The Constitution of Islamic State of Madina

The Constitution of Islamic State of Madina

The First Written Constitution Of Human History
An excerpt from the 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 Subjects of the State
(This shall be a pact) between the Muslims of Quraysh, the people of Yathrib ( 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 subjects 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 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 from 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 from 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 from 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 from 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 from 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 from 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 from 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 Indiscriminate 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 favouritism
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
attempts 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) nor 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 murderer and nothing will
be lawful for them except opposing him.

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 No. 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 No. 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 No. 30 Guarantee of freedom of religion for both the Muslims and non-Muslim
minorities ( the Jews)
The Jews of Banu Awf (non-Muslim 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 No. 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 No. 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 No. 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 No. 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 No. 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 No. 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 No. 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 No. 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 No. 39 Equality of rights for all the associates of the tribe Tha'laba
All the associates of Banu Tha'laba shall enjoy the same rights as granted to Banu
Thalaba.

Article No. 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 No. 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 No. 42 No exception from the law of retaliation
There shall be no impediment on anyone who wished to avenge a wound.

Article No. 43 Responsibility of Unlawful Killing
Whoever commits an unlawful killing shall be responsible for it himself 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 No. 44 Separate liability of war expenses
The Jews and the Muslims shall bear their own war expenses separately.

Article No. 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 No. 46 Mutual consultation and honourable dealing
There shall be mutual consultation and honourable dealing between the allies and
there shall be the fulfilment not the violation, of all pledges.

Article No. 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 No. 48 The Jews (non-Muslim minorities) shall also extend financial support to the
state during the war period.
The Jews (non-Muslims minorities) along with the believers shall extend financial
support to the state during the war period.

Article No. 49 Prohibition of Fighting and bloodshed among the various communities 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 No. 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 No. 51 Law of shelter for the women
A woman shall not be given any shelter without the consent of her family.

Article No. 52 Authority of Allah and the prophet Muhammad (SAW) shall be final and
absolute authority in all disputes instigating 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 No. 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 No. 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 No. 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 No. 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 No. 57 Every party to treaty shall be responsible for the defence of its facing
direction.
Every party to the treaty shall be responsible for the measures and arrangements
of the defence of its facing direction.

Article No. 58 The basic constituent members of this document and their associates shall
possess 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 No. 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 No. 60 Favour 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 No. 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 No. 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 stays in Madina shall have (likewise), except those who commit
oppression and violate the contents of this constitution.

Article No. 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.