SAHIFAH AL-MADINAH CHARTER OF MADINAH Introduction How the Sahifah came into existence? Is the Sahifah a Constitution?

Madinah as the Model Polity Full Text of the Sahifah al-Madinah Brief Observations on Constitutional Principles in the Sahifah al-Madinah. Conclusion

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Introduction:

The allegiance and support offered by the Madinahs Ansaar

(helpers), gave the Muslims a safe place of refuge. The Prophet (peace be upon him) commanded the Muslims in Makkah to emigrate

from Makkah and join their brothers-in-faith, the Ansaar, in Madinah.

It was difficult to emigrate to Madinah as the Quraysh took immediate

stringent measures against them. The pagan Quraysh did everything they could to stop the exodus such as creating obstacles along the way of the emigrants to prevent their departure.

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Introduction:

The Prophet (P.B.U.H) came to Abu Bakr and told him that God had

given him permission to emigrate from Makkah. Abu Bakr exclaimed, Together, O Prophet (P.B.U.H) of God?; for he was anxious to keep him company. Abu Bakr presented two camels he had been keeping for the purpose. Abdullah Ibn Urayqit was hired by Abu Bakr to act as a guide.

The emigration of the Prophet (P.B.U.H illustrates how everything howsoever

desirable by one, can be sacrificed for the sake of ones faith or ideals.

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How the Sahifah al-Madinah came into existence?

The coming into existence of the Sahifah al-Madinah cannot be addressed without making reference to the emergence of Madinah State. The advance of Islam brought about a drastic political change in the life of Arabia. The Islamic doctrine on unity provided the ideological tools for the development of

Arabias concept of man and society.

By the end of the Makkan period and at the early stage of the Madinah period, the term Ummah assumes yet another meaning. The Ummah becomes a nation. The

Quran refers to this development when it describes the Islamic Community as the
best community given to mankind, an integrated and balanced community: You are the best of peoples evolved for mankind. Enjoining what is right, forbidding what is wrong, and believing in God (Surah al-Muminun:23: 52)

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How the Sahifah al-Madinah came into existence?

Upon their arrival (the Muslim Community) in Madinah, the Makkan Muslims united themselves
under a formal written constitutional arrangement with the Muslim community of Madinah and its surrounding communities.

A state was established. This is how the Sahifah al-Madinah came into existence after the migration of Muslims from Makkah to Madinah.

The Sahifah is considered as an important document in the history of Islam. The document created a one united community in Madinah irrespective of their differences i.e. the Ansars

(helpers), the Mahajirin (migrants); the Jews, etc.

Note: Important to know the other names used to refer to the Sahifah al-Madinah i.e. Dustur alMadinah or Dastur al-Madinah, al-Mitsaq al-Madinah or al-Mithaq al-Madinah.

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Is the Sahifah a Constitution?

There are differences of opinions regarding the issue of whether the Sahifah is a constitution or not?

(a) Sahifah (Madinah Charter) is a Constitution

written and promulgated by Prophet Muhammad for the multi-religious ten thousand-strong citizens of the city-state of Madinah in 622 A.D is truly a remarkable politicalconstitutional document. The Sahifah/Madinah Charter is important in the sense that it is the first written constitution; it is also modern in the sense that it was promulgated for a plural society, giving equal rights to every citizen as well as giving them a say in governmental matters.

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(a) The Sahifah is a Constitution

According Prof Hamidullah, although it is stated that the Sahifah/the Charter

consists of 47 clauses, but due to different numbering, he counts it to be 52. Clauses 1, 2 and 39 state the formation of a sovereign nation-state with a common citizenship, consisting of various communities, principally Muslim

Arabs from Mecca (the Muhajirun or Immigrants), Muslim Arabs from Yathrib (the
Ansars or Helpers), other monotheists form Yathrib (i.e. the Jews) and others who must be at that time still pagans. These constitute a unified citizenry or Ummah), having equal rights and responsibilities, as distinct from other peoples. It should

not escape anyone's notice that these two clauses established the first modern
nation-state in the world. Although Madinah was just a city, its Charter was to last until the beginning of the Umayyad Dynasty in 1661.

