A Study of Constitution of Madina

by:
Prof. Dr. Muhammad Zia-Ul-Haq
Chairman Department of Shariah
 First Written Constitution of the
World
• Many writing of ancient nations have reached to us. The writing
also includes rules of government and Administrative. Quran has
also identified several old books. But these ancient writings can
not be called a constitution.
• Although Manu Smirti mentions the duties of a king.
• Artha Sastra by Kautilya and the books of Aristotle were also
written in the same period.
• The constitution of Athens has come down to us. It was discovered
on papyrus and was latter on published. It has also been
translated into English and other languages.
All these writing are in the nature of text books or advices to kings
or princes or historical account of the constitutions of certain
places. Non of the enjoy the dignity of an authoritative
constitution of a stat issued by the sovereign of the country.
Constitution of Medina is the first of its kind in the world.
•

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 Introduction of Constitution of
Madina
• In first year of Hijra (that is first year of the Holy
Prophet migration to Madinah, he had a deed
drafting in which there was a detailed discussion
of prerogatives and obligations of the rulers as
well as of other immediate requirements
(including a sort of social insurance for the needy)
Fortunately, the whole of this document, word for
word, has been reproduced by Ibn Ishaq and Abu
Ubaid in their respective books.

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 Articles of the constitution of
Madina
• This document contains fifty two sentences
or though use legal terminology sections
and is an invaluable example of legal
language and the manner of document
writing of the time.

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 Importance of the Constitution of
Madina
• The importance of it has been felt by the European
Christian’s even more than by the Muslim
historians. Besides wheelhouse, Mueller Grime,
Springer Winsock Certain Buhl and others a
German historian, in the course of a short history a
of the world has felt it necessary to mention it in
considerable detail. It is unnecessary to discuss
here the remarks of these German, Dutch, Italian
English, and other writher. It is sufficient to
mention that how they give importance to this
document.

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 Historical Background of
Constitution of Madina
• When the holy Prophet started his preaching and
reformative work in the Holy city of Mecca, and
proposed a change in the beliefs and practices existing
for generations, he first surprised his countrymen then
he was hated and in the end he encountered their
opposition and hostility. That from the very first day his
mission was universal in its nature and the possibility of
its spreading immediately and with ease over the whole
of the known world, particularly the Iranian and the
roman (Byzantine) empires. Was clearly discernible.
For the Holy Prophet, in the course of his preaching you
to predict to the people with material interests, the
conquests of these empires. But inasmuch as he was a
younger member of a comparatively poorer and weaker
clan, it was difficult for him to be accepted as a leader.
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 Historical Background of
Constitution of Madina
• The prophet had, no doubt, family connections
both in Ta,if and Medina. It was expectations on
this score that took him first to Taif the nearer of
the two places. But the difficulties that greeted
him there were greater than those in his native
city. At last, after years of persistent efforts during
the Hajj seasons, he could secure the adherence of
a few people who belonged to no other place than
Madinah. They it was who promised to help and
give shelter to him and his Mecca companions in
the event of their migration to Medina.

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 Migration to Madina
• The state of affairs in Mecca had become unbearable.
A part form general hostility physical persecutions
threatened the lives of many among the believers. To
this reason the Muslims of Mecca began to leave their
native city for Medina the meccans (non Muslims)
became afraid lest these figurative might make
preparations for retaliation form outside. Accordingly
it was decided to lay siege to the house of the Prophet
and murder him there by night. But providence willed
tit other wise. The prophet managed quietly to leave
Mecca, and reached Medina safely.

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 Reaction of Maccans on Migration
• In their rage the Mecaans forcible took
possession of the property and belongings of
the prophet and of other Muslim emigrants.
The Mecca enjoyed at that time the status of an
organized city state where there were some
twenty five public offices concerning different
departments such as the Army, the revenue
that Temple, the Foreign Affairs the
administration of justice and the like.

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 Circumstances at Madina
• Total population of Madinah about this time is
estimated at between five to ten thousand, to
which Jews contributed nearly a half. As
contrasted with this Madinah was s almost in a
state of anarchy where tribalism prevailed. So if
the Arab section of the population was divided
into twelve tribes of Aws and Khazraj, the Jews
were divided into the ten tribes of Banu Oainuqa
Banu’n Nadir and Banu Quraizah. And lived as
clients of as many Arab tribes of the locality.

