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The Constitution of Medina (Arabic: , afat al-Madna), also known as the Charter of Medina, was drafted by the Islamic

c prophet Muhammad It constituted a formal a!reement between Muhammad and all of the si!nificant tribes and families of "athrib (later known as Medina), includin! Muslims, #ews, $hristians%&' and pa!ans %('%)' This constitution formed the basis of the future caliphates, and it*s spirit inspires all potential Islamic states The document was drawn up with the e+plicit concern of brin!in! to an end the bitter inter tribal fi!htin! between the clans of the Aws (Aus) and ,ha-ra. within Medina To this effect it instituted a number of ri!hts and responsibilities for the Muslim, #ewish, $hristian and pa!an communities of Medina brin!in! them within the fold of one community/the 0mmah %1' The precise datin! of the $onstitution of Medina remains debated but !enerally scholars a!ree it was written shortly after the 2i.ra (3(() %4' It effecti5ely established the first Islamic state The $onstitution established: the security of the community, reli!ious freedoms, the role of Medina as a haram or sacred place (barrin! all 5iolence and weapons), the security of women, stable tribal relations within Medina, a ta+ system for supportin! the community in time of conflict, parameters for e+o!enous political alliances, a system for !rantin! protection of indi5iduals, a .udicial system for resol5in! disputes, and also re!ulated the payin! of 6lood money (the payment between families or tribes for the slayin! of an indi5idual in lieu of le+ talionis)

Background
In the last years of Muhammad in Mecca, a dele!ation from Medina, consistin! of the representati5es of the twel5e important clans of Medina, in5ited Muhammad as a neutral outsider to Medina to ser5e as the chief arbitrator for the entire community %3'%7' There was fi!htin! in "athrib mainly in5ol5in! its pa!an and #ewish inhabitants for around a hundred years before 3(8 %3' The recurrin! slau!hters and disa!reements o5er the resultin! claims, especially after the battle of 6u*ath in which all the clans were in5ol5ed, made it ob5ious to them that the tribal conceptions of blood-feud and an eye for an eye were no lon!er workable unless there was one man with authority to ad.udicate in disputed cases %3' The dele!ation from Medina pled!ed themsel5es and their fellow-citi-ens to accept Muhammad into their community and physically protect him as one of themsel5es %9' After emi!ration to Medina, Muhammad drafted the Constitution of Medina, :establishin! a kind of alliance or federation: amon! the ei!ht Medinan tribes and Muslim emi!rants from Mecca, which specified the ri!hts and duties of all citi-ens and the relationship of the different communities in Medina (includin! that of the Muslim community to other communities specifically the #ews and other :;eoples of the 6ook:) %3'

Analysis
The $onstitution was not a treaty in the modern sense, but a unilateral proclamation by Muhammad, 6ernard <ewis states %&&' =ne of the constitution*s more interestin! aspects was the inclusion of the #ewish tribes in the 0mmah, the #ewish tribes were :one community with the belie5ers,: but they :ha5e their reli!ion and the Muslims ha5e theirs :%&('

<e!al >cholar < Ali ,han says the $onstitution of Medina was a social contract deri5ed from a treaty and not from any fictional state of nature or from behind the ?awlsian 5eil of i!norance The contract was built upon the concept of one community of di5erse tribes li5in! under the so5erei!nty of one @od %&)' Ar Muhammad Tahir-ul-Badri has written a book called the Constitutional Analysis of the Constitution of Madina which states an analysis and re5iew of the $onstitution 2e has cate!orised the headin!s of the articles accordin! to the modern le!al constitutions consistin! of 3) articles %&1' The Medina $onstitution also instituted peaceful methods of dispute resolution amon! di5erse !roups li5in! as one people but without assimilatin! into one reli!ion, lan!ua!e, or culture %&4' Celch in Encyclopedia of Islam states: :The constitution re5eals his Muhammad*s !reat diplomatic skills, for it allows the ideal that he cherished of an ummah (community) based clearly on a reli!ious outlook to sink temporarily into the back!round and is shaped essentially by practical considerations : %&3'

Significance of the Ummah


Another important feature of the $onstitution of Medina is the redefinition of ties between Muslims The $onstitution of Medina sets faith relationships abo5e blood-ties and emphasi-es indi5idual responsibility %&7' Tribal identities are still important, and are used to refer to different !roups, but the Dmain bindin! tieE for the newly-created ummah is reli!ion %&9' This contrasts with the norms of pre-Islamic Arabia, which was a thorou!hly tribal society, althou!h >ear.ant postulates the e+istence of earlier theocratic communities %&F' Accordin! to Aenny, DCatt has likened the 0mmah as it is described in the document to a tribe, but with the important difference that it was to be based on reli!ion and not on kinshipE %&9' This is an important e5ent in the de5elopment of the small !roup of Muslims in Medina to the lar!er Muslim community and empire %(8'

Rights of non-Muslims
The non-Muslims included in the ummah had the followin! ri!hts:%(&'
1. The security of @od is eGual for all !roups,%((' 2. Hon-Muslim members ha5e eGual political and cultural ri!hts as Muslims They will

ha5e autonomy and freedom of reli!ion %()'


3. Hon-Muslims will take up arms a!ainst the enemy of the 0mmah and share the cost

of war There is to be no treachery between the two %(1' 1 Hon-Muslims will not be obli!ed to take part in reli!ious wars of the Muslims %(4'

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