محمد محمد شعبان دياب
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Muhammad Muhammad Sha'ban DayaanTRANSCRIPT
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The Other in Islamic Thought:The Case of the Constitution
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--- . Muhammad: Prophet and Statesman. London: Oxford
University Press, 1961. Print.
Weedon, C. Identity and Culture: Narratives of Difference and
Belonging. Berkshire, UK: Open University Press, 2004.
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and Pluralism. IslamiCity. 2/2/2012 - Religious Social -
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2012. <
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Berghahn Books, 2003. Print.
Yildirim, Yetkin. Peace and Conflict Resolution in The Madinah Charter. Peace Review: A Journal of Social Justice, 18:109117. Taylor & Francis Group, Llc. Doi: 10.1080/10402650500510750
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Minneapolis, 1999. Print.
Rozen, Betty Sigler and Abraham Melamed. The Image of the
Black in Jewish Culture: A History of the Other. New
York :RoutledgeCurzon, 2003. Print. Shabbir. The Madinah Charter. Our Beacon Forum. 17 June
2009. Web. 27 December,
2012.
Shaw, George Bernard. The Genuine of Islam. Singapore, Vol. 1, No 8, 1936.
Tahir-ul-Qadri, Muhammad. Constitutional Analysis of the
Constitution of Madinah. Minhaj-ul-Quran Publications,
2000. Print.
Toss, Liliane and Salomon Diaz. Embracing the Arab Speaking Community in the Cultural Diversity of the
American Society. Web. December 20, 2012. < http://forest.huntington.edu/cccda/files/2009/05/toss-the-
arab-speaking-revised.pdf>.
Toynbee, Arnold J. Civilization on Trial. London, 1995. Print.
Volf, Miroslav. "The Role Of The 'Other.'" 2001. The Institute
For Global Engagement. June 5, 2003. Web. December 12,
2012.
.
Waardenburg, Jacques. Muslim Perceptions of Other
Religions: A Historical Survey. Oxford University Press,
New York, 1999. Print.
Watt, W. Montgomery. Muhammad at Medina, Oxford:
Clarendon Press, 1956. Print.
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The Other in Islamic Thought:The Case of the Constitution
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Othering. New Narratives Multicultural Literature at the University of Oslo, 2011. Web. 20 December 2012. <
http://newnarratives.wordpress.com/issue-2-the-
other/other-and-othering-2/>
Esposito, John L. What Everyone Needs to Know about Islam.
New York: Oxford University Press, 2002. Print.
Governance and Social Development Resource Centre.
Labelling. Social exclusion. Web. July 28, 2012. < http://www.gsdrc.org/go/topic-guides/social-
exclusion/social-exclusion-as-a-process>
Hagglund, Martin. The Necessity of Discrimination: Disjoining Derrida and Lvinas. Diacritics: A review of Contemporary Criticism. Volume 34. Number 1. Spring
2004. 40-71. Print.
Harle, Vilho. The Enemy with a Thousand Faces: The
Tradition of the Other in Western Political Thought and
History. Westport, CT: Praeger Publishers, 2000.
Joffe, Hlne. Risk and 'The Other'. Cambridge: Cambridge
University Press, 1999. Print.
Kearney, Richard. Strangers, Gods and Monsters Interpreting
Otherness. Routledge: London, 2003. Print.
Kleidosty, Jeremy. From Madinah to Runnymede: Comparing
the Foundational Legacies of the Constitution of Madinah
and The Magna Carta. New Middle Eastern Studies, 1 (2011). Web. 12 December, 2012.
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Marchetti, Gina. Romance and the Yellow Peril. Berkeley: U
of California P, 1993. Print.
Neumann, Iver B. Uses of the Other: "The East" in European
Identity Formation. University of Minnesota Press,
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Works Cited
Anderson, J.M. Lessons from a Postcolonial-Feminist Perspective: Suffering and a Path to Healing. Nursing Inquiry, 11(4), 2004. 238-246. Print.
Armstrong, Karen. The Curse of the Infidel. The Guardian, 20 June 2002. Web. November 15, 2012.
