FOUNDATION OF THE ISLAMIC STATE AT MEDINA AND ITS
Transcription
FOUNDATION OF THE ISLAMIC STATE AT MEDINA AND ITS
Islamic Studies (Islamabad) 21:3 (1982) FOUNDATION OF THE ISLAMIC STATE AT MEDINA AND ITS CONSTITUTION Dr. Muhammad Nazeer Kaka Khel. After the advent of Islam at Mecca, Muhammad (peace be upon him) dedicated himself to the integration of his newly established wnma in its different aspects in the light of the message of Is'am. After some years he yearned for a more suitable and hospitable place where his umma could live in peace and give practical shape to the principles of the new way of life as preached by Islam. For this purpose some form of political organization was required which, in due course, found fuller expression in the shapz of the city-state of Medina. The Islamic state, as w: shall see presently, cam? into existence by the revelational experience of Muhammad (peace be upon him). As it had to eradicate all sorts of evils and promote all kinds of virtues and excellences, its basis could be Divine Guidance (Wahi) only. In the following pages we shall first discuss the circumstances leading to the foundation of this state and then we shall touch upon the constitution of this state promulgated by its founder. PART-I FOUNDATION OF THE ISLAMIC STATE Modern thinkers, including Thomas Hobbes, John Locke and J. J. Rousseau, hold that civil society sprang from a state of things which was not civil. If seen from this angle, the era just before the emergence of Islam and the Islamic state cannot © Dr Muhammad Hamidullah Library, IIU, Islamabad. http://iri.iiu.edu.pk/ 62 MUHAMMAD NAZEER KAKA KHEL be regarded as a " State of Nature " 2 because there was a civil society in Arabia with its own social and political system.3 The Arabs had well-established customs and traditions having the sanction of law. Their social intercourse was based on the principle of right and equity.4 However, from the view point of Islam, they were leading a life which was not moral. It is in this sense that the period just before the emergence of Islam is known as 'Ahd Jiihiliyah (the period of ignorance), because from moral point of view, man in this period was leading a life of violent, wild and impetuous character by following his animal instincts5 Jahiliyah in this context was the time in which Jahl, barbarism and cruelty were prevalent.6 A good state is the one whose citizens are good. In any system it Is important to examine man's place in society and state's relationship or commitments to the higher values of life and the concept of the Divine Being in the social order. Let us first examine man's place in the teachings of Islam, because he occupies the central position in the process of human thinking. THE QUR'ANIC CONCEPT OF HUMAN NATURE The Qur'an says that man is the noblest of all the creation.7 The entire universe is made for him and is subservient to his purposes. Among all the creation he alone is endowed with moral and rational powers and is charged with the grave and all important responsibility of subduing nature and pressing it in the service of good ends. Iqbal, while comparing the decline of both the Orient and Occident in his Javed Nama refers to this as below: ISLAMIC STATE AT MEDINA 63 To the Westerners Intellect is the equipment of life ; To the Easterners Love-Intuition is the hidden truth of the Universe. Intellect grows acquainted with truth through Love-Intuition, while Love-Intuition gets stabilized through Intellect. Arise and draw the pattern world with difference, a world where Intellect is wedded with Love-Intuition. To put it in other words, scientific reason without positive moral creativity is a misguided devilish exercise while 'Ishq (love) without 'Aql (intelligence) is not only sterile but even pure selfdeception. The same is expressed by Dr. Fazlur Rahman in the following words : ". . . partly man's essential task is to reconstruct a scientific picture of the objective reality and partly to proceed to interfere in it and create a moral order on the basis of this scientific knowledge. This second activity cannot exist without but must supervene on the first, i.e. the scientific pursuit without harnessing it for the creation of a good order."9 Man, according to the teachings of Islam, is charged with this double responsibility and to this the Qur'an refers when it says : "We offered this trust to the skies, the earth and the mountains but they refused to undertake it and were afraid of it but man accepted it, doubtless man is fearless and unaware." 1 0 Now if this balance is not maintained bztween these two extremes, men cannot be the best creature referred to in the Qur'an, rather they become selfish and enemies to one another.11 64 MUHAMMAD NAZEER KAKA KHEL It was mainly for the maintenance of this balance between these two extremes that Allah sent His Messenger to guide mankind and order human life in accordance with the Divine Commandments and Injunctions. For the realization of this objective, Muhammad (peace be upon him) first integrated his umma on moral, sacial and economic planes and then politically organized it. Let us then see the steps taken by the Prophet in this direction. THE CIVIL SOCIETY (MUSLIM COMMU'NITY) Man being social by nature, requires organised life. In the words of the Muslim thinker and sociologist Ibn Qaldan. "Social organization is necessary to human species. Without it the existence of human beings would be incomplete. and God's desire to settle the world with human beings and to leave them as His representatives on earth would not materialize. 