The Constitution of Madina

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HEYTHROP COLLEGE

UNIVERSITY OF LONDON

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Student ID Number 080414 Degree/Diploma Title ABRAHAMIC RELIGIONS - B.A. (HONS)

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Module Code AR307 Module Title Jewish-Muslim Relations Essay/Dissertation/ Project Title

The Constitution of Madina: The ‘Actual’ Beginning of Muslim-Jewish Relations

Word Count 3298

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Arabic Characters

’ ء

ṭ ط

ẓ ظ b ب

‘ ع t ت

gh غ th ث

f ف j ج

q ق ḥ ح

k ک kh خ

l ل d د

m م dh ذ

n ن r ر

h ه z ز

w و s س

y ی sh ش

ṣ ص

ḍ ض

Long Vowels

ā ا

a ۔

u ۔ ū و

i ۔ ī ي

The Constitution of Madina: The ‘Actual’ Beginning of Muslim-

Jewish Relations

List of Transliterations

Short Vowels

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The Constitution of Madina: The ‘Actual’ Beginning of Muslim-

Jewish Relations

1ہ] ۔ انھم امۃ واحدة من دون الناس ۔

ھذا کـتاب من محمد النبی [رسول الل

This is a prescript (kitāb) of Muḥammad 2�. Verily they constitute an ‘ummah’ (political unit) as

distinct from all the people (of the world).3

دینھم و للمسلمین دینھم۔۔۔و ان یھود بنی عوف امۃ مع المومنین ۔ للیھود 4

And verily the Jews of Banū ’Auf shall be considered as an ummah (community) along with the

Believers, for the Jews being their religion and for the Muslims their religion�5

Introduction

In contemporary society one is bewildered and bemused at the arguments and

sources presented by Islamists and puritans in order to justify their hate for the

‘other’. I always believe it significant to understand the historical context for

ascertaining the meaning of the Qur’an and Ḥadīth, however for puritans it is the

‘atomistic’ approach to the text that is more appealing. Hence, I intend on

analysing the text and historical background of a forgotten and not so

appreciated document – ‘The Constitution of Madina’. I will initiate the analysis

by exploring the authenticity of the text and thereafter examining the historical

background to the document. I will then analyse the word umma and the Jews in

the text of the document: and conclude by examining some aḥādīth (pl. of ḥadīth

– traditions of the Prophet) from ṣaḥīḥ al-Bukhārī regarding the Prophet’s

relations with the Jews of Madina.

1 Hamīdullāh, M. (1994). The First Written Constitution in the World: An Important Document of

the Time of the Holy Prophet. (p. 55) 2 In all instances of a Muslim’s speech and traditional writings the phrase ‘Peace Be Upon Him

(PBUH)’ (عليہ و سلم G صلی) is followed by the name of the Prophet, but in this article I intend the

phrase, hence on the understanding that it is intended and assumed no disrespect is intended. 3 ibid., (p. 41) 4 ibid., (p. 60) 5 ibid., (p. 48)

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Authenticity of the Document, and its source – ibn Ishaq

It is immensely significant to analyse the authority of any text within Islam before

any importance is given to it. Hence, I will begin by looking at the isnād (chain of

narrators) from the text of the Constitution:

حدثنا احمد بن جناب ابو الولید ثنا عیسی بن یونس ثنا کـثیر ابن عبد : و قد ذکرە ابن ابی خیثمۃ فاسندە

ہ بنکـتب کـتابا بین المھاجرین و ا?نصار فذکر صلی هللا علیہ و سلمعمرو المزنی عن جدە ان رسول هللا الل

بنحوە6

And indeed Ibn Abī Khaithamah mentioned (the text of the constitution) and

hence illustrated the isnād: Ibn Abī Khaithamah > ‘Aḥmad ibn Janāb Abū al-

Walīd > ’Isā ibn Yūnus > Kathīr > ’Abdullāh > ’Amr al-Muzaniyy >The Messenger

of Allah. The purpose of illustrating the text is of great importance here as there

are many texts, which remain short of providing an isnād. As in mainstream

Islam isnād plays a significant role in ḥadīth authority, as Ibn Mubarak said, N لو

that if there was no isnād then one would merely say ,اNسناد لقال من شاء ما شاء

what they desired.