<
http://www.guardian.co.uk/world/2002/jun/20/religion.sep
tember11>.
Can, Sefik. Fundamentals of Rumi's Thought. New Jersey: The
Light, Inc., 2005. Print.
Cordeiro, Jose Luis. Constitutions Around the World. A View
from Latin America. LAP Lambert Academic Publishing,
2009. Print.
Cornell, Drucilla. The philosophy of the limit. New York:
Routledge, 1992. Print.
Coupland, N. Other Representation. J. Verschueren, J.-O. stman, J. Blommaert & C. Bulcaen (Eds.), Handbook of
pragmatics (pp. 1-24). Amsterdam/Philadelphia: John
Benjamins, 1999. Print.
Crane, Robert D. Islamic Social Principle of the Right to Freedom (Haqq al-Hurriyah): An Analytical Approach. Arches Quarterly (Summer, 2009, Vol. 3, No. 4) pp. 8-9 .
Web. October 19, 2012.
.
Derrida, Jacques. Writing and Difference. Trans. Alan Bass.
University of Chicago Press, 1978. Print.
Engelund, S.R. Introductory essay: The other and
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understanding and cooperation amongst people of the different
faiths. As White has rightly said, Just as in the streets of Medina, through tolerance and respect, we too may one day have a world-
wide ummah, where a passing Christian will say, "Peace be upon
you" to a Muslim, who will reply, "Peace be upon you too." In
short, the Constitution of Madinah became an evidence of Islam's inherent message of peaceful coexistence, the permissibility of
religious pluralism in areas under Muslim rule, and the right of
non-Muslims to be members of and participants in the broader
Muslim community" (Esposito 81). Finally, the Prophets wisdom and leadership in Madinah has been acknowledged by worldwide
thinkers and writers who objectively view him as one of the
greatest leaders humanity has ever known. I would like to conclude
by quoting the famous English critic and dramatist, George Bernard
Show who admitted that:
Islam is the only religion which appears to me to possess
that assimilating capacity to the changing phase of existence
which can make itself appeal to every age. I have studied
him the wonderful man [ Prophet Mohammad] and in my opinion far from being anti-Christ, he must be called the
Saviour of Humanity. I believe that if a man like him were to
assume the dictatorship of the modern world, he would
succeed in solving its problems in a way that bring it the
much needed peace and happiness.
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The Other in Islamic Thought:The Case of the Constitution
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This document, the Constitution of Madinah, may be taken
to show that the people of Madinah were now regarded as
constituting a political unit of a new type, an Ummah or
community. In some ways it was like a federation of nomadic clans or tribes. It was bound together by their
solemn agreement with one another. (1961, 94)
The Madinah Constitution was not only the first Islamic
constitution but it was also the first human right Constitution that
provided the basic rights of every human living in Madinah. It
gives a clear guarantee for the right of non-Muslims and the Jews.
As a result of this constitution, which established justice between communities with differing beliefs and ensured the protection of
their various interests, long years of enmity were brought to an
end. This Constitution, earlier than the United Nations Declarations of Humans Rights, reaffirmed the fundamental rights
of people, the dignity and worth of the human person and the equal
rights of men and women and promoted social progress and better
standards of life within a larger realm of freedom. It even surpasses
some modern and contemporary constitutions and human rights
declarations. As Shabbir puts it:
The Madinah Constitution is the first, and in this, it preceded
the American Constitution of 1787, considered by Western
authorities as "a landmark document of the Western world
the oldest written national constitution in operation" (FN3) by more than a thousand years! It also preceded the
English Feudal Bill of Rights, the Magna Carta of 1215, by
almost six centuries! United Nations Charter of Human
Rights came into being only in 1945.
The way the Prophet (PBUH) dealt with others who are
different in religion, race and ethnicity shows him the Noblest Exemplar of defending human rights and freedom of thought, and belief. Because of the Constitution, the Madinah society was
capable to live in a society that was based on peace, mutual
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can ever obliterate the rights of a non-Muslim to live in peace.
