themselves. As we will see, they were treated the way they were treated because of their actions, not because of who they were. — And this is not antisemitism. Notice the constitution says, "اليهود أمة مع المؤمنين (The Jews are an ummah along with the Believers)," i.e., 'You are an ummah and we are an ummah — along with each other we are two ummahs.' The word used in Ibn Ishaq is literally "ma'a (مع)" which means "along with" — it's an amazing respect given to the Jews. If they had fulfilled and lived up to the Constitution, they would have been shown the utmost honor, and they would have benefited the most. They were tradesmen, jewelers, craftsmen, businessmen, etc., and the success of the Muslims would have meant their success as well — because they were a part of the community. They would have risen along with the Muslims. But they broke these promises. The clause was very clear: Do not side with the pagans against us. But the Banu Qurayza did [see episode 59]. So what came to them was fully deserved. Similarly the Banu Nadir [see episode 53] and the Banu Qaynuqa [see episode 43].
3. Another benefit of this constitution is that we are seeing that the Prophet's PBUH political status has now become a de facto leader. His followers are so numerous he can establish a constitution on their behalf. Even the Jews and the pagans — they are told that they do have independence, but if something happens that deals with each other, they must come to the Prophet PBUH. Therefore, this constitution made official what was already understood: The Prophet PBUH is the de facto and the accepted ruler of Madinah.
4. Notice there is no mention of jizya (جزية) in the Constitution. Why? Because Allah AWJ had not revealed the laws of jizya yet.
5. Another benefit is: The reality of Islam —without any political correctness or appeasement— is that freedom of religion is guaranteed by the shariah — not to an unlimited extent, but to a great extent. No doubt, classical Islamic fiqh did not give the types of freedom the modern secular world gives: a non-Muslim does not have the right to preach and convert others; but apart from that, pretty much everything is allowed. The non-Muslims are even allowed to sell alcohol amongst themselves. (So much so the books of fiqh discuss the issue if a Muslim is married to a Christian lady, can he prevent her from drinking wine? And the majority of scholars say no. He can enforce the wine not be in the house, but he cannot prevent her from drinking, because wine is 'halal' for her, and the Catholics drink it in their churches as a part of their rituals.) This is the type of freedom that Islam allowed.
The irony is, in our times, we Muslims are accused of being intolerant — but yet, if we compare our track record with the accuser's, it's unbelievable how they can have the audacity to say that we are religiously intolerant. We cannot allow people to say things about Islam when they don't even know their own faith. They have no right to tell us that our faith was intolerant, when, Western powers were frankly the most religiously intolerant in the history of humanity. Even when Constantine converted to Christianity, what did he do? He adopted a version of Trinitarian Christianity and outlawed all other Christianities — e.g., those who believed that Jesus is al-Masih (المسيح - the Messiah) and not the son of God, and those who believed that Christianity is not a new religion (i.e., that Christianity is just "Judaism + believing in al-Masih"). Constantine came along and banned everyone who didn't follow his version of Christianity. Everyone had to either flee or get killed.
Arius, the main opponent of Constantine, did not believe in the Trinity or Divinity of Jesus. He had to run away and go down south. (Side note: It's said he went down to what is in the time of the Prophet PBUH Abyssinia; and it's said therefore the ruler of Abyssinia was aware of the Arian creeds.) And this is just the beginning. And throughout medieval times, the Catholic church killed millions. And we are not talking about killing Jews or others, we are talking about killing fellow Christians! The Roman Catholic church could not tolerate dissent! And there was a group called the Huguenots — again, tens of thousands were killed. The Anabaptists as well: 20,000-30,000 were killed. And there were wars between Catholics and Protestants. Even Martin Luther had to flee to Switzerland because Roman Catholics wanted to kill him. This is not even intolerance of another religion; this is intolerance within their *own* religion! It's ironic that even John Locke (the main founding father of intellectual political science of this country — considered to be the greatest philosopher of the time) said to look at the Turks. He is putting the Ottomans (Turks) as the role models. John Locke said to the Christians: The Turks allow different faiths to live peacefully — why don't you follow them?
6. Getting back to the Constitution: We notice the semi-independence of every single group of people. The Prophet PBUH is giving them almost full independence *within* the state of Islam: each group is responsible for their own affairs — the positives and the negatives, including crimes and issues. However, when it comes to the issues of the state, everyone becomes *one* group. E.g., if an external threat comes, they will be united. (Side note: Some people in our time say the system of the Prophet PBUH is a federalist system. And even though trying to read modern terms back into history is a little bit problematic, there is an element of truth to this.)