However, Denny contends that, ‘There is little doubt among scholars that it is

authentic, and that it, like the Qur’an, is intimately connected with Muḥammad’s

thought and activity. W. Montgomery Watt has summarized the strong reasons

which J. Wellhausen had earlier adduced in favour of its authenticity:

“No later falsifier writing under the Umayyads or ‘Abbasids would have included

non-Muslims in the ummah, would have retained the articles against Quraysh,

and would have given Muhammad so insignificant a place. Moreover the style is

archaic, and certain points, such as the use of “believers” instead of “Muslims” in

most articles, belong to the earlier Medinan period”.7

6 Sayyid al-Nās, M (1977): Uyūn al-athar fī funūn al-maghāzī wa-al-shamā’il wa-al-siyar (p. 141 –

142) under chapter الموادعۃ بين المسلمين و اليھود( )

7 Denny, F. M. (1977). ‘Ummah in the Constitution of Medina’. (p. 39) quoted from: Watt,

Muhammad at Medina, p. 225

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I see Watt’s evidence for the authority of the document to be quite cogent.

Because, as it is known within ḥadīth isnād, there were many mauḍū’ ḥadīth

(fabricated traditions of the Prophet) being created after the demise of the

Prophet. And the men that fabricated ḥadith did so for political reasons, hence

why would there be a need to interpolate into the texts just so that Jews could be

a part of the ummah.

However, Sergeant has also located verses in the Qur’ān which maybe referring

to the Madina document:

“{And remember the blessings which God has bestowed upon you: how, when

you were enemies, He brought your hearts together, so that through His blessing

you became brethren; and [how, when] you were on the brink of a fiery abyss, He

saved you from it. { that there might grow out of you a (umma) community [of

people] who invite unto all that is good, and enjoin the doing of what is right and

forbid the doing of what is wrong: and it is they, they who shall attain to a happy

state! (Qur’an 3:101-104).

The struggle and strife between them referred to in these verses are the tensions

and wars between the Aus and Khazraj, and those who allied with them, which

could include the Jews. The bringing together before falling into the ‘brink of fiery

abyss’ here could ultimately refer to the constitution.

Background to the kitāb (Constitution)

It is of significance to note the geo-politics that were taking place in Madīna at the

time. The tribes in Madina (specifically Aus and Khazraj) were surrounded by

sustained conflict and desired an end to the wars their forefathers had instigated.

However, once the Prophet, alongside his ṣaḥāba (companions / disciples), had

migrated to Madīna,8 and including Yathribī converts, the Muslims were no more

than a few hundred. Similarly Ḥamīdullāh believes the total population of Yathrib

8 Whilst the Muslims anxiously waited the Prophet’s arrival in Madīna it was a Jewish man who

noticed him first and shouted as the Muslims were returning home, "O you 'Arabs! Here is your

great man whom you have been waiting for!" (Ṣaḥīḥ al-Bukhārī: book No. 58, ḥadīth No. 245)

Accessed online [14.04.2011]:

http://www.searchtruth.com/book_display.php?book=58&translator=1&start=0&number=245

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at the time is estimated to be approximately ten thousand (10,000), of which the

Jewish community contributed nearly a half (50%) and according to Yildrim,

Christians formed from 1% to 4% of the total population of Yathrib.9 10

Hence, superficial

statistics of the

population of

Madīna was

approximately 4500

- 5000 Jews; 4000 –

4500 polytheists

(Arabs); 400 – 500

Muslims (Muhājirīn and Anṣār); and 100 – 400 Christians.

The most significant question as to why the Prophet was chosen to unite and

lead the citizens of Madīna as opposed to the leaders of majority tribes. For

instance a sizeable portion of the Yathribis had made preparations to enthrone

’Abdullāh ibn ’Ubaiyy ibn Salūl, and according to the narrations of ṣaḥīḥ al-

Bukhārī ‘a crown had already been produced for the occasion’.11 But why, at this

stage, did they give precedence to an ‘outsider’ despite him being from a minority

group.