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(a)

The Sahifah is a Constitution:

The Sahifah/Charter provided a federal structure with a centralized authority, with the various tribes in various districts constituting a unit and enjoying autonomy in certain matters of a social, cultural and religious character. Provision for this district autonomy is repeated for each district. (Clauses 3 through to 11 and 26 through to 35); many matters were left in the hands of the autonomous units, except state security and national defense Clauses 17, 36 (a) and 47). Provisions for these centralized subjects are made in Clauses 13, 15, 17 and 44. Only in cases of disputes the units could not resolve, recourse for their decisions had to be made to the Prophet, whose decision was final. (Clauses 23 and 41) It is noteworthy that the Sahifah/Charter ordained equality to its members and protected them against oppression. (Clause 16). The State proclaimed the brotherhood of believers and gave each one a right and support to give protection to any individual, excepting an enemy. (Clause 15). It also extended help to its members in debt or in financial difficulties in regard to payment of ransom or blood-money. (Clause 12). It prohibited help or refuge to be given to a murderer. (Clause 22).

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(a)

The Sahifah is a Constitution: A very important human right is given in Clause 25 where freedom was guaranteed for each community to practice its own religion. The implication of this clause is that each individual was also free to choose his or her religion, in line with the clear teachings of the Quran. Another important principle of statecraft is consultation with the people in all matters. This is stated in Clause 37(a). Unlike in modern democratic polity, the voice of the people, vox populi, regardless of whether that voice represents right and truth or not, is given the highest value. This is a basic flaw in Western democracy. Another important principle of just governance is that no quarter is given to an injustice or wrong-doing. In the Charter, this is stated in Clause 47.

Note: Based on the examples given above, scholars such as Prof Hamidullah, Prof Watt, and many more were convinced that the Sahifah is an authentic document and thus equivalent to a Constitution.

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(b) The Sahifah is not a Constitution:
The so-called "constitution" of Madinah is a treaty between a handful of

tribes. That it is a treaty is proven by the fact that the document calls itself a treaty. 5 of the 11 articles in this treaty deal with a war against Quraysh that was occurring at the time, and states that the war effort shall be shared between all parties and that the enemy is the tribe of Quraysh. The only real stipulation in this treaty about how the state is to be run is this: "Should any disagreement arise between the signatories to this treaty, then Muhammad shall settle the dispute." A constitution is system detailing how an organization is to be governed. The only system in the Madinah charter is that Muhammad is sole arbitrator. Constitutionalists (such as Aristotle) put a great deal of thought into the system - they did not imagine a constitution to be a war treaty between tribes which identifies a current enemy and designates a specific man (referred to by name) as the sole arbitrator of all disagreements.

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(b) The Sahifah is not a Constitution:
The Madinah Charter does not identify any offices of state - the only

office it identifies is that of Muhammad's, and that office is referred to as Prophet of Allah" in the treaty (which is not an office at all, since Muhammad proclaimed himself to be the last prophet of Allah). In other words, the Madinah Charter does not set out a system of government with a description of the arrangement of offices of state, such as a senate or an elected head of state. This is due to the fact that the Islamic state rapidly expanded far beyond Madinah - why, then, is there only a "constitution of Medina" and not a similar constitution during the later part of prophet Muhammad's career? Because the "constitution" of Madinah is actually a treaty between tribes that was drafted to serve a very specific historical purpose in the earlier part of Prophet Muhammad's career.

The Madinah Charter is not a constitution but rather a covenant.

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Madinah as the Model Polity: Contemporary Muslim thinkers regarded the first state-the Madinah state as the ideal state for all forms of states. Prophet Muhammad (P.B.U.H) leadership is considered a perfect example of human conduct, reflecting the true spirit of leadership. It should be noted that Islam, as polity, is the working expression of the principle of Tauhid (Unity). Thus, Madinah as the model polity finds its source in Unity; its strength in the perception of the spiritual aspect of Unity as the fundamental life-directive. Hence the essence of Tauhid as a working idea is in equality, solidarity and freedom. (See the Madinah Constitution) Madinah as the model polity also advocated for the Islamic concept of civic duty. In Islam, the concept of civic duty is paramount. Thus, the best interest the Millat (Nation), or whole community, necessarily override all lesser group or individual interests. Every individual member participates to the limit of his/her capability and capacity in the socio-political life of the Millat (Nation). This participation is more than a right; it is a duty, fulfilled in a spirit of devotion and selfdiscipline, where self-interest has no possibility of play.

