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The Establishment of the Islamic State & The Transcription of the “World’s First Constitution”

When our Master (saw) arrived in Medina, the people of Medina were in a state of great turmoil. The members of the Aws tribe were living as a separate community and claiming to be the sole rulers of Medina. The Hazrajis, on the other hand, not only made the same claim but also sought to establish a state by placing Abdullah bin Ubeyy at its head and adorning him with the trappings of a ruler. Meanwhile, the Jews had formed a group and were hostile towards everyone.

In such a chaotic environment, Medina needed an outsider with complete authority who could take charge. The arrival of our Master in Medina had been eagerly awaited and well-received. Muslims from both tribes had gathered around him, and those who were not Muslims had no choice but to follow him due to their minority status.

Moreover, as if all of this wasn’t enough, the Meccan polytheists had terrified the entire population of Medina with the threat of massacre, regardless of whether they were polytheists, Jews, or Muslims. They were forcing the Medinans to surrender the Rasul of Allah, and warning that they would kill anyone who did not comply. Under these circumstances, the members of the Aws and Hazraj tribes in Medina, along with the Jews and other non-Muslims, gathered around the Rasul of Allah and became a political and religious entity.

Following this, the first written constitution, which protected the rights of the people of Medina and can be considered as the earliest constitution in today’s sense, was established. In summary, the first Islamic Constitution was as follows:

  1. This document is organized by Muhammad, the Rasul of Allah, for the believers and Muslims from the Quraysh and the people of Yathrib (Medina) who have joined them, become associated with them, or will fight alongside them.
  2. These individuals mentioned above constitute a separate community (ummah) distinct from other people.

3-11. The clauses numbered 3 through 11: The Muhajirun from the Quraysh, specifically the following clans: Banu Awf, Banu Haris, Banu Saide, Banu Ju’shem, Banu Najjar, Banu Arm ibn Awf, Banu Nabit, and Banu Aws, among themselves, are obligated to participate in paying blood money according to their customary practices. They will also join in ransoming war captives according to well-known and just principles of fairness among the believers.

12/a. The believers will not leave anyone burdened with heavy financial responsibilities in such a state. They will pay off their debts, whether it be a ransom for captives or blood money, in accordance with recognized and reasonable principles.

12/b. No believer shall make agreements against another believer or their protector…

13. The believers, whether it be against an aggressor among themselves, someone who seeks to create discord among them, or an individual plotting an unjust act or crime, even if it were one of their own, even if it were a child of one of them, will all collectively oppose such actions.

14. No believer may kill a fellow believer to assist a disbeliever or provide aid to a disbeliever.

15. The protection and guarantee of Allah is one and indivisible. The protection of even the lowliest among the believers carries the same weight as a verdict for all of them. This is because the believers, unlike other people, are protectors and allies to one another.

16. Those among the Jews who follow us, without committing wrongdoing or assisting those who oppose us, have the right to our assistance and protection without suffering injustice.

17. Peace is one and the same among the believers. No believer can enter into a peace agreement in a conflict for the sake of Allah while excluding other believers; such a peace agreement is to be made among them (the believers) on the basis of general principles and justice.

18. All military units participating with us in war will cooperate with each other.

19. The believers will seek revenge for the spilled blood of their fellow believers in the cause of Allah.

20/a. The believers who possess piety are on the best and most correct path.

20/b. No polytheist can claim the protection of the life and property of a Qurayshi individual, nor can they prevent a believer from being associated with the Qurayshi (i.e., they cannot interfere in the affairs of a believer regarding the Qurayshi).

21. If it is proven with conclusive evidence that someone has caused the death of a believer, and the guardian of the deceased (i.e., the one seeking justice) does not consent to forgiveness, then the laws of retribution (qisas) will apply. In this case, all the believers stand against the offender. However, action is only permissible against them for the application of this principle.

22. If a believer who accepts the content of this document and who believes in Allah and the Day of Judgment, assists a murderer or provides them with a refuge, on the Day of Judgment, they will incur Allah’s curse and wrath, and at that time, neither monetary compensation nor any other concession will be accepted from them.

23. Anything you disagree upon shall be referred to Allah and Muhammad.

24. Jews, like the believers, are obligated to cover their own war expenses as long as they engage in combat.

25/a. The Jews from the Banu Awf tribe form a community along with the believers. The religion of the Jews is for them, and the religion of the believers is for them. This includes both their protectors and themselves.

25/b. However, if anyone commits an unjust act or a crime, they only harm themselves and their family members.

26-27-28-29-30-31-32-33-34. The Jews from the Banu Najjar, Banu Haris, Banu Saibe, Banu Ju’shem, Banu Aws, Banu Salebe, Jafna, Banu Shuteybe, and Salabe tribes, who have protectors among the believers, will have the same rights as the Banu Awf Jews. However, if anyone among them commits an unjust act, they only harm themselves and their families. (i.e., Their tribe is not held responsible for their actions).

35. Those who have sought refuge among the Jews (the Bitanas) are considered equal to the Jews themselves.

36/a. None of the Jews can embark on a military expedition (alongside the Muslims) without the permission of Muhammad (saw).

36/b. Seeking revenge for an injury will not be prohibited. If someone kills a man, ultimately, they will place their own family members under responsibility; otherwise, it would be an injustice. (This means that someone who does not adhere to this principle will be in an unjust position.) Allah is with those who adhere to this document the most faithfully.

37/a. The expenses of the Jews are their own responsibility, and the expenses of the Muslims are their own responsibility in the event of war. Indeed, those who wage war against the individuals mentioned in this document will be jointly fought by them (those mentioned). Goodwill and good behavior will prevail among them. They will adhere to these rules, and there will be no actions contrary to them.

38. The Jews will bear expenses as long as they fight together with the Muslims.

39. For the individuals mentioned in this document, the Yasrib Valley (Cevf) is a sacred and inviolable place.

40. A protected person (Câr) is treated just like the protector, and they cannot be subjected to injustice or commit a crime themselves.

41. Except with the permission of the individuals who have the right to provide protection, no protection can be granted.

42. Among the individuals mentioned in this document, any cases of killing or disputes that arise must be referred to Allah and Muhammad, the Rasul of Allah (saw). Allah is with those who adhere to this document most strongly and faithfully.

43. Neither the Quraysh nor those who support them will be granted protection.

44. They (i.e., the Muslims and the Jews) will cooperate against those who attack Yathrib.

45/a. If they are invited to make a peace agreement or participate in it directly by the Muslims, they will do so or participate in it. If they (the Jews) offer the same terms to the Muslims, they will have the same rights as the believers, except in matters related to religion.

45/b. Each group is responsible for its own territory (both in defense and other needs).

46. The conditions established for the individuals mentioned in this document will be applied with strict and complete adherence by the Aws Jews, both to their protectors and to themselves, as well as by the individuals mentioned in this document. They will unquestionably adhere to these rules, and there will be no actions contrary to them. Those who unjustly seek gain will only harm themselves. Allah is with those who adhere to this document most faithfully and perfectly.

This document will not intervene between one who commits an unjust act or crime and the punishment. Whoever attends war will be secure, and whoever stays in Medina will also be secure. Cases of unjust acts and crimes are excluded. Allah and Muhammad, the Rasul of Allah (saw) will uphold their protection over those who preserve this document with complete loyalty and diligence.

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