Muslims and the other non-Muslims should be protected and
treated equally.
These are some articles in this constitution that aimed at
creating what we can call now religious pluralism where the
diversity of religious belief systems are free to co-exist in a society.
Because of this constitution, the various autonomous tribes were incorporated in a single confederation with common rights and
responsibilities. The Prophet called this confederation an Ummah
or single community composed of different ethnic and religious
Ummas as sub-groups ( Crane). In contrast to the idea of the melting pot where the different elements of the society are "melting
together" into a harmonious whole with a common culture, and
which is particularly described the integration of minorities into
their host countries cultural values, the Prophet aimed at creating a noble and just society where each individual and minority has its
own rights and freedoms as a way to ensure a predominant
atmosphere of peace and security for the whole of the society.
Conclusion:
The articles of the Madinah constitution should be taken as an
example of how members of different religions today should live
peacefully. The city of the Prophet, Madinah, had lived the best
example of religious pluralism and tolerance. It became the symbol of a society in which all human beings shall enjoy freedom of
speech and belief. The Prophet, through the Medina Constitution, was practicing Islam through action. For with reason, discussion,
and contemplation, a peace treaty was created (White). It provides elements to unite people of various races and to establish peace and
eliminate any hostility that was occurring before the arrival of
Prophet Muhammad to Madinah. Although this Constitution has
been an old document, it has profoundly shaped tolerance
awareness among many Muslims nowadays. As W. Montgomery
Watt puts it:
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The Other in Islamic Thought:The Case of the Constitution
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commands of this religion. All these rights are derived from being
human. Moreover, the article implies that every religious group is
free to take care of its own religious affairs, and to form its holy
institutions. The sole purpose of this article provided independence
and tolerance to the ones who are from another religion, belief, and
race.
Again, this article is more specific to religious matters and
older than the UN Declaration of the Human Rights which are too
shy to support religious freedoms to that extent. The Quran
repeatedly emphasized that mankind has free-will to believe as they
choose. Islam never accepts compulsion even if it be the only way
to Islam itself for believing in God and the enforcement of His law
cannot be properly achieved unless man is free from fear. This
other is never under any pressure to accept or reject Islam. In short,
this other must not be forced to embrace Islam, as it would serve no
useful purpose for this other to do so under intimidation, while his
mind and heart remain closed to guidance, Once this other is shown
the right path then it is his/her choice whether to follow it or
abandon it. However, this religious freedom is associated with a
sense of responsibility towards the community as a whole. All
residents of Medina, regardless of their religion, should cooperate
in resolving economic hardships and defending Medina if it is to be
attacked by outsiders.
In another article, 49, which states that 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. Protection shall be granted to everyone who has been
given the Constitutional Shelter. The fundamental rights of the religious other, according to this article, are their protection from
all external threats, their protection from internal tyranny and
persecution and their right to their own personal law according to
the teachings of their own religion. According to this article the
religious other enjoys security and equal right of life protection and
justice. Under this constitution no distinction of race or religion,
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different religious communities is clearly stated in the Madinah
Constitution. The Constitution emphasized the fact that people are
free in belief and they shall live in peace, security and liberty in
Madinah as long as they are adhering to the Constitution. They will
enjoy the greatest freedom in practicing their religion, and their
traditions will be respected. No one shall abuse them, put them in
danger or attack their lives, properties or religious houses of
worship as long as they agree to this Constitution. The obvious
example of this religious freedom is evidently stated in Article 30:
Guarantee of Freedom of Religion for both Muslims and Non-
Muslim Minorities. It reads:
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 community.
In this article the Prophet proclaims freedom of religion for all
peoples and all tribes, to the end that every member of the tribes,
keeping this Constitution constantly in mind, should respect these
rights and freedoms and secure their universal and effective
recognition and observance, both among the members of his/her
tribes and among other tribes and associates who are under their
control. Moreover, this article guarantees freedom of religion in
terms of adopting, and practicing it. It emphasizes individual
personal liberty to recognize the religion of his/her choice without
compulsion. Jews and others have the freedom to observe and to
practice their faith without fear of, or interference from, others.
