Our topic of discussion today is the third project to establish an Islamic state in Medina, which is the Medina Charter. We have previously stated that the city of Medina was home to people of different religions. There were three types of people in Medina: Muslims, Jews, and polytheists. The Muslims of Medina are called Ansar and the Muslims who came from Mecca are called Muhajirs. Most of the Muhajirs were Quraysh, but Quraysh did not refer to a single tribe, but rather was made up of many tribes. Again, the Ansar said that there were two groups among them, the people of the Hajjaj and Aws tribes, who were mentioned earlier. There were many sub-tribes within these two tribes. The Jews, on the other hand, were of three tribes. And the polytheists were originally the tribe of Awj. Since most of the people of the Awj tribe converted to Islam, they were called the Awj Ansar. However, there were some among them who did not accept Islam. So we can see that Medina was inhabited by people of many tribes and multiple religions. In this type of social system, among the tribes.
The emergence of such a social system among the Arabs is a surprising fact because the Arabs were divided into tribes. Their tribal identity took precedence over religious identity.
Their tribal identity took precedence over religious identity. Everyone obeyed the leader of the tribe. In case of any dispute, everyone obeyed the leader’s decision. Sometimes there was war with each tribe, and sometimes there was friendship. There would be no one with morals there. Fighting between the tribes had been going on for a long time. So, to solve all these problems, the Prophet (peace and blessings of Allaah be upon him) made a law. So that Medina can be governed as a stable state. He discussed in this charter what the relationship between the tribes would be, how any trouble would be resolved, and whether they would receive protection from the state.
Islam came as a religion for all people, but not all people will accept Islam and Allah has not made it obligatory for them to accept Islam. But there are guidelines on how Muslims should treat those who do not accept Islam. That is, Islam, in addition to giving various commands to Muslims, also gives instructions on how to behave with non-Muslims.
Until now, no legal norms have been formulated regarding the treatment of Muslims with non-Muslims. The reason is that in Mecca, the non-Muslims were strong and the Muslims were very weak. The activities of Muslims with non-Muslims were mainly associated with the activities of calling to Islam.
But Muslims are in power in Medina. Therefore, it was necessary to formulate policies on what steps to take if an external enemy attacks, what the legal system will be, etc. And for this reason, the Prophet (peace be upon him) wrote a law in Medina guiding the relationship between the polytheist, Muslims and the Jews.
We can call this structure a contract or a constitution. We can call this structure a contract or a constitution. The Medina Charter had many clauses, many of which were repeated. For the sake of discussion, we will skip this repetition in this episode and discuss the main points of the charter.
This agreement began with Bismillahir Rahmaniir Rahim. First of all, this agreement was written on behalf of the Prophet Muhammad (peace be upon him). Secondly: They are all one Ummah and are different from others. Thirdly, the Mujahideen of Quraysh returned to their previous position. They will exact blood as before. And will pay the ransom for their captives. And he will do so according to the principles accepted among believers.
The fourth Banu Aws will remain in their previous position. They will exact their own blood and ransom their captives as before. And will do so according to the principles accepted among the believers. This same clause will apply to other tribes.
Fifth, true Muslims will protest against those who oppose them. Even if they are their children.
Sixth, a believer shall not kill another believer in exchange for an infidel. And do not help an infidel against a believer.
Seventh: No believer will shelter an infidel. Eighth, no believer can shelter a criminal who has embraced Islam.
Eighth, no believer can shelter a criminal who has embraced Islam. The tenth is the religion of the Jews for the Jews and the religion of the Muslims for the Muslims.
Eleventh: The Jews will not go out to war without the permission of Muhammad (peace be upon him). Twelve Jews will bear their own expenses and Muslims will bear their own expenses. But if someone is attacked by an outsider, they will help each other. And will not betray. Point number 13: Medina will be considered a holy place.
Point 14: If any penalty is imposed in this Charter, the decision of Allah and His Messenger shall be final.
Point number 15: No Quraysh can be given security. Even the person who helps Kroesh cannot go to security.
Point number 16: If an external enemy attacks, all tribes will resist together. These were roughly the main thrust of the Medina Charter.
Now we will discuss the ethics and credibility of this charter.
First, the concept of religion and citizenship. The first issue that is specifically discussed in this charter is the consensus of faith. This charter established a religiously based social system and abolished the caste-based social system. The thing that unites everyone here is religious faith.
The concept of one Ummah is mentioned by Allah in various verses of the Quran.
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We see from this verse that the reason for the unity of the Muslim Ummah is Tawhid. In another verse, Allah says that Muslims are one nation and the best nation.
And thus we have made you a just community that you will be witnesses over the people and the Messenger will be a witness over you. And We did not make the qiblah which you used to face except that We might make evident who would follow the Messenger from who would turn back on his heels. And indeed, it is difficult except for those whom Allah has guided. And never would Allah have caused you to lose your faith. Indeed Allah is, to the people, Kind and Merciful.
