The First Written Constitution In Human History

An abstract from a book “Constitutional Analysis of the constitution of Madina” written by Dr. Muhammad Tahir-ul-Qadri

Article 1

Constitutional Document This is a constitutional document given by Muhammad (SAW), the prophet, (Messenger of God).

Article 2

Constitutional Subject of the State (This shall be a pact) between the Muslims of Quraysh, the people of Yasthrib ( the Citizens of Madina) and those who shall follow them and become attached to them (politically) and fight along with them. ( All these communities shall be the constitutional subject of the state.)

Article 3

Formation of the Constitutional Nationality The aforementioned communities shall formulate a Constitutional Unity as distinct from (other) people.

Article 4

Validation and Enforcement of the former tribal laws of blood money for the emigrant Quraysh The emigrants from Quraysh shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principals of law and justice.

Article 5

Validation of the former laws of blood money for Banu Auf And the emigrants from Banu Auf shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release the release of their prisoners by paying the ransom. Moreover , the deal among the believers shall be in accordance with the recognized principles of law and justice

Article 6

Validation of the former laws of blood money for Banu Harith And the emigrants for Banu Harith shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.

Article 7

Validation of the former laws of blood money for Banu Saida And the emigrants for Banu Saida shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.

Article 8

Validation of the former laws of blood money for Banu Jusham And the emigrants for Banu Jusham shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.

Article 9

Validation of the former laws of blood money for Banu Najjar And the emigrants for Banu Najjar shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.

Article 10

Validation of the former laws of blood money for Banu Amr And the emigrants for Banu Amr shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.

Article 11

Validation of the former laws of blood money for Banu Nabeet And the emigrants for Banu Nabeet shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.

Article 12

Validation of the former laws of blood money for Banu Aws And the emigrants for Banu Aws shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice.

Article 13

Indisriminate rule of law and justice for all the communities. And every group shall secure the release of its captives ensuring that an indiscriminate rule of law and justice is applied among the believers.

Article 14

Prohibition of relaxation in execution of law The believers shall not leave a debtor among them, but shall help him in paying his ransom, according to what shall be considered fair.

Article 15

Prohibition of Unjust favoritism A believer shall not form an alliance with the associate of (another) believer without the (latter’s) consent.

Article 16

Collective resistance against injustice, tyranny and mischief There shall be collective resistance by the believers against any individual who rises in rebellion, attempts to acquire anything by force, violates any pledge or attempt to spread mischief amongst the believers. Such collective resistance against the perpetrator shall occur even if he is the son of anyone of them.

Article 17

Prohibition of killing of a Muslim by a Muslim A believer shall not kill (another) believer (in retaliation) for an unbeliever, nor help an unbeliever against a believer.

Article 18

Guarantee of equal right of life protection for all the Muslims The security of God (granted under this constitution) is one. This protection can be granted even by the humblest of the believers ( that would be equally binding for all).

Article 19

Distinctive identity of the Muslims against other constitutional communities. The believers shall be the associates of one another against all other people (of the world).

Article 20

Non-Muslim minorities (Jews) have the same right of life protection (like Muslims) A Jew, who obeys us( the state) shall enjoys the same right of life protection( as the believers do), so long as they (the believers) are not wronged by him. (the Jews), and he does not help (others) against them.

Article 21

Guarantee of peace and security for all the Muslims bases on equality and justice. And verily the peace granted by the believers shall be one. If there is any war in the way of Allah, no believers shall make any treaty of peace( with the enemy) apart from other believers, unless that is based on equality and fairness among all.

Article 22

Law of relief for war allies Every war ally of ours shall receive relief turns ( at riding) at all military duties.

Article 23

Law of vengeance for the Muslims in case bloodshed in the way of Allah The believers shall execute vengeance for one another for the bloodshed in the way of Allah.

Article 24

Islam is the best code of life All the God-fearing believers are under the best and most correct guidance of Islam.