Freedom of religion in this article implies that non-Muslims are not
compelled to convert to Islam, nor are they hindered from
practicing their own religious rites. Since Jews, as well as
Christians, can have the right to have their own faith, they can
freely practice their prayers and equally they have the right to teach
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The Other in Islamic Thought:The Case of the Constitution
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the constitutional subjects of the state.)
The main associates of the constitution are: Muslims of
Quraysh, who migrated to Madinah and the people of Yathrib who
are an amalgam of different tribes, ethnicities and cultural
minorities including: Jews, Arabs and others. In this article, there is
a clear announcement that the subjects of the Constitution are equal
and they are entitled without any discrimination to equal protection
against any discrimination in violation of this Constitution. The
Madinah Constitution expressly acknowledged those different
others involved in the Yathrib conflict. For example, the first 23
sections of the Constitution addressed the Muslim immigrants from
Makkah and Muslims of Yathrib. The second half of the document
was directed toward the Jews of the community. Specific
identification of the participants occurs in sections 411 for the Islamized tribes and sections 2535 and section 46 explicitly directing the Jewish population to be one community with the
Muslims (Yildirim, 112). Apparently, the main purpose of
declaring the main subjects of the treaty is to ensure the rights of
the other in a way that will lead to a peaceful and stable Madinah
society. The Prophet realized that divisions and conflicts usually
breakout abruptly and resolving these can create long-term
problems. As Sean William White puts it:
The Medina Charter serves as an example of finding resolve
in a dispute where peace and pluralism were achieved not
through military successes or ulterior motives but rather
through respect, acceptance, and denunciation of war -
aspects that reflect some of the basic tenets of the religion
Prophet Muhammad, peace be upon him, was guiding and
promoting.
The Religious Other:
Among the articles that deal with the relationship with the
other was the religious freedom assured to the non-Muslim citizens
of Madinah. The Prophets way of managing the relations between
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adopted while drafting the Madinah constitution proved that he was
an expert with dealing with the psychology of the others. Before the
Constitution became a reality, the Prophet consulted the leaders of
each tribe, thereby demonstrating his willingness to listen to the
needs of the other. Once the tribal leaders accepted the articles of
the Constitution, it was understood that younger members of the
tribes would go after their leaders, regardless of religion simply
because this Constitution outlined the rights and duties of its citizens, provided collective protections for all citizens of Madinah,
including both Muslims and non-Muslims, and provided the first
means of seeking justice through law and community instead of
tribal military actions (Yildirim 111).
Critical Analysis of the Madinah Constitutionviii:
The way the Prophet ordered the constitution to be written is
similar in many ways to the methods of writing modern and
contemporary constitutions. For example, similar to modern
methods of resolving the tensions among conflicting groups, the
Prophet had espoused some techniques in order to reach a
compromise among others of different interests, religions, and
ethnicities. These techniques can be compared to methods present in modern conflict resolution theories, including fractionation,
focusing on interests and goals, and attempting to change the
perceptions of power among participants (Yildirim, 111). Moreover, similar to some modern and contemporary treaties, the
Prophet mentioned that the constitution is a pact between all people
of Madinah, outlining the main rights and duties of each partner
who signed this deal. Right from the very beginning, the Prophet
(peace be upon Him) states the main partners of the constitution in
Article 2: under the title of Constitutional Subjects of the State:
(This shall be a pact) between the Muslims of Quraysh, the
people of Yathrib (the Citizens of Madinah) and those who
shall follow them and become attached to them (politically)
and fight along with them. (All these communities shall be
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The Other in Islamic Thought:The Case of the Constitution
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When we develop a clear and objective view of what the
other really is, and not what he assumes to be, we will have
the chance to get closer to him and consequently, we will
allow him to try to forge a certain image of us that is
different from the one he had before. (2-3)
The Prophet (Peace be Upon Him) had this clear and objective
view of what the other thought. He possessed the double vision of
an insider who was once an alien himself. He was well aware of the