To understand why the Prophet was chosen to lead this diverse community, it is

significant to explore the notion of ‘mediation’. Yetkin Yildirim, in his article ‘The

Medina Charter: A Historical Case of Conflict Resolution’, focuses on this aspect

within the Madina Charter. I believe some aspect of mediation or another plays a

role in most societies and cultures of the world. Yildirim contrasts the Western

and Islamic approaches to mediation, he believes, ‘the Western approach to

mediation frequently emphasizes the role of the individual through its

dependence on legal procedures and settlements that defend individual rights

and compensate individuals for their losses. On the other hand, the Islamic

9 ibid., (p. 12 – 13) 10 Yildrim, Y. (2009). ‘The Madina Charter: A Historical Case of Conflict Resolution’. (p. 447,

Note No. 4) 11 Hamīdullāh, M. (1994). The First Written Constitution in the World: An Important Document of

the Time of the Holy Prophet. (p. 14)

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approach, like other non-Western approaches, [I believe here specifically the

Jewish community, as they emphasise the society over the individual] tends to

emphasize the need to repair and maintain social relationships, framing conflict

as a communal matter rather than an individual event’.12 Here it is evident that

Yildirim points to the difference in Western and Islamic approaches to ‘mediation’,

the former focuses on the ‘individual’ whereas on the contrary the latter on

‘community’ – which could be felt throughout the Charter text, specifically through

the word ‘umma’.

However, also in the historical context of the constitution, ‘mediation’ was a

widespread phenomenon among the people and tribes of Arabia. Yildirim also

points towards the very notion from the Talmudic law, ‘Mediation was a common

practice among the Semitic peoples at the time of the Hijra. The Jews followed

the practises of p’sharah (arbitration) and bitzuah (mediation) in the Talmudic law

and it was also a common practice of Arabs to defer their conflicts to

foreigners’.13 It is for now evident the methodology used in ascertaining the

leader of Yathrib, but again why Muhammad ibn ’Abdullah (the Prophet) was to

be the arbitrator. I believe, alongside Ḥamīdullāh and Yildirim, that it was the

akhlāq (mannerism) of the Prophet that made him the most likely candidate for

the leadership of Madīna. I also believe two aspects of the Prophet’s life were

most likely the reasons: that even before and after Prophethood, the Prophet was

known as al-Amīn (the Trustworthy) and al-Ṣādiq (the Truthful). Secondly, he

was famous for playing crucial roles in conflict resolving and mediation: one such

incident is also recorded in ibn Ishaq, when the rebuilding of the Ka’ba took

place, and in its final stage – the placing of al-ḥajr al-aswad (the Black Stone) - all

the tribes within Makkah began to quarrel till swords were drawn and it was at

this stage that the Prophet being the first to enter through the doors of the ḥaram

(sanctuary) that he was called upon to resolve the conflict. He did so by placing

al-ḥajr al-aswad (the Black Stone) on a sheet of cloth and the leaders of all tribes

held the cloth and then it was put in its place on the corner of the ka’ba by the

12 Yildrim, Y. (2009). ‘The Madina Charter: A Historical Case of Conflict Resolution’. (p. 442) 13

ibid.

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Prophet himself.14 So I believe it was incidents like this which spread throughout

Arabia, and it was also due to his truthfulness and trustworthiness in business

that influenced Khadīja to propose to the Prophet. And finally when he migrated

to Yathrib – and later changed its name to al-Madīna – he gained initial trust by

consulting the leaders of all the tribes when setting out the constitution of

Madīna, in doing so he won over the hearts of the people by showing his capacity

to listen. Hence, came what we know today as the ‘constitution of Madina’ and

how the Prophet related to the Jews.