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Madinah as the Model Polity:

Madinah as the model polity expounds the principle of

co-operation as the fundamental basis of human social endeavour. (See how the Madinah Constitution/Charter tried to bring the different tribes & religions together) The government and the governed are not two separate entities opposed to each others interests, where the government seek only to exploit the governed in favour of their own personal selfishness, and the governed must ever seek protection from their rulers. The implication is that the government and the governed are one; the former are actually a part, a necessary, indispensable part of the latter. The consent of the governed lies solely in the responsibility of the government to the governed to abide by, uphold and enforce the law.

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Madinah as the Model Polity: Madinah as the model polity advocated for equality, justice and fairness in dealing with others. It also advocated for answerability and accountability as well. For example, be it the Ansars (supporters), Muhajirun (migrants), Jews, etc all were expected to be answerable and accountable to the newly formed Islamic State. Madinah as the model polity could also be seen from the text of the Charter. This is by way of making reference to Clauses 1, 2 and 39 which states the formation of a sovereign nation-state with a common citizenship, consisting of various communities, principally Muslim Arabs from Mecca (the Muhajirun or Immigrants), Muslim Arabs from Yathrib (the Ansar or Helpers/Supporters), other monotheists form Yathrib (i.e. the Jews) and others who must be at that time still pagans. These constitute a unified citizenry (Arabic term, ummah), having equal rights and responsibilities, as distinct from other peoples.

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Full Text of the Sahifah Al-Madinah/Madinah Charter: In the name of God the Compassionate, the Merciful. (1) This is a document from Muhammad the prophet (governing the relations) between the believers and Muslims of Quraysh and Yathrib, and those who followed them and joined them and labored with them. (2) They are one community (umma) to the exclusion of all men. (3) The Quraysh emigrants according to their present custom shall pay the bloodwit within their number and shall redeem their prisoners with the kindness and justice common among believers. (4-8) The Bani Auf according to their present custom shall pay the bloodwit they paid in heatheism; every section shall redeem its prisoners with the kindness and justice common among believers. The Bani Sa ida, the Bani l-Harith, and the Bani Jusham, and the Bani al-Najjar likewise. (9-11) The Bani Amr b. Auf, the Bani al-Nabit and the Bani al-Aus likewise. (12)(a) Believers shall not leave anyone destitute among them by not paying his redemption money or bloodwit in kindness. (12)(b) A believer shall not take as an ally the freedman of another Muslim against him.

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(13) The God-fearing believers shall be against the rebellious or him

who seeks to spread injustice, or sin or animosity, or corruption between believers; the hand of every man shall be against him even if he be a son of one of them. (14) A believer shall not slay a believer for the sake of an unbeliever, nor shall he aid an unbeliever against a believer. (15) Gods protection is one, the least of them may give protection to a stranger on their behalf. Believers are friends one to the other to the exclusion of outsiders. (16) To the Jew who follows us belong help and equality. He shall not be wronged nor shall his enemies be aided. (17) The peace of the believers is indivisible. No separate peace shall be made when believers are fighting in the way of God. Conditions must be fair and equitable to all. (18) In every foray a rider must take another behind him. (19) The believers must avenge the blood of one another shed in the way of God.

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(20)(a) The God-fearing believers enjoy the best and most upright guidance. (20)(b) No polytheist shall take the property of person of Quraysh under his protection nor shall he intervene against a believer. (21) Whoever is convicted of killing a believer without good reason shall be subject to retaliation unless the next of kin is satisfied (with blood-money), and the believers shall be against him as one man, and they are bound to take action against him. (22) It shall not be lawful to a believer who holds by what is in this document and believes in God and the last day to help an evil-doer or to shelter him. The curse of God and His anger on the day of resurrection will be upon him if he does, and neither repentance nor ransom will be received from him. (23) Whenever you differ about a matter it must be referred to God and to Muhammad. (24) The Jews shall contribute to the cost of war so long as they are fighting alongside the believers. (25) The Jews of the Bani Auf are one community with the believers (the Jews have their religion and the Muslims have theirs), their freedmen and their persons except

those who behave unjustly and sinfully, for they hurt but themselves and their families.