(Quran 2:143)
One clause of the treaty states that believers are partners of one another. The Prophet (peace and blessings of Allah be upon him) gave many instructions to maintain the identity of Muslims. The People of the Book had some similarities with the Muslims. However, the Prophet (peace be upon him) instructed Muslims to keep themselves separate from others.
At one point in the Medina Charter, it is stated that the Jews are one Ummah. They will receive help from the state and, if in danger, they will also be able to receive help from Muslims. However, the condition was that they would remain loyal to the Islamic state. And will not help any group against Muslims.
Other articles of this charter state that the decision of Allah and His Messenger shall be final in any matter. The Sanad clearly states that if there is any disagreement, it will be presented before Allah and the Messenger (peace and blessings of Allah be upon him). That is, the state will be Sharia compliant and the Prophet Muhammad (peace be upon him) will be the main advisor.
That is, every matter in life will be governed by Sharia.
(Quran 4:105)
That is, just as Islam has laws for observing religious rules, it also has laws for worldly life. At the same time, it is very important to follow Sharia to establish the “Din” of Allah.
If there is a problem between Muslims and Jews, it will be resolved according to the decision of the Prophet (peace be upon him).
But the Jews were given this freedom, if they wanted, they could solve it according to their scriptures.
If they want, they can go to the Prophet (peace be upon him) for a solution to their problems. The Prophet (peace and blessings of Allaah be upon him) had the right to resolve their problems or refer their case to their courts if he wished.
In this regard, Allah Almighty says in the Quran:
[They are] avid listeners to falsehood, devourers of [what is] unlawful. So if they come to you, [O Muhammad], judge between them or turn away from them. And if you turn away from them – never will they harm you at all. And if you judge, judge between them with justice. Indeed, Allah loves those who act justly.
(Quran 5:42)
The Jews came to the Prophet (peace be upon him) several times to settle their disputes.
It is obligatory to judge by the law that Allah has revealed. If someone refuses to judge according to the law of Allah, he has committed kufr. If someone disregards the law of Allah and inserts man-made laws, he has committed kufr.
It is kufr to consider any law to be on par with the Quran and Sunnah. For these reasons, a person not only becomes a sinner but also leaves Islam.
Sharia law was in effect in Muslim lands before the imperialists took over Muslim lands. Islamic Sharia law was in force in Muslim lands for almost 1,300 years. There is no complete Sharia law in force anywhere in the world today.
Thirdly: The authority of the Messenger of Allah is established through this Shari’ah law, which is the authority of the Messenger of Allah (peace be upon him).
In this regard, Allah Almighty says in the Surah:
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The Sanad states that if a problem is not resolved according to this Sanad, the decision of Allah and His Messenger (peace and blessings of Allah be upon him) is final. Here the authority of the Messenger of Allah (peace and blessings of Allah be upon him) is clear; no one had the right to divide it. Only one person is mentioned in this certificate, and that is the Prophet Muhammad (peace be upon him). And thus the power of the Prophet (peace be upon him) was consolidated in Medina. One thing is clear from the Medinan Sanad, that he was sympathetic to the books. They were given the opportunity to practice their religion and even received protection from the head of state.
Medina has a specific border line and the Prophet Muhammad (peace be upon him) provided security to all the people inside Medina.
Number 7: Holding Justice. The Medina Charter repeatedly mentions standing for justice and protesting against injustice. In Medina, anyone, rich or poor, could be a subject of judgment. It cost him nothing. Everyone, regardless of race or religion, had the right to receive justice. Islam commands fighting enemies but does not command treating them unjustly.
Allah Almighty said:
O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do.
(Quran 5:8)
A Muslim will testify truthfully when he stands in court, even if that testimony goes against his family. Even if it means testifying against an infidel.
Allah Almighty says about this:
O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not [personal] inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, with what you do, Acquainted.
(Quran 4:135)
Before Islam, Arabs would always speak for their tribes, whether it was good or bad. But after the establishment of Islam, such injustices stopped.
Point number 9: Treason
One of the terms of the treaty was that no one in Medina would be able to help the Quraysh. This verse was especially important for the polytheists because they were close to the Quraysh. Therefore, the Prophet (peace be upon him) declared that no Jew in Medina could help the polytheist Quraysh, and this was called treason.
The Quraysh were enemies of the Muslims, so this treaty clearly stated that they would not provide any assistance to them.
Point 10: The Prophet’s decision to leave Medina was final.
If you want to leave to Medina, you must get permission from the Prophet (peace be upon him).
We conclude here with a brief review of the Medina Charter.
However, we must remember that the laws of this charter are not the final constitution of Islam. Later, Allah revealed many verses and the Medinan Sanad changed accordingly. For example, later the presence of non-Muslims in Mecca and Medina was abolished.