1 2 The Muslim Umma had come into being soon after the emergence of Islam at Mecca but its members were not allowed by the pagans and vested interests to lead a peaceful and honourable life at Mecca and eslewhere. Muhammad (peace by upon him) was in search of a place where he and his followers could 'live with peace and devise ways and means for the spread of Islam. His visits to AI-Tciif, .Amir bin Sacsacahand his approaches to the tribes outside Mecca including the tribes in Yathrib reveal the fact that Muhammad (peace be upon him) was in search of a place where he could practically implement the Ideology of his Message, because Vision (Ideology) can only be realized in space and time. ISLAMIC STATE AT MEDINA 65 It is to be noted that when Muhammad (peace be upon him) began to preach his mission, submission to it meant to listen and obey Allah and His Rasiil.13 Islam was offered by Muhammad (peace be upon him) to each individual and his tribe and the latter surrendered hislits will to the will of Allah, who in return, promised continuous guidance to mankind through His Messenger. The individual covenant became a base for the establishment of ihe civil society at Mecca which was quite distinct and apart from the already existig society based on blood, locality or linguistic affiliations. Once the moral and psychological foundations of the new community of Islam were laid down on the basis of such covenants, the next logical step in the developent of of the umma was the establishment of organised authority. To quote Ibn Khaldun ". . . .A state is inconceivable without a society, while society without state is wellnigh impossible, owing to the aggressive propensities of man which require restraint." 1 4 It is true that Muhammad (peace be upon him) regarded the setting up of a government as a much less important event than the original compact leading to the establishment of umma but, using Rousseau's language, it had to be regarded as a necessary means for the development of the moral potentialities of man's origina nature. Muhammad (peace be upon him) had tried all the means to persuade the Meccans but they had thrown hurdles in his way. Their opposition to the New Message had not merely been based on economic grounds, as some Orientalistsl 5 suggest, but on religious, social, and political grounds as well.16 Hence, a like strategy would bring them home. Therefore, for the sake of reconstructing the society on a moral basis, defending the newly revealed religion and 66 MUHAMMAD NAZEER KAKAKHEL protecting the nascent trnzma from chaos and confusion, the political actions of the Prophet revolved around two poles : internal consolidation of the urnma17 and contrivance of the ways and means for the spread of Islam. The latter end could be achieved by shifting the centre of gravity elsewhere, so that government and state could be established for the defence of religion and day-to-day business. Muhammad (peace be upon him) seems to have selected the abodes of three influential and powerful tribes of the Arabs, namely, Bana Taqif, Bana 'Arnir bin Sa'sa'ah and Aus and Khazraj of Yathrib. The former two declined to accept his message1 8 and give him protection for reasons mainly political but the Yathribits showed keen interest in his message. BAY'A AL-'AQABAH (THE SOCIO-RELIGIOUS COMPACT) The two principal tribes of Yathrib, Aus and Khazraj, before their conversion to Islam, were leading a war-like disorganized life among the Jews at Yathribl 9 who occasionally threatened them that a Messiah would soon appear with whose help they would destroy them.20 In this way they came to know that a Prophet would appear fror their spiritual and social reform. Latter on, they heard about Muhammad (peace be upon him), his message and the opposition of the Qurayshites thereto. In the year 620 A.D. six prominent members of the Bana Khazraj had the occasion to see Muhammad (peace be upon him) in Hajj and were so much impressed by the truth of his message that they embraced Islam. Chief among these first converts from Yathrib was As'ad bin Zurarah21 who had already abandoned polytheism like the Mu'wah hidin of Mecca ISLAMIC STATE AT MEDINA 67 and was in search of truth which he found in the person and message of Muhammad (peace be upon him).22 In embracing Islam, these leading men of Yathrib were convinced that it was the only panacea for the evils and troubles of their times. That is why, after their submission to the Prophet and ultimateiy to Allah, they are reported to have said to the Prophet : We have left our people, for no tribe is so divided by hatred and rancour as they. Perhaps Allah will unite them through you. So let us go to them and invite them to this religion of yours and, if Allah unites them in it, then no man will be mightier than you.23 After their return to Yathrib, they told their men about Muhammad (peace be upon him) and his message and invited them to the fold of Islam until it became so well-known among the Yathribites that there hardly remained a house where Islam and its preacher were not mentioned. So when the next year people came to Mecca for performing the Hajj, some Yathribites met the Prophet at Al-'Aqabah and embraced Islam. In their oath of allegiance to the Prophet they undertook not to associate any one with Allah and promised that they wou!d not steal, nor commit fornication, nor kill their offspring, nor slander their neighbours and would not disobey Rasiil Allah in what was right.2 4 In shor, they pledgsd total submission to the Prophet and ultimatety to Allah. It might not be out of order to add here that in PreIslamic times Banii Aus and Khazraj had fought many battles which had trained them in warfare. Their valour had spread far, their courage became