Article 25

Prohibition of providing security of life and property to the enemy No idolater ( or any non-believer among the clans of Madina) shall give protection for property and life to ( any of the ) Quraysh ( because of their being hostile to the state of Madina) n or shall intervene on his behalf against any believer.

Article 26

Execution of the law of retaliation for a Muslim murder. When anyone intentionally kills a believer, the evidence being clear he shall be killed in retaliation, unless the heirs of the victim are satisfied with the blood money. All the believers shall solidly stand against the murder and nothing will be lawful for them except opposing his.

Article 27

No protection or concession for the doer of mischief and subversion against the constitution. A believer who believes in God and in the Hereafter and agrees to the contents of this document shall not provide any protection or concession to those who engage in mischief and subversion against this constitution. Those who do so shall face the curse and wrath of God on the Day of Resurrection. Furthermore, nothing shall be accepted from them as a compensation or restitution ( in the life hereafter).

Article 28

The final and absolute authority in the disputes vests in almighty Allah and Hazrat Muhammad (SAW). When anyone among you differs about anything, the dispute shall be referred to Almighty Allah and to the Prophet Muhammad (SAW) (as all final and absolute authority is vested in them).

Article 29

Proportionate liability of non-Muslim citizens (the Jews) in bearing the war expenses. The Jews (non-Muslim minorities) will be subjected to a proportionate liability of the war expenses along with the believers so long as they (the Jews) continue to fight in conjunction with them.

Article 30

Guarantee of freedom of religion for both the Muslims and non-Muslim minorities ( the Jews) The Jews of Banu Awf (non-Muslims minorities) shall be considered a community along with the believers. They shall be guaranteed the right of religious freedom along with the Muslims. The right shall be conferred on their associates as well as themselves except those who are guilty of oppression or the violators of treaties. They will bring evil only on themselves and their family.

Article 31

Equality of rights for the Jews of Banu Najjar with the Jews of Banu Awf The Jews of Banu Najjar shall enjoy the same rights as granted to the Jews of Banu Awf.

Article 32

Equality of rights for the Jews of Banu Harith with the Jews of Banu Awf The Jews of Banu Harith shall enjoy the same rights as granted to the Jews of Banu Awf.

Article 33

Equality of rights for the Jews of Banu Sa'ida with the Jews of Banu Awf The Jews of Banu Sa'ida shall enjoy the same rights as granted to the Jews of Banu Awf.

Article 34

Equality of rights for the Jews of Banu Jusham with the Jews of Banu Awf The Jews of Banu Jusham shall enjoy the same rights as granted to the Jews of Banu Awf.

Article 35

Equality of rights for the Jews of Banu Aws with the Jews of Banu Awf The Jews of Banu Aws shall enjoy the same rights as granted to the Jews of Banu Awf.

Article 36

Equality of rights for the Jews of Banu Tha'laba with the Jews of Banu Awf The Jews of Banu Tha'laba shall enjoy the same rights as granted to the Jews of Banu Awf except who are guilty of oppression or violate treaties, they will bring evil only on themselves and their family.

Article 37

Equality of rights for Jafna, the branch of Banu Tha'laba, with the Jews of Banu Awf Jafna, a branch of Banu Thalaba, shall enjoy the same rights as granted to Banu Tha'laba.

Article 38

Equality of rights for the Jews of Banu Shutayba with the Jews of Banu Awf The Jews of Banu Shutayba shall enjoy the same rights as granted to the Jews of Banu Awf. There shall be complete compliance ( with this constitution) and no violation (of its clauses)

Article 39

Equality of rights for all the associates of the tribe Tha'aba All the associates of Banu Tha'laba shall enjoy the same rights as granted to Banu Thalaba.

Article 40

Equality of rights for all branches of the Jews All sub-branches of the Jews shall enjoy the same rights as granted to them (the Jews).

Article 41

Final command and authority in military expeditions vests in the prophet Muhammad (SAW) Verily, none among the allies shall advance (on a military expedition) without the prior permission of the Prophet Muhammad (SAW) (in whom vests the final command and authority).

Article 42

No exception from the law of retaliation There shall be no impediment on anyone who wished to avenge a wound.