The irony is, in our times, we Muslims are accused of being intolerant — but yet, if we compare our track record with the accuser's, it's unbelievable how they can have the audacity to say that we are religiously intolerant. We cannot allow people to say things about Islam when they don't even know their own faith. They have no right to tell us that our faith was intolerant, when, Western powers were frankly the most religiously intolerant in the history of humanity. Even when Constantine converted to Christianity, what did he do? He adopted a version of Trinitarian Christianity and outlawed all other Christianities — e.g., those who believed that Jesus is al-Masih (المسيح - the Messiah) and not the son of God, and those who believed that Christianity is not a new religion (i.e., that Christianity is just "Judaism + believing in al-Masih"). Constantine came along and banned everyone who didn't follow his version of Christianity. Everyone had to either flee or get killed.
Arius, the main opponent of Constantine, did not believe in the Trinity or Divinity of Jesus. He had to run away and go down south. (Side note: It's said he went down to what is in the time of the Prophet PBUH Abyssinia; and it's said therefore the ruler of Abyssinia was aware of the Arian creeds.) And this is just the beginning. And throughout medieval times, the Catholic church killed millions. And we are not talking about killing Jews or others, we are talking about killing fellow Christians! The Roman Catholic church could not tolerate dissent! And there was a group called the Huguenots — again, tens of thousands were killed. The Anabaptists as well: 20,000-30,000 were killed. And there were wars between Catholics and Protestants. Even Martin Luther had to flee to Switzerland because Roman Catholics wanted to kill him. This is not even intolerance of another religion; this is intolerance within their *own* religion! It's ironic that even John Locke (the main founding father of intellectual political science of this country — considered to be the greatest philosopher of the time) said to look at the Turks. He is putting the Ottomans (Turks) as the role models. John Locke said to the Christians: The Turks allow different faiths to live peacefully — why don't you follow them?
6. Getting back to the Constitution: We notice the semi-independence of every single group of people. The Prophet PBUH is giving them almost full independence *within* the state of Islam: each group is responsible for their own affairs — the positives and the negatives, including crimes and issues. However, when it comes to the issues of the state, everyone becomes *one* group. E.g., if an external threat comes, they will be united. (Side note: Some people in our time say the system of the Prophet PBUH is a federalist system. And even though trying to read modern terms back into history is a little bit problematic, there is an element of truth to this.)
7. Another benefit: It doesn't matter if you are a Muslim or a non-Muslim, if you commit a crime, you will be dealt with and not be protected. The Constitution says, "All of the Muslims shall unite against those who do injustice, even if it be one of their own." So simply being a Muslim does not let you off the hook. If someone commits a crime, everyone has to unite against him regardless of his religion. No one can shelter a murderer, a thief, a fraudster, or a criminal. Again, these are novel ideas for the time.
8. The Prophet PBUH accepted the legal norms and urf (عرف - custom) of every tribe, as long as they did not conflict with the shariah. He allowed the tribes to deal with their own internal laws as long as they did not conflict with the laws of the shariah. (Side note: And we should be aware that there are five Qawa'id Fiqhiyyah [قواعد فقهية - Major Fiqhi Rules that govern all of fiqh] — and one of them is: In the absence of a shar'i ruling, the culture of a people [how people typically interact with one another] will be given precedence.)
8. The Prophet PBUH accepted the legal norms and urf (عرف - custom) of every tribe, as long as they did not conflict with the shariah. He allowed the tribes to deal with their own internal laws as long as they did not conflict with the laws of the shariah. (Side note: And we should be aware that there are five Qawa'id Fiqhiyyah [قواعد فقهية - Major Fiqhi Rules that govern all of fiqh] — and one of them is: In the absence of a shar'i ruling, the culture of a people [how people typically interact with one another] will be given precedence.)
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What Has Occurred in Madinah Since the Arrival of the Prophet PBUH
Let us now take a look back and see what exactly has occurred since the arrival of the Prophet PBUH in Madinah:
i) The first thing the Prophet PBUH does is build a masjid — and the masjid is of course the basis of tawhid and the fundamental of religion.
ii) He then establishes the bonds between the Muhajirun and the Ansar through the muakha (pairing).
iii) He then makes this entire constitution —where he ratifies/affirms the status of the Muslims, the Jews, and every single group— and forms the first Islamic state/the first federation.
[Transcribed by Br. Safwan Khan & Faizan]
safwan-khan@hotmail.com
[Re-revised by Br. Syed Haq & MAR, November 2023]
safwan-khan@hotmail.com
[Re-revised by Br. Syed Haq & MAR, November 2023]