well-known and their bravery was 68 MUHAMMAD NAZEER KAKA KHEL often cited.25 The submission of such people to the Prophet may be regarded as his first political victory also2 which paved the way for the rapid spread of Islam at Yathrib and the socioreligious compact that took place in the year 622 A.D. at Al'Aqabah served as a foundation stone for the Islamic state. It has been reported that the uncle of the Prophet, namely, ' Abbas was also present at Al-'Aqabah in his meeting with the Yathribites to ensure himself that they (the Yathribites) would The following speech delivered by one not betray his nephew.2 of their leading men makes it clear that they had not been motivated by any thing except the truthfulness of the message of the Prophet : . . . .Do you realize what you are committing yourselves to in pledging your support to this man (the Prophet). It is to war against red and black. If you think that if your property is lost and your nobles are killed, you will give him up, then do it now for it would bring shame upon you in this world and the next but if you think that you will be loyal to your undertaking, even if you lose your property and your nobles are killed, then take him, for by God, it will profit you in this world and the world to come.2 8 The Yathribites stood by their pledge reiterating that they would listen to and obey the Prophet in weal and woe and that when he should come to their city, they would help and protect him as they help and protect themselves, their women and children.2 9 Consequent upon the bay'a rendered by the Yathribites to the Prophet and the assurance they gave him of their help, cooperation and protection when he should come to their city, the Islamic state was established in due course deriving ISLAMIC STATE AT MEDINA 69 its sanction from the Qur'an and the Sunna of the Prophet. This bay'a is regarded by some scholars as a step towards founding a civil society at Medina.30 But this view does not seem to be cogent, because we have already discussed in one of our articles3 1 that the umma had first been established and integrated at Mswa and when the Yathribites embraced Islam, they automatically became its members. The bsy'a al-'Aqabah was a step towards founding a state at Medina. The permission of war (qita1)sz by Allah to Muslims in the last years of Prophet's stay at Mecca shows the growing power of the umma and is an indication of the fact that they could now pay the Qurayshites in the same coin. But it must be made clear that war in Islam is not an instrument of offence. Islam respects human life and its inherent values but when it is threatened with extinction, the forces of tyranny and oppression are to be resisted till dignity and freedom of life and conscience are restored. Coming to the sequence, it is to be observed that after the spread of Islam at Medina and the permission of God to Muslims for waging war in self-defence, the umma may be said to have started endeavouring consciously to define and determine its political goals and as such it had become potentially a statecommunity. When the Muslim umma attained these goals at Medina, it became a state in the formal sense. The acceptance of the position of Muhammad (peace be upon him) as the Prophet of Allah and chief arbitrator by the Yathribites has been compared by some Orientalists to medieval republics of North Italy that chose a stranger to hold the chief post in their cities in order to maintain some balance of power between rival factions and prevent, if possible, the strife which 70 MUHAMMAD NAZEER KAKAKHEL was so ruinous to their commerce and general welfare.3 3 But this comparison is preposterous. It is true that the oath of allegiance rendered by the Yathribites had far reaching political implications but at that time Rasol Allah was simply invited as the Messenger of God. Slowly and gradually all the necessary roles as head of state and government came his way. HIJRAH AND ITS POLITICAL SIGNIFICANCE After the bay'a al-'Aqabah, tne Prophet was confident that Allah had made arrangeinents for the spread of Islam at Medina and elsewhere. He was sure that his adherenes at Mecca too would have a sigh of relief from the hardships and cruelties of the Meccans if they were shifted to Yathrib. Hence, for the sake of protecting the faith, restoring dignity and freedom of life and checking the forces of tyranny and oppression, Muhammad (peace be upon him) ordered his adherents to go one by one to Yathrib and settle there. He himself kept awaiting the orders of Allah. When the Meccans realized that the massive movement of Muslims could be dangerous to their interests, if the Muslims got a footing at Yathrib, they got together in their Council Hall (Dar al-Nadwah) to ponder over the question of the spread of Islam. At last they reached an accord to the effect that Muhammad (peace be upon him) should be slain so that the movement is crushed at the very source. 