Article 43

Responsibility of Unlawful Killing Whoever commits an unlawful killing shall be responsible for it self with his family members but he is exempted in case he kills a cruel. Verily, Allah (is the Trust Helper) support those who adhere completely to this constitution.

Article 44

Separate liability of war expenses The Jews and the Muslims shall bear their own war expenses separately.

Article 45

Compulsory mutual help to one another in case of war. There shall be mutual help between one another against those engage in war with the allies of this document.

Article 46

Mutual consultation and honorable dealing There shall be mutual consultation and honorable dealing between the allies and there shall be the fulfillment not the violation, of all pledges.

Article 47

Law of prohibition of treachery and help of the oppressed No one shall violate the pledge due to his ally and verily, help shall be given to the oppressed.

Article 48

The Jews (non-Muslim minorities) shall also extend financial support the state during the war period. The Jews (non-Muslims minorities) along with the believers shall extend financial to the state during the war period.

Article 49

Prohibition of Fighting and bloodshed among the various communications of the state. The valley of Yathrib is sacred and there shall be prohibition of fighting and bloodshed among the various communities of the state.

Article 50

Equal right of life protection shall be granted to everyone , who has been given the constitutional shelter. A person given constitutional shelter shall be granted an equal right of life protection as long as he commits no harm and does not act treacherously.

Article 51

Law of shelter for the women A woman shall not be given any shelter without the consent of her family.

Article 52

Authority of Allah and the prophet Muhammad (SAW) shall be final and absolute authority in all disputes integrating any quarrel. And verily if any dispute arises among the parties to this document from which any quarrel may be feared, it shall be referred to God and to Muhammad (SAW), the Messenger of God , for the final and absolute decision. Verily, God is the Guarantee for the faithful observance of the contents of this constitution (which shall be enforced by the state).

Article 53

No refuge for the enemies of the state nor for their allies. There shall be no refuge for the Quraysh ( the enemies of the state) nor for their allies.

Article 54

Joint responsibility of defense in case of an attack on the state. The Muslims and the Jews shall be jointly responsible to defend ( the state of) Madina against any outside attack.

Article 55

Incumbency of observance of the treaty of peace for every ally. It shall be incumbent upon the Jews to observe and adhere to any peace treaty they are invited to participate in . Likewise, it shall also be incumbent upon the Muslims to observe and adhere to any peace treaty, they are invited to.

Article 56

No treaty shall suspend or negate the responsibility of the protection of Deen. (Likewise, it shall be incumbent upon the Muslims also to observe and adhere to any peace treaty that they are invited to), but no treaty will restrain them from fighting for the protection of their Deen.

Article 57

Every party to treaty shall be responsible for the defense of its facing direction. Every party to the treaty shall be responsible for the measured and arrangements of the defense of its facing direction.

Article 58

The basic constituent member of this document and their associates shall process the equal constitutional status. The Jews of Aws (one of the basic constituent members of this document) and their allies shall posses the same constitutional status as the other parties to this document, with a condition that they should thoroughly sincere and honest in their dealing with the parties.

Article 59

No party shall have any right of violation of the constitution. No party shall have the right to violate the constitution. every person who is guilty of a crime shall be held responsible for his act alone.

Article 60

Favor of Almighty Allah will be subject to the observance of the constitution. Verily, God is the Guarantee for the faithful observance of the contents of this constitution ( which shall be enforced by the state).

Article 61

No traitor or oppressor shall have the right of protection under this document. Verily, this constitutional document shall not protect any traitor or oppressor.

Article 62

All peaceful citizens would be in a save and secure protection. Verily, whoever goes out ( on a military expedition) shall be provided with security and whoever stay in Madina shall have (likewise), except those who commit oppression and violate the contents of this constitution.

Article 63

Allah and his Prophet Muhammad (SAW) are the protectors of the peaceful citizens of Madina who abide by the constitution. Verily, Allah and the Prophet Muhammad (SAW) , the Messenger of God, are the protectors of good citizens and of those who fear from Allah.