controversial position in which his position as a Prophet placed
him. Knowing the psychology of human beings that people tend to
define themselves solely by what differentiates them from others,
and, thus, conflicts oftentimes arise leading to hatred or distortion
of the Other, the Prophet believed that embracing Otherness will be
one of the things that will alleviate the tension between the warring
factions in Madinah. In that sense, an aspiration to a non-violent relationship to the Other (Cornell, 62), will be the very first step in the long and sometimes painful process of reaching him. The
Prophet knew that, it did not make a difference whether the Other is
primordially good or not for prescribing a non-violent relationship with him or her or it (Hagglund 40). At this point, this other will no more be the despised other, but a human being
like us, a dearly loved other. Moreover, the Prophet believes that
there is no sense to prejudice against the beliefs and practices of the
religious "other" because this simply often intensifies conflicts and
tensions among people, and contributes to misunderstanding. As
Toynbee has rightly said:
The extinction of race consciousness as between Muslims is
one of the outstanding moral achievements of Islam, and in
the contemporary world there is, as it happens, a crying need
for the propagation of this Islamic virtue it is conceivable that the spirit of Islam might be the timely reinforcement
which would decide this issue in favor of tolerance and
peace. (87-88)
To sum up, the procedures the Prophet Muhammad had
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After making sure that everyone in Madinah, regardless of their
religion, race or ethnicity, is enjoying the freedom of belief, the
Prophet sought to erase the main cause of peoples hostilities. In this way, the Prophet was able to establish peace by asking each
one to shoulder the responsibility of maintaining it. According to
Yetkin Yildirim,
The Madinah Constitution, prepared as the basis of the
Madinah city-state established by Prophet Muhammad, was
the first written constitution in Islam and arguably the first
instance of constitutional law in society. The Constitution
was a document that established governing rules for the
people of Yathrib (later known as Madinah, which means
city in Arabic) and addressed specific social issues of the community in an attempt to end the chaos and conflict that
had been plaguing the region for generations. (110)
Upon his arrival, one of the first challenges that faced Prophet
Mohammed was to join together the heterogeneous and conflicting
elements of which Yathrib and its suburbs were composed, into one
community. Madinah was full of different forms of Otherness.
More specifically, there were two forms of otherness: the other who
was of a different religion (Muslims vs. pagans, and Jews), and of a
different origin (Madinah natives vs. Meccan immigrants). He went
into private negotiations with those different Others in order to
reach a consensus among them. After several months of patient
negotiations, the Prophet reached minimum consensus among the
various populations units of the constitutions. As White puts it:
Peace was achieved in Medina, not through the might of arms or the scale of wealth, but through the unyielding principles of Islam -
tolerance, love, reason, and a belief in God - whether the God in the
Bible, the Quran, or the Torah. The Prophet interacted with Others by focusing not on the negative aspects of being different, but by
finding a point of contact where they can get together and away
from any differences that will split them away. According to
Liliane Toss and Salomon Diaz,
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The Other in Islamic Thought:The Case of the Constitution
13
challenges of government from the earliest days of Islam,
albeit within the framework of a transcendent law (shara).
Historical Background:
Before analyzing the Constitution it is important to understand
the contexts in which it was created and why it is needed. Before
the Prophets arrival, Yathrib, later called the Madinah of the Prophet, was a city in which various other faiths were
present. There were Jews, polytheists, and others who were not
affiliated with any religion. Moreover, the city had been full of
tribes who were with obvious ethnic prejudices and who frequently
placed the interests of their own kind above those who were unlike
them. It was not very easy for those people to live together in
harmony. One group could become hostile towards another over the
slightest word or action. As a place of diverse tribes and religions,
Yathrib was liable to tension and instability. Religious differences
lead to potential conflict and tribal disputes had been aggravated by
social and economic injustices. Long-standing hostilities interfered
with the ability of each individual living in Yathrib to see each
other clearly, leaving them to view each other according to
established stereotypes and prejudices. At this period of time,
Yathrib was in need of a spiritual leader, and they found such a
leader in the Prophet (Peace be upon Him) when he immigrated to
it