3 5 But Allah informed His Prophet of their evil designs and ordered him to leave for Yathrib.36 Accompanied by Abu Bakr, the Prophet joined his followers at Yathrib in the summer of 622 A.D. 1 The Prophet received a warm welcome at Yathrib, because his personality and message were the only remedy for the moral r , ISLAMIC STATE AT MEDINA 71 crisis which had undermined their social structure. Hence, soon after his Hijra to YaBrib, he attained political authority as well, though it was not yet properly defined. But after the promulgation of the constitution of Medina it became clearly defined and determined. The Hijra is a very important landmark in the annals of Islam. It was only after the Hijra that Muhammad (peace be upon him) could realize his vision (Ideology) in space and time and practically demonstrate what Isti&lrif fi 'I-Ard really means. No doubt, in its broad outlines, Islam was already a complete way of life by the time of Hijra but most of its religious institutions were still in embryo and reached perfection only after the migration. So far as its political, social and economic institutioris were concerned, they evolved and reached their completion only after the foundation of the Islamic state at ~ e d i n a . It is noteworthy that just beforc the Hijra Mubarnmad (peace be upon him) had no political authority. He was obeyed because he was the Messenger of Allkh. Thus, obedience to him at Mecca was purely moral without any political basis. It sprang from the respect which the Muslims had for theif Prophet as Rasal Allah. 1was only after the Hijra that, apart from the Muslims, Jews and pagans too had to obey -him as the head of the city-state of Medina. Hijra thus ushered in a new era both in the life of the Prophet and his mission, Islam. To quote Syed Arnir Ali : From the moment of his advent into Ya&nib he stands in the full blaze of the day . . the grandest of the figures upon whom the' light of history has ever shone.3 7 , The stabilization of peaceful conditions of life at Medina was the burning problem of the Yatlrribites just before the Hijra. It appears that after the battle of Bu'ith (the last war 72 MUHAMMAD NAZEER KAKA KHEL fought between the Aus and Khazraj approximately five years before the Hijra)3~ peace had apparently been restored at Yarthib but there was still restlessness. The danger of war always hovered over the city. The reasons seem to be that : the combatants were too exhausted to continue the struggle actively. For the most part the enemy groups avoided one another, but there was a state of hostility, and if a man was careless and gave his opponents an opportunity, he was liable to be murdered.39 In short, the Hijra not only saved the Yaaribites from further disintegration but also gave their society vitality and cohesion. By uniting the Muhiijirin and Ansiir into one whole, a corporate unity was formed whose parts were bound together into a single composite whole in which injury to any of its component units was felt by other units on the basis of faith alone. Thus, an example was set up for humanity at large. After the Hijra, the Prophet worked for the integration of his wnma in the new environment when the Muh%jir?nhad been rooted out from their ancestoral homes at Mecca. For this purpose, beside other actions, the Prophet instituted Mu'ii hiit. MU'AKHAT (BROTHERHOOD) We have seen somewhere else40 how the Muslim Umma emerged and achieved its cohesion on spiritual, social, economic and political planes at Mecca. The need for its integration on social, economic and political planes was earnestly felt when a state was founded at Medina which embraced heterogeneous elements with divergent social, political and professional outlooks.* 1 , In order to assimilate the migrants in the new environ- / ISLAMIC STATE AT MEDINA 73 ment, avoid differences among the members of the new political set up, solve the immediate economic problems of the emigrants for providing them some measure of social security and give practical lesson to the world of the Qur'anic concept of Brotherhood of Muslims, the Prophet instituted M ~ ' d k 6 ~ t among the Muslims.42 The brotherhood instituted by Muhammad (peace be upon him) was not merely in name. The Ansar not only extended their cooperation and sincere advice to their brethren in faith from Mecca but also readily agreed as partners to share their houses, properties and fruits with them.43 The pairing up of Muslims into brotherhood raised the moral prestige of Ansar and contributed to the material welfare of the Muhajirin They loved each other more than brothers because it was a brothzrhood for the sake of Allih and not a brotherhood for the sake of tribal and family interests or a brotherhood based on blood relationship. Referring to the fraternal relations of the Ansiir and MuhiijirIn, the Qur,iin says :And those who made their abode in the city and entered the faith before them love those who migrated to them for the sake of refuge and find in their hearts no need for that which had been given to them, but prefer (Muhgjirln) above themselves, though poverty become their lot. And whoso s saved from his own avarice, such are they who are successful.4 4 The institution of Brotherhood which, later on, culminated in universal brotherhood united the Muslim Umma into a single whole. This brotherhood was governed not by considerations of common ties of blood or economic necessities but by the Ideology of Islam which held them together. The Holy Qur'an 74 MUHAMMAD, NAZEER KAKAKHEL talks of this Brotherhood as a blessing of Allah. reminds the Muslims : Hence, it "And remember Allah's favour unto you : how you were enemies and - ~made e friendship between your hearts as brothers by His grace, and how you were upon the brink of an abyss of fire and He did save' you from it.4 5 On certain occasions when blood feuds arose among the tribes of Aus and Qazraj, the Qur'an allayed their hostile feelings by reminding them that they were brothers and asked the Prophet to reconcile the brothers.46 The Qur'an on a number of occasions and in many different contexts, talks of the brotherhood of Muslims and exhorts them to cooperate with one another.47 Although Allah, created them of male and female and made them races and tribes, yet' He recognised no differences among them save on the basis of piety and Godfearing. 