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 self-
deception. 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 Command-
ments 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 associ-
ate 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 Pre-

Islamic 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 socio-
religious 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
not betray his nephew.2 The following speech delivered by one
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 realizewhat 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 found-
ing 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 auto-
matically 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 threa-
tened 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 state-
community. 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
r
The Prophet received a warm welcome at Yathrib, because
his personality and message were the only remedy for the moral
 , 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 politi-
cal, 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 out-
looks.* 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 (Muhgji-
rln) 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. Hence, it

reminds the Muslims :
"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 God-
fearing. 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
I .
Muslim U m m ~ .
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 al-
Madtna 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 condi-
tion, 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 an-
other 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. 3
-F
25. The Jews of Banii 'Auf . are an Umma with the
believers. The Jews shall have their own religion and the
 .c ISLAMIC STATE AT MEDiNA 79
Muslims their own. (This applies) to their clieints and, to thetn-
selves with the exception of any one who dozs wrong or acts
treacherously ,; he brings evil on himself and his family mem-
bers.
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 per-

"
missio; 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 them-
selves, 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 constitu-
tion"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$hout striking directly at the
indk*eDd&ce.
...s
2~ bft h i tiibes, ~ u ~ a m t n a(peace
d be upon him) 4
virtually eliminated the tribal system by. shifting the centre of
gravity from the tribe to thk urnma con&tihg of the tribes as
 . ISLAMIC STATE' AT MEDINA - 83
political units and individuals as its members. This Umma
worked through the newly established state under the leadership
of Muhammad (peace be upon him) who used to consult the
prominent members of the Umma on important issues.5 7
It would not be out of order to turn our attention from the
subject for a while and consider the Magna Carta of King John
;of England (12 15 A.D.) which is often quoted as a l a n d ~ r kin
the development of constitutional and legal freedom of modern
England and other European countries. 5 8 - But a closer scrutiny
would reveal the fact that it was neither a contract between the
king and his subjects nor a charter of civil liberties guaranteeing
certain rights or privileges to the citizens. To quote Robert
Neuman :
It was purely a feudal document in which the king gran-
ted to the nobles the rights, which in their opinion, and
probably correctly, they already possessed. 5 9
The Magna Carta of Muhammad (peace be upon him) that he
gave to the citizens -of Medina was not a feudal document.
It was a document which guaranteed liberty of conscience,
eqkdity, equity and fraternit) to all, irrespective of one's caste,
creed, colour or social stationin life. It was given t o thi Arabs
at a time when Europe was still passing through the darkest
period of absolutism. None of the Europaan p eoples of that
time could think 6f the'liberties an3 obligaiions guaranteed in
.., - of Medina. The Mi thaq al-Madin? was, in brief,
the constitution
the constitution of the Muslim c$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 decen-
cies in this life leading to success and happiness in the Here-
after.
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 outlin-
ing 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 promo-
tion and establishment of a sane, progressive and viable world
In this sphere Islam with its message of universal equa-
lity, 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 inter-

Muslim 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. 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.
2. 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.
3. 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.
9. Fazlor Rahmad, Quranic Conept of God, Universe and Man, Islamic Studies.
Islamabad, vol :VI, No : I, March 1967, p: 11.
10. Qur'an, X
- : 72.
11. Ibid.121.
12. Ibn Khaldfh. The Muqaddimuh (Eng ~ r Abridged . Form) Oxfold' 1968, p. 46.
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.