Understanding Umma and Jews in the text of the constitution

The most significant of articles concerning the Jews are 25, 26-31 and 45/a:

Article. 25: And verily the Jews of the Banū ’Auf shall be considered as a

community (ummah) along with the believers, for the Jews being their religion

and for the Muslims their religion {.15

Article. 26-31: And verily the Jews of the Banu’nNajjār; Banu’lḤārith; Banū

Sā’idah; Banū Jusham; Banu’l – Aws and the Banū Tha’labah shall [all] have

the same rights as the Jews of the Banū ’Auf [mentioned in article 25]{.16

Article, 45/a: If they [the Muslims] ask the Jews to make peace with any ally of

theirs, they shall make peace with them; and if they ask us for a similar thing, the

same shall be incumbent upon the Believers, except one who fights for the cause

of religion.17

It is clear from article 45/a that the Jews were not just merely another tribe in

Madina, but rather a political force: however, what stands most significant in the

text is the attribution of the term ummah to the Jews. This is a notion which

majority of the Muslims have not heard of. However, Denny argues that,

‘Serjeant believes that they [Jews] constituted a separate ummah alongside the

14 For complete incident refer to: Ibn Ishāq. Sirat Rasoul Allah: The Earliest Biography of

Muhammad (An Abridged Version). (p.17). Accessed online [12.04.2011]:

http://ia600404.us.archive.org/32/items/Sirat-lifeOfMuhammadBy-

ibnIshaq/SiratIbnIahaqInEnglish.pdf 15 Hamīdullāh, M. (1994). The First Written Constitution in the World: An Important Document of

the Time of the Holy Prophet. (p. 48) 16 ibid. (pp. 48-50) 17 ibid. (p. 53)

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Muslim ummah, and [article] no. 25 may be interpreted in that way. However

on the contrary Watt contends, ‘that the Jews are included in the ummah,

although he admits the other [referring to alongside the ummah notion]

possibility too. The dating of this article is an important concern: if the

Jews are allowed to practice their own religion within the one ummah, then

this ummah is no longer a religious community in the exclusive Muslim

sense’.18 Ahmad takes the position of Peters, ‘ Peters outlines the role of ummah

in text is more to do with the purpose of salvation, ‘{ the concept of the ummah

as a political confederation of tribes and clans, including non-Muslims, Jewish

ones, had inevitable to yield to Muhammad’s original understanding of a body

whose foundation may be ethnic but whose reason for being is shaped by the

divine purpose of salvation. The Jews were such an ummah, and in Medina they

were more than just a historical and literary illustration of a theological point: they

were a political reality’.19 However, I believe that this argument leads to a vast

subject of literacy and the historic context behind the meaning of ummah,

regardless of the three interpretations of ummah, all are positive and a way

forward in contemporary Jewish – Muslim relations.

The Prophet’s relations with the Jews of Madīna ‘subsequent’ or ‘prior’ to

the Constitution

There is much debate regarding the dating of the document, but from an analysis

of academic writing I believe the document was not all written in one place and

time. Rather articles were added as the need arose through community

relations and consultation. I am of firm conviction that the articles regarding the

Jews came later, subsequent to the decisive Battle of Badr and Aḥzāb (Battle of

the Trenches) and the reason for my conviction is logical, and I believe it to be of

utmost importance to date the articles regarding the Jews. My conviction comes

from the fact that Banū Nazīr and Banū Qurayza, the two Jewish tribes who had

allied with the polytheists of Makkah in the war, are not mentioned within the

18 Denny, F. M. (1977). ‘Ummah in the Constitution of Medina’. (p. 44) 19 Ahmad, B. (1979). Muhammad and the Jews: A Re-Examination. (p. 37)

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document, hence assuming that they had already migrated to Khaibar. Barakat

is also of this opinion.

Now, keeping in mind the dating and context of the document it would be

interesting to explore different books of ḥadīth and how the Prophet related to the

Jews and vice versa. I therefore believe it significant to illustrate some examples

from ṣaḥīḥ al-Bukhārī, a ḥadīth text, the authority of which is unshakeable within

mainstream Islam, and including the puritan theory.