4 8 The mdrd tkachings of the, Qur'kn for external and internal unity gave. a momentum t o the integration of the Muslin Umma at Medina. Throughout the centuries these have given cohesion to the Umma. Hence, they can be neglected only at the &st of the extinction of. the Muslim U m m ~ . . * I Muaui'at has been compared by the Prophet to a compact and an organic whole whose parts are bound together so that if any of its parts is affected, the whole body should feel it.49 Thus, beginning with Mu'akhat, the Musl'm Fraternity developed into a universal brotherhood. Brotherhood, whose corollary is cooperation, plays an important rob in the social milieu of human life and,that is why great social thinkers, like Bertraod Russel, have attached so much importance to this factor for promoting the cause of humanity and its welfare,~~ which was demonstrated by the practical .benefactor of humanity, , ISLAMIC STAm AT MEDINA *75 Muhammad (peace be upon him) fourteen hundred years ago. This was the time wheh the so-called civilized world was passing through the darkest period of history. After taking initial steps for solving the immediate problems of rehabilitation, accommodation, assimilation and iategration, the Prophet diverted his attention towards the political problems of the society which comsisted of heterogeneous elements: For that purpose, he drew up a Charter which has come down to us in toto and may be'called the first written constitution of the world promulgated by the Prophet at Medina. THE CONSTITUTION OF THE ISLAMIC STATE The ~ h a a e rof Medina (Mi ibr q al-Madina) issued fourteen hundred years ago was not only of great importance then but has also become a weighty and significant,document in the recent decades. The grant of civil liberties in this Charter in a land still ruled by tribal aristocrats was of far more significance and should serve as a pointer to the modem civilized world. ~ e s of eits application to the conditions and changed circumstances which its author had in mind, the Mithgq alMadtna has become the most important si&e document in the development of constitutional and legal freedom in the contemporary ~ u s l i mworld. . What is said to have been given to the modern civilized wo'rld by the ~mericanDeclaration of Independence (17761, the French 4tevolution (1789) and the Universal Declaration of Human Rights of the U. N. 0.were already embodied in the Chaffer of Medina by Mu6ammad (peace be upon him) This .is regarded as the first written 76 MUHAMMAD NAZEER KAKA KHEL constitution of the worlds 1 which has been preserved by the Muslim historians and come down to us in toto.52 TEXT OF THE DOCUMENT In the name of Allah, the Beneficient, the Merciful. This is a document from Muhammad (peace be upon him), the Messenger of Allah, to the believers, Muslims of Quraysh and Yathrib, and all those who followed, joined and laboured with them. 1. They constitute one Umma distinct and apart from the rest of the people. 2. The emigrants of the Quraysh, according to their former condition, shall pay the bloodwit within their number and shall redeem their prisoners with kindness common among the believers 3. The Banii Aus, according to their former condition, shall pay the bloodwit within their number and redeem their prisoners with the kindness and justice common among the believers. 4. Banii Sa'idah, according to their former condition, shall pay the previous bloodwits, each sub-clan shall redeem ts prisoners with the kindness and justice common among the believers 5. Banii Hiirich, according to their former condition shall pay the previous bloodwits, Each sub-clan shall redeem its prisoners with the kindness and justice common among the believers. 7. BanG Najjiir, according to their former condition, shall pay the previous bloodwits, each sub-clan shall redeem its ISLAMIC STATE AT MEDINA 77 prisoners with the kindness and justice common among the believers. 8. The Bana 'Amir bin 'Auf, according to their former condition, shall pay the previous bloodwits, each subclan shall redeem its prisoners with the kindness common among the believers. 9. The Bana Nabith, according to their former condition, shall pay the previous bloodwits, each sub-clan shall redeem t s prisoners w th the kindness common among the believers. 10. The Bana Aus, according to their former condition, shall pay the previous bloodwits, each sub-clan shall redeem its prisoners with the kindness and justice common among the believers. 11. The believers shall not leave any one destitute among them by not paying his redemption money or his bloodwit in kindness. 12. -Abeliever shall not take as an ally the freedom of another Muslim without his consent. 13. God-fearing believers shall be against any one who rebels or seeks to spread injustice or sin or enmity or corruption amongst the believers ; they will be against him jointly, even if he were the son of any one of them. 14. A believer shall not kill a believer for the sake of another believer nor he shall support an unbelimer against a believer. 15. Allah's protection is one and is equally extended to the humblest of the believers. The believers are friends to one another to the exclusion of the rest of the people. 16 Whosoever of the Jews follows us,he shall have our 78 MUHAMMAD MAZEER KAKAKHEL help ,and equality: He shall mot be. wronged nor shall his enemies be sided against him. 17. The peace of the believers is indispensible. No believer shall make peace to the exclusion of others in a fight' in the way of Allah except on equality and justice among them, 18. In any expedition made with us (the parties) shall take turns with us. 19. The believers shall avenge the blood of another shed in the path of Allah. The God-fearing believers enjoy the best and the most upright guidance. 