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 Circumstances at Madina
• Enmity raged among them, since generations. Some of
the Arabs having entered into alliance with some of the
Jews has been on terms of hostility with other Arabs,
who in third turn were similarly allied to some other
Jews. these continuous wars had tired both the parties
out. And although there were some who were anxious
to secure military help form out side tribes much as the
Qurasih of Mecca the peace loving parties were gaining
preponderance in the city, and a considerable large
section of the people of medina and begun to make
preparations to install Abdullah Ibn Ubaiy ibn Saul as
king . so much to that according to Bukharity,. Ibn
Hisham and others a crown was already under
manufacture to be worn on the occasions of
enthronement.
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 Circumstances at Madina
• Holy Prophet had appointed at the time of the pact of
Aqabah twelve tribes, one in each, called Naqib, and
one Naqib of the Naqibs also; and thus tried to create a
centralization of power but apart form this every tribe
had its independent sovereignty and decided its own
affairs in its own Saqifah or shed and there was no
central municipal organization in the city. Through the
efforts of trained preachers a considerable number of
people in the city had accepted Islam in the domestic
affairs there and had not attained any political status
persons belonging to different religions used to live in
the some house.

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 Circumstances at Madina
• It was in these circumstances that the
Prophet came to Madinah where the
following problems demanded urgent
solution:
• Compensation for the loss of life and
property suffered by the refugees at the
hands of the Quraish of Mecca.

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 Misaq e Madina
• In view of these aims and objects the Holy Prophet a
few moths after this arrival in madinah had a deed
drawn up which has been ;;referred to as a kitab and
sahifah in the deed itself and which obviously was
written after consultation with the people concerned. It
should be borne in mind that the general laws of the
country meaning the chapters of the Qur’an were
promptly reduced to writing according as they were
promulgated (or revealed) ; but as far as his own
utterances or instructions were concerned the modes
and caution prophet had issued a general prohibitory
order against their been written down (at least in the
beginning ) that the document under discussion was
written down in spite of this order is significant; a
document which ahs been referred to as kitab and
sahifah meaning a code of action or a chart of duties.
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 Misaq e Madina
• In fact it amounted to a declaration of the city of
madinah as a city state for the first time and ties the
laying down of a code for its administering. Hobbes
Rousseau and other political scientists have considered
social contract between the rulers and the ruled and the
beginning of a state A patent and factual example of
this is to be found on the bai’ah (contract or pact) of
Aqabah, in which the people of madinah accepted the
prophet as their leader invited him to come to their
country and agreed to obey his orders in weal and woe.
This is the reason why the document under discussion
was not of the type of a contract, but was issued as a
prescription and a proclamation.

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 Misaq e Madina
• Everyone knows that the work Kitab means a
prescription and a command. For instance in the
Quranic passage : Verily the prayer service I s a timed
ordinance (kitab) for the believers,, or most surely it has
been prescribe ed ( kitab for the wicked that they shall
be in the hell person most surely it has been prescribed
(kitab) for the virtuous that they shall be in the high a
placed paradises or fighting was prescribed *( Kutba)
on themn the worked Kitab has been used in this
particular sense in all these citations the German work
vaorchrift the word prescription in French and English.
The world Precisions in Italian and Prescription in
Spanish, even as predpisaiya in Russian all mean
command or ordinance and have their root maiming in
writing.
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 Misaq e Madina
• The holy prophet how was a lover of order and unity
sought the remedy for the centrifugal conditions ethic
prevailed in Arabia in general and in medina in
particular, in the motto one ruler and one law the
centripetal commands of zakat and had which latter
gave the opportunity for the people to be brought under
a common control through powers given to the central
government to levy and collect taxes form all and
thorough pilgrimage to a common kiblah had not yet
been received still, institutions such as faith in one God
obedience to the commands of the same _Prophet and
the observance of the congregational prayers which so
vitally effected their beliefs and actions had been in
existence.

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 Misaq e Madina
• Now this new constitution of a city state
brought weigh it the very important hand to
Arabia at least very rev9olutionay change and
improvement by –providing the people with a
central public intuition for seeking justice in
place of everyone seeking it with the power of
his own hand or at best that of his family. This
epoch making innovation has been recorded in
that very document which brought an end for all
times to the chaos of tribalism and which laid the
basis for a wider institution viz a state.

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• In this document, the Holy Prophet secured the highest
judicial legislative and exec ve powered for him but a
very important and remark able difference between this
authorities of other countries was that materialism had
no part to play here. The Holy Prophet introduced
moral elements in politic. He regarded God as the
source of authority and considered himself as his
messenger and agent and alongside with this he
declared the commands and injunctions ordained for
the people as equally applicable to his own self and in
view of very many cases of civil and tort nature
brought against this holy person in his own life time we
can say that Islam rejects the theory powerful man tin
the state could not violate with impunity the laws at
will, other official and the people in general naturally
observed them with greater care and scruple.
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