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(26-35) The same applies to the Jews of the Bani al-Najjar, Bani al-Harith,

Bani Sai ida, Bani Jusham, Bani al-Aus, Bani Tha'laba, and the Jafna, a clan of the Thalaba and the Bani al-Shutayba. Loyalty is a protection against treachery. The freedmen of Tha laba are as themselves. The close friends of the Jews are as themselves. (36) None of them shall go out to war save the permission of Muhammad, but he shall not be prevented from taking revenge for a wound. He who slays a man without warning slays himself and his household, unless it be one who has wronged him, for God will accept that. (37) The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document. They must seek mutual advice and consultation, and loyalty is a protection against treachery. A man is not liable for his allys misdeeds. The wronged must be helped. (38) The Jews must pay with the believers so long as war lasts. (39) Yathrib shall be a sanctuary for the people of this document. (40) A stranger under protection shall be as his host doing no harm and committing no crime. (41) A woman shall only be given protection with the consent of her family.

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(42) If any dispute or controversy likely to cause trouble should arise it

must be referred to God and to Muhammad the apostle of God. God accepts what is nearest to piety and goodness in this document. (43) Quraysh and their helpers shall not be given protection. (44) The contracting parties are bound to help one another against any attack on Yathrib. (45)(a) If they are called to make peace and maintain it they must do so; and if they make a similar demand on the Muslims it must be carried out except in the case of a holy war. (45)(b) Every one shall have his portion from the side to which he belongs. (46) The Jews of al-Aus, their freedmen and themselves have the same standing with the people of this document in purely loyalty from the people of this document. Loyalty is a protection against treachery. He who acquires ought acquires it for himself. God approves of this document. (47) This deed will not protect the unjust and the sinner. The man who goes forth to fight and the man who stays at home in the city is safe unless he has been unjust and sinned. God is the protector of the good and God-fearing man and Muhammad is the apostle of God.

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Brief Observations on Constitutional Principles in the Sahifah Al-Madinah: Important to note that reference here could be made to the arguments stating that the Sahifah is a constitution. The following are the brief observations on constitutional principles in the Sahifah: a) Clauses 1, 2 and 39 state the formation of a sovereign nation-state with a common citizenship, consisting of various communities, principally Muslim Arabs from Mecca (the Muhajirun or Immigrants), Muslim Arabs from Yathrib (the Ansars or Helpers or Supporters), other monotheists form Yathrib (i.e. the Jews) and others who must be at that time still pagans. These constitute a unified citizenry (Arabic term, Ummah), having equal rights and responsibilities, as distinct from other peoples. It should not escape anyone's notice that these two clauses established the first modern nation-state in the world. Although Madinah was just a city, its Charter was to last until the beginning of the Umayyad Dynasty in 1661.

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The Sahifah/Charter ordained equality to its members and protected them against oppression. (Clause 16). The State proclaimed the brotherhood of believers and gave each one a right and support to give protection to any individual, excepting an enemy. (Clause 15). It also extended help to its members in debt or in financial difficulties in regard to payment of ransom or bloodmoney. (Clause 12). It prohibited help or refuge to be given to a murderer. (Clause 22). Important human right is given in Clause 25 where freedom was guaranteed for each community to practice its own religion. The implication of this clause is that each individual was also free to choose his or her religion, in line with the clear teachings of the Quran.

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Another important principle of statecraft is consultation with the people in all matters. This is stated in Clause 37(a). Unlike in modern democratic polity, the voice of the people, vox populi, regardless of whether that voice represents right and truth or not, is given the highest value. This is a basic flaw in Western democracy. Another important principle of just governance is that no quarter is given to an injustice or wrong-doing ( Clause 47).

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Conclusion: Regardless of the different views or opinions as to the status of the Sahifah al-Madinah, it is inevitable to state that in simple terms, the first Islamic state established in Madinah was based on a social contract, and thus the document was constitutional in character and the ruler ruled with the explicit written consent of all the citizens of the state.