20. No polytheist shall take the property or person of Quraysh under his protection nor shall he intervene in his favour against a believer. , 21. Whosoever kills a believer without a just cause shall be subject to .rebliation, unless the representatives . of the murdered are satisfied with blood money. The believers shall be Against the murderer as one and nothing is permissible to them except to take action against him. 22. It is not permissible for a believer w-h~ approves what is written in this document and believes in Albh and the Day of Judgement to help an evil-doer or shelter him. On the ~ a of y Judgement the curse and anger of Allah shall2be upon him ' ~ l .h ohelps and shelters him. , 23 Any thing which you may disagree upon is to be referred to Allah and Muhammad (peace be upon him). , * 24. The.Jews shall contribute to the expenditutre of war as long as. they continue to fight alongside of the believers. 25. The Jews of Banii 'Auf . are an Umma with the believers. The Jews shall have their own religion and the 3 -F .c ISLAMIC STATE AT MEDiNA 79 Muslims their own. (This applies) to their clieints and, to thetnselves with the exception of any one who dozs wrong or acts treacherously ,; he brings evil on himself and his family members. 26. For the Jews of Bano Najjar the like of what is for. the Jews of Bano ' Auf. 27. For the Jews of Bano Harith the like of what is for the Jews of Banii 'Ad. 28. For the Jews of Bans Sa'idah the like of what is for the Jews of Bans 'Auf. 29. For the Jews of Bani Jusham the like of what is for t l ~ eJews of Bano ' Auf. 30. Tor the ~ e w of s Banii Ausbthe like of what is for the Jews of Ban0 'Auf. 31. For the Jews of Bano nablabahthe like of what is for the Jews .bif Banii 'Auf.with the exception of any one who does wrong or acts treacherously : he brings evil on himself and his family. 32. Jafnah. a sub-clan of Banii ma'labah are like then52 33. For Banfi Qutaybah the like of what is foi the Jews of Ban6 'Auf. Piety and loyalty stand in the way of treachery. 34. The clients of Banii 'Tha'labah are like themselves 35. The ciose friends (bitlna) of the Jews are like them- selves. .. , . . >> 36. None of them are to go (to war) withcrut'the permissio; 6f ' M'uhhixid but he -shall not be prevented from the vengeante for woilndg Whoever acts rashly (he -involves) " 80 MUHAMMAD NAZEER KAKA KHEL only himseif and his family members except where a man has been wronged. God will guarantee this agreement. 37. The Jews shall bear their own expenses and Muslims their own. Each must help the other against any one 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 ally's misdeeds. The wronged must be helped. 38. The Jews shall bear the expenses with the Muslims as long as they continue at war. 39. The jauf (interior) of Yathrib shall be sacred for the people of this document. 40. The protected neighbours (Jar) is as sacred as the protector himself as long as he does not harm and does not act treacherously. 41. No women shall be given protection without the consent of her family. 42. If any dispute or controversy likely to cause trouble should arise among the people of this document, it must be referred to Allah and Muhammad. Allah will guarantee the observance of this document. 43. Quraya should neither be given protection nor support. 44. Between them is help against whoever suddenly attacks Yathrib. 45. When they are called to make peace, they conclude and accept it ; they, in turn, summon to the like of that. It is - .,ISLAMIC STATE AT MEDINA 18 for them upon the believers whoso wars about religion. Every one shall have his portion from his side. 46. The Jews of Aus, both their clients and they themselves, are in the same position as belongs to the people of this document in pure loyalty from the people of this document. 47. Loyalty is a protection against treachery. He who acquires it for himself should do so. Allih is the most upright and trust fulfiller of what is written in this document. This writing will not protect the unjust and the sinner. The man who goes out for fighting is safe and the man who stays in the city is safe, unless he has been unjust and has sinned. Allah is the protector of him who is good and Godfearing and Muhammad (peace be upon him) is the Messenger of Allah. ROLE OF THE CONSTITUTION IN THE DEVELOPMENT OF THE CITY-STATE A careful examination of the various articles of the constitution of the city-state of Medina would reveal that it was not merely a treaty of alliance but a written constitution laying down the foundation of the Islamic state at Medina and regulating the relationship between the Muhajirin and the Ansar, on the one hand, and between them and the Jews, on the other hand. With the exception of the Jews who constituted an Umma of their own, the adherents to the documents were united into a single coherent body called the Muslim Umma, the body that had already substituted at Mecca the community of faith in place of blood ties. The changes wrought through the constitution of Medina on the life of the Arabs were profound. The main grouping now was no longer the tribe but the association of the believers i i an umma established at Mecca in its embryo. The umma established first at Mecca 82 MUHAMMAD NAZEER' KAKAKHEL and now stipulated in the constitution could be considered as the first serious blow to tribalism and the introduction of a new system or new way of life where nationality was based neither on camrnon race or language nor on a common fatherland but on a coinmon Ideology. Hence, it differed from any other community in that it was entrusted with the task of furthering good and suppressing evil.5 It was the only seat of j ustice and faith upan the earth, the sole witness among rnen.55 A cursory glance at the constitution will show that the Prophetic state in the beginning was a federation of the different clans of Muslims, on the one hand, and of the Jews, on the other. Liberal concessions had, therefore, to be given to them in matters mostly financial : "The very nature of this newly founded state and the circumstances under which its constitution was drawn up, seem to be responsible for the fact that the constitution"shou1d have been of a confederal form with much autonomy. 