Narrated Jabir bin 'Abdullah : A funeral procession passed in front of us and the

Prophet stood up and we too stood up. We said, 'O Allah's Apostle! This is the

funeral procession of a Jew." He said, "Whenever you see a funeral procession,

you should stand up”.20 In the following reminiscent ḥadīth of al-Bukhārī, the

Prophet adds, "Is it not a living being (soul)?".21

The Prophet clearly teaches his ṣaḥāba to view others as humans, and not

merely to oppose them on the basis of their faith and religious views. Due to this

notion I believe the Jews of Madina found the Prophet an approachable man.

This is also evident from the fact that Jews would frequent his gatherings and he

in return would visit them, which is also clear from the following tradition:

Narrated Anas: A young Jewish boy used to serve the Prophet and he became

sick. So the Prophet went to visit him. He sat near his head and asked him to

embrace Islam. The boy looked at his father, who was sitting there; the latter told

him to obey Abu-l-Qasim [the Prophet] and the boy embraced Islam. The Prophet

came out saying: "Praises be to Allah Who saved the boy from the Hell-fire”.22

Challenging contemporary notions of boycotting ‘Israeli products’ it is significant

to understand that the Prophet had financial dealings with the Jews of Madina,

20 Choosing āḥādīth from only the ṣaḥīḥ of al-Bukhārī is significant to be mentioned here, as in

traditional and majority, which includes the puritan and wahhābī ideology, this Canonical work of

ḥadīth is accepted as ‘the most accepted authoritative book under the skies after the Qur’an.

Ṣaḥīḥ al-Bukhārī, (Book 23, Hadith 398) . Accessed online [13.04.2011]:

http://www.searchtruth.com/book_display.php?book=23&translator=1&start=64&number=392 21 Ibid., (Book 23, Hadith 399). Accessed online [13.04.2011]:


http://www.searchtruth.com/book_display.php?book=23&translator=1&start=109&number=437

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Narrated 'Aisha: The Prophet purchased food grains from a Jew on credit and

mortgaged his iron armour to him.23

Despite there being no contemporary interfaith dialogue, there was something

similar – a neutral exchange of scriptural understanding:

Narrated Abu Huraira: The people of the Scripture (Jews) used to recite the

Torah in Hebrew and they used to explain it in Arabic to the Muslims. On that

Allah's Apostle said, "Do not believe the people of the Scripture or disbelieve

them, but say:-- "We believe in Allah and what is revealed to us”.24

From this ḥadīth it is unambiguous that there was a respectful and tolerant inter-

faith scriptural dialogue taking place 1400 years ago in Madina between the Jews

and Muslims. Also the Prophet’s statement, "Do not believe the people of the

Scripture or disbelieve them, but say:-- "We believe in Allah and what is revealed

to us” is a well suited model for a plural society co-exiting peacefully. This ḥadīth

of the Prophet also brings to mind Muhammad Iqbal’s thought, and strengthens

his idea regarding the Prophet and his prophethood. For Iqbal believed,

‘The Prophet of Islam seems to stand between the ancient and the modern world.

In so far as the source of his revelation is concerned he belongs to the ancient

world; in so far as the spirit of his revelation is concerned he belongs to the

modern world’.25

Again, I believe as far as relations between the Jews and Muslims are concerned

have always been peaceful, but always fragmented through political strife. As

again the world witnesses and begs for change.

The utmost reason for my examination of this document was to bring to the

forefront; that an atomistic approach to verses and ḥadīth in isolation is one

which invites difference. Hence, the purpose was to feel the historical context in

which the document was composed and treat it as an axis to see other verses

related to ‘People of the Scripture’. I therefore initiated by illustrating the

authenticity of the document, a method which at the forefront in Islamic traditional

methodology and then examined the political historical context to the document. 23 Ibid., (Book 34, Hadith 282). Accessed online [14.04.2011]:


http://www.searchtruth.com/book_display.php?book=60&translator=1&start=10&number=10 25 Iqbal, M. (2008). The Reconstruction of Religious Thought in Islam. (p. 126)

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I then portrayed some of the academic debate around the word ‘ummah’ in the

document and also the place of Jews in the polity of Madina. I concluded by

bringing some aḥādīth forward, that have usually been disclosed by puritans

despite being part of the most authentic collection of ḥadīth to date. I lastly

looked at a ḥadīṭh which illustrated some form of pluralism in inter-faith dialogue

and scriptural reasoning 1400 years ago.

