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Mithaq-e-Medina / Medina Accord: First Written Constitution of World / A Social Contract


 Introduction

The Constitution of Medina (Dustur al-Madinah), also known as the Charter of Medina (Mithaq al-Madinah "Madina Accord") is a seminal social and political document of Islam. Mithaq-e-Meina refers to two agreements concluded between the clans of Madina and the Prophet Muhammad (PBUH) soon after his migration to Medina in 622.. The agreement that Mae Quraysh of Makkah with Ansar of Medina into Muslim Brotherhood is called Mawakhat. The brotherhood created strong bond among the Makkan and Medinan Muslims paving way for their commanding negotiation with different Jewish tribes living in Medina. The second agreement regulated the relations of the Muslims with the Jews of Medina. The constitution also established Prophet Muhammad (PBUH) as the chieftain of mediating authority between groups and forbids the waging of war without his authorization. The constitution formed the basis of a multi-religious Islamic state in Medina. The Medina Charter, arguably the first charter ever written, shows that Islam rejects the use of compulsion in religion and violence and that over centuries of human existence, the most effective way to resolve conflicts comes through mediation. The Medina Charter is an example that should be discussed and referred to in current conflicts.


Medina Accords: First Written Constitution of World

The Medina Charter, written and promulgated by Prophet Muhammad for the multi religious ten thousand-strong citizens of the city-state of Medina in 622 is truly a remarkable political-constitutional document.


Critical Analysis

The Charter consists of 47 clauses .The formation of an ummah through respect and acceptance resulting in pluralism shows that the Prophet (PBUH) combated jahiliyyah, or ignorance - the state of mind causing violence and terror.


1. Peace-oriented Diplomacy: 

Mithaq-e-Medina instituted peaceful methods of dispute resolution among diverse groups living as one people but without assimilating into one religion, language or culture.


2. Social Contract: 

It is noteworthy that the Charter ordained social equality to its members and protected them against oppression. (Clause 16)

The State proclaimed the brotherhood of believers and gave each one a right and support to give protection to any individual, excepting an enemy. (Clause 15). 

It also extended help to its members in debt or in financial difficulties in regard to payment of ransom or blood-money. (Clause 12). 

It prohibited help or refuge to be given to a murderer (Clause 22).


3. Political Gains:

a. Clauses 1, 2 and 39 state the formation of a sovereign nation-state with a common citizenship, consisting of various communities, principally_Muslim Arabs from Makkah (the Muhajirin / Immigrants), Muslim Arabs from Yathrib (the Ansar / Helpers), other monotheists form Yathrib (i.e. the Jews) and others who must be at that time still pagans. These constitute a unified citizenry (ummah), having equal rights and responsibilities, as distinct from other peoples.


b. The Charter provided a federal structure with a centralized authority, with the various tribes in various districts constituting a unit and enjoying autonomy in certain matters of a social, cultural and religious character. Provision for this district autonomy is repeated for each district. (Clauses 3 through to 11 and 26 through to 35). In fact, many matters were left in the hands of the autonomous units, except state security and national defense. (Clauses 17, 36 (a) and 47) Provisions for these centralized subjects are made in Clauses 13, 15, 17 and 44. Only in cases of disputes the units could not resolve, recourse for their decisions had to be made to the Prophet, whose decision was final (Clauses 23 and, 41). There were twenty districts each with a chief (naqib) and deputy chiefs ('arif) and its meeting place (saqifah). The city at this time had a population of about ten thousand. Of these, the Muslims made up only a few hundred; half of it were monotheist Jews, the rest being polytheists.


4.Religious Pluralism:

The Medina Charter reflects pluralism both in content and in history of the document. "the contracting parties, although they did not embrace Islam, did recognize the Prophet's authority. accepting him as the community leader and abiding by his political judgments"

A very important human right is given in Clause 25 where freedom was guaranteed for each community to practice its own religion. The implication of this clause is that each individual was also free to choose his or her religion.

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