5 6 It should, however, be noted that though the persistence of the Pre-Islamic sentiments were recognised in .the document because the Prophet sought change by evolution, yet within the ~ ~ l Ui vma all surrendered their right to govern themselves b favour o f the will of Alliih and .His Rasfil who symbolized tbe integration of the IJmma. This introduction of the idea of dovereig~ty&Allah and man's responsibility and &ountability to ~ i was & not kngwn to the Arabs. Hence the members of the ~ v y &hid to say good-bye to their ancestoral unrestricted freedom . of,,kill. .,Thus, 'y$hout striking directly at the indk*eDd&ce. ...s t h i tiibes, ~ u ~ a m t n a(peace d be upon him) virtually eliminated the tribal system by. shifting the centre of gravity from the tribe to thk urnma con&tihg of the tribes as 2~ bf 4 . ISLAMIC STATE' AT MEDINA - 83 political units and individuals as its members. This Umma worked through the newly established state under the leadership of Muhammad (peace be upon him) who used to consult the prominent members of the Umma on important issues.5 7 It would not be out of order to turn our attention from the subject for a while and consider the Magna Carta of King John ;of England (12 15 A.D.) which is often quoted as a l a n d ~ r k in the development of constitutional and legal freedom of modern England and other European countries. 5 8 - But a closer scrutiny would reveal the fact that it was neither a contract between the king and his subjects nor a charter of civil liberties guaranteeing certain rights or privileges to the citizens. To quote Robert Neuman : It was purely a feudal document in which the king granted to the nobles the rights, which in their opinion, and probably correctly, they already possessed. 5 9 The Magna Carta of Muhammad (peace be upon him) that he gave to the citizens -of Medina was not a feudal document. It was a document which guaranteed liberty of conscience, eqkdity, equity and fraternit) to all, irrespective of one's caste, creed, colour or social stationin life. It was given t o thi Arabs at a time when Europe was still passing through the darkest period of absolutism. None of the Europaan p eoples of that time could think 6f the'liberties an3 obligaiions guaranteed in .., - of Medina. The Mi thaq al-Madin? was, in brief, the constitution the constitution of the Muslim c$iz& and subjects of the state under which all- enjoyed the same rights and' privileges. Its purpose was practical and 'administrative. Muhammad (peace be upon him) in the capacity of Rasal Allah also became the head of the state and, as such, the final adjustment centre, the authority who spoke the last word under 84 MUHAMMAD NAZEER KAKA KHEL Allah's guidance and direction. But inspite of his being the head of the state and his primacy of honour as the Prophet, he did not behave like a despot of the ancient times. Mutual consultation was made the essence of the new polity. The recognition of Muhammad (peace be upon him) as the chief justice and Messenger of Allah in the constitution by the people of the document meant, in fact, the acceptance of Pax-Islamica which, for the first time, in an unruly world of the 7th century Arabia and elsewhere treated man as the most noble creature and guaranteed to the citizens and subjects alike the fundamental rights at a time when Christians still preached the doctrine that man is born sinful and that Jesus Christ sacrificed himself for the atonement of Christians. Thus the security of Pax-Islamica was particularly appreciated by those whom the attitude of the two great empires, the Roman and the Persian, filled with a sense of insecurity of life. That seems to be the reason why in the closing years of Muhammad's (peace be upon him), alliance with the Islamic State promised greater security than was otherwise attainable. In short, the constitution exalted justice and guaranteed the fundamental rights to all along with equal emphasis on the obligations of the citizens. PART-I11 CONCLUDING REMARKS From the foregoing, it. f&ws that Muslims, as the vicegerents of Allah, undertake to implement the will of Allah as revealed in the Qur an and practised by the holy Prophet. The acceptance of Islam brings one within the ambit of the Muslim Umma. The state is the organization through which the will of the Umma is e x e c u ~ and d the injunctions of the Qur'an ISLAMIC STATE AT MEDINA 85 and Prophetic Sunna are enforced. Hence, the state in Islam is necessarily democratic in nature though democracy may lake different forms and shapes. On the strength of evidence given in the preceding pages, one may also conclude that the Islamic state is not an end in itself, rather it is a means to an end, the end being the cultivation of moral virtues and social decencies in this life leading to success and happiness in the Hereafter. ) The promulgation of the Constitution of the City-state of Medina by the Prophet should serve as a pointer to the fact that an Islamic state should have a written constitution outlining the broad