13

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Ahmad, B. (1979). Muhammad and the Jews: A Re-Examination. Vikas

Publishing House PVT LTD: New Dehli

Ahmad, K. (2000). A Short note on the Medina Charter.


http://kassimahmad.blogspot.com/2007/03/short-note-on-medina-charter-by-

kassim.html

Al-Ahmar, F. (2010). The Prophet Muhammad and Constitution of Medina in

comparison with the British Magna Carta.


http://www.masjidma.com/2010/12/04/between-constitution-of-medina-british-

magna-carta/

Denny, F. M. (1977). ‘Ummah in the Constitution of Medina’. Journal of Near

Eastern Studies, Vol. 36, No. 1 (Jan., 1977), pp. 39-47.

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Texts of Ibn Ishaq’s Kitab Sirat Rasul Allah with al-Waqidi’s Kitab al-Maghazi’.

International Journal of Middle East Studies, Vol. 28, No. 4 (Nov., 1996) pp. 463-

489.

Hamīdullāh, M. (1994). The First Written Constitution in the World: An Important

Document of the Time of the Holy Prophet. 3rd Revised ed. 1975. Sh.

Muhammad Ashraf Pulishers: Lahore, Pakistan

Ibn Ishāq (no date). Sirat Rasoul Allah: The Earliest Biography of Muhammad

(An Abridged Online Version).

14


http://ia600404.us.archive.org/32/items/Sirat-lifeOfMuhammadBy-

ibnIshaq/SiratIbnIahaqInEnglish.pdf

Iqbal, M. (2008). The Reconstruction of Religious Thought in Islam. 10th ed.

Kitab Bhavan: New Delhi, India.

Lecker, M. (1995). Wāqidī’s Account on the Status of the Jews of Medina: A

Study of a Combined Report. Journal of Near Eastern Studies, Vol. 54, No. 1

(Jan., 1995), pp.15-32

Qadrī, M. T. (No date). Selected Articles from the Constitution of Islamic State of

Madina: The First Written Constitution of Human History.

Accessed online [05.04.2011] in PDF:

http://www.theiceproject.sdsa.net/uploaded/files/Constitution.pdf

Sayyid al-Nās, M (1977): Uyūn al-athar fī funūn al-maghāzī wa-al-shamā’il wa-al-

siyar ( ثـر في فـنـون الـمـغـازي و الـشـمـائـل و الـسـيـرعـيـون ا? ). Dār al-Āfāq al-‘Arabīyah: Beirut, Lebanon

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http://www.al-mostafa.com/

Serjeant, R. B. (1978). ‘The “Sunnah Jāmi’ah, “Pacts with the Yathrib Jews, and

the “Taḥrīm” of Yathrib: Analysis and Translation of the Documents Comprised in

the So-Called ‘Constitution of Medina’. Bulletin of the School of Oriental and

African Studies, University of London, Vol. 41, No. 1 (1978), pp. 1-42.

White, S. W. (2009-2010). ‘Medina Charter and Pluralism’. Fountain Magazine,

issue 76, July – August 2010


http://www.fountainmagazine.com/article.php?ARTICLEID=1151

Yildirim, Y. (2009). ‘The Madina Charter: A Historical Case of Conflict

Resolution’. Islam and Christian-Muslim Relations, Vol. 20, No.4, pp. 439-450,

October 2009.

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Full Text of the Madina Charter. Khilafa al-‘Alam al-Islami


http://www.constitution.org/cons/medina/macharter.htm

The Constitution of Madina

Documents

Transcript of The Constitution of Madina