principles of the structure of government and the limits within which its various organs and institutions would work. The constitution should also guarantee not only the fundamental rights and duties of the citizens but protect the rights and interests of the minorities with meticulous Care. ~t should also clearly provide that no law should be contrary to the letter and spirit of Islam, as revealed in the Qur'an and Sunnah of the holy Prophet and that all unethical practices are to be eliminGed. The state should devise ways and means for the exercise of fresh Ijihad and Ijma',keeping in view the modern and technological advancements. In this way alone Muslims of the world can contribute adequately to the promotion and establishment of a sane, progressive and viable world In this sphere Islam with its message of universal equality, brotherhood and cooperation on a moral plane, without giving any consideration to short term political expediency, has something vital to contribute to human progress which neither the West is in a position to do nor yet the Communist world, since both of these are caught up in a desperate struggle of power-politics. It is, therefore, imperative that an Islamic 86:. MUHAMMAD NAZEER KAKAKHEL state should address itself to, the task of cementing interMuslim unity, not in order to exclude the rest of humanity, but in order to contribute positively to the pzace, happiness and progress of the rest of mankind. NOTES 1. 2. 3. See my article " The Rise of Muslim Umma a? Mecca and Its integration." Harndard Islan~icus,Karachi, vol : v, No : 3, Autumn 1382, pp. 59-74. It is to be noted that prof : Ilyas Ahmad equates the Jahili period with the state of nature as described by Thomas Hobbes, Jhon Locke and J. J. Rousseau. For d-taiis ses his " Social Contract and Islamic State " Allahabad, 1944. Chapter 111. See my article "Poli?ical System .';in Pre-Islamic Arabia" in Islamic Studies, Islamabad vol : XX. Winter 1981. No. 4. 4. See Mu'allaqa Zuhayr bin Abu Sulma in Sab'ah Mu'allaqat. Karachi, 1964. 5. Goldzeihr, Muslim Studies (English Translation) vol : I, p. 201. 6. Ibid. p. 206. 7. Qur'an. XCV :4. 8. Muhammad ~ ~ b aJaved l i Namah. Lahore, 1959, p. 71. Fazlor Rahmad, Quranic Conept of God, Universe and Man, Islamic Studies. Islamabad, vol :VI, No : I, March 1967, p: 11. : 72. 10. Qur'an, X 11. Ibid.121. 9. . Form) Oxfold' 1968, p. 46. 12. Ibn Khaldfh. The Muqaddimuh (Eng ~ r Abridged 13. Qur'an, V I?. ' 14. Charles 1sawi: An Arab Philos~phyof Hirtory, London, 1969, p. 102. 15. Montgomery Watt, Muhammd, the Prophet and the Statesman, Oxford 1961, p. 69. 16. Ibn I s m , Sirah Rarul Allah (Eqg. Tr.), pp, 179-80 Shibli. Sirat al-Nabi, n.d. Lahore, pp: 214ff. , . -- 17. The Rise of Muslim Urnma. op. cit. , , 18. Ibn Ishaq, Sirah, op. cit. pp. 192-93. 19. Al-Sanlhudi. Wafa'al-wafa', Cairo 1955, vol :I, pp. 215-18. 20. The Qur'an refers to this whea it says :And when there came to them a Scripture from Allah confirmi~gthat in their pos;cssion, although before that they were asking for a signal triumph over - .. those who disbelieved, and *en there came to-them that which they knew* .(to. b truth.), they disbetieve in it; The curse of Allah is on disbelievers. Seq als,o(Iba Isbfiq, op. cit. p. 198 ;Tabari, Tarikh, 1220. * . . - . ISLAMIC STATE AT MEDINA 87 Yusuf ' Abbas Hashmi. A Note on As'ad b. Zurarah " Journal Pakistan Historical Society, vol : XII, NO. 111, July 1964. Muhammzd Sa'id Ansari. Siyar Sshabah. Azamgarh, 2nd ed. 1968 pp. 250-51. Ibn Ishaq, op. cit. p. 198. Al-Bukhari, vol : I, p. 7, vo1 : 11, p. 1071 Ibn Ishaq, op. cit., p. 199. Al-Baladhuri, Futuh al-Buldan. p. 33. Muhammad ' Izzali Darwazah. Tarikh al-Jins al-'Arab, vol : IV, pp. 124-25. Ibn Ishaq. op. cit. p. 203. Ibid, pp. 204-5. See also Al-Tabari, p. 1221. Al-Azraqi. Akhmr Makka, p. 429 Ibn Ishaq, op. cit. p. 208. Ilyas Ahmad, op. cit. p. 77. The Rise of Muslim Umma, op. cit. Qur'an. XXII : 39 See also Ibn Ishaq, op. cit. pp. 212-13. T. W. Arnold. Tho Preaching of Islam, Lahore 1956, p. 21. Qur'an. I1 : 143. XXII : 78. Ibid, VIII : 30, Sea also al-Tabari, Torikh, p. 1229. Ibid. XXII : 39. IV :97-103, VIII : 30, L11 : 30-31. Syed Amir Ali, The Spirit of Islam. p. 51. Al-Samhudi. Wafa al- Waf* op. cit. p. 218. Montgon=ry Watt. Muhammad at Medina. p. 158. The Ris: of Musiim Umma, op. citi Jawwad 'Ali. Tarikh al-'Arab Qabl al-Islam, vol : IV, pp. 287-88. Al-Bukhari. vol : I, pp. 533-34, Ibn Ishaq. p. 234. Ibn Sa'd. AI-Tabagar al-Kubra, vol : I, pp. 238-39. Al-Bukhari, op. cit. Ibn Kathir, Al-Bidayah wa'l-Nihayah, vol : 111, pp. 2 2 6 2 8 . Qur'an. LIX : 9. Ibid, ILI : 103, XV : 47. Ibid, XLIX : 10. Ibld. IX : 11, XXXIII : 5. V : 2. Ibid. XLIX : 13. Mishkat al-Masabih, Delhi 1932. p. 422. Bsrtrand Russel. Hurrzr Society in Ethics and Politics. N. York, 1965, p. 153. Hamidullah, First Written Constitution in the World, Lahore. 1958. Ibn Ishaq, pp. 231-32, Ibn Hisham. pp. 219-21. Montgomery Watt, Muhammad ai Medina, pp. 221-225. The text has been translated tne in light of the sources cited in reference N o : 52 above in addition to Majid Khadduri's War andpeace in the Lou of Islam, pp. 2 0 6 9 . Qur'an, 111: 110. 55. Ibid. 11v 143: XXII : 78. 88 MUHAMMAD NAZEER KAKA KHEL 56. Hamidullah, First Written Constitution, op. cit. 57. See my article ' Conceptual and Institutional Development of Shura in Early Islam, Islamic Studies, vol :XX,N o :4. Winter 80. 58. Sir Ivor Jennings, Magna Carta, (British Information Service, Pakistan,) 1955, pp. 44-18. 59 Robert Neuman. England and Comparative Government, LondonlNew York, 2nd ed. 1955, p. 9. 60. Conceptual and Institutional Development of Shura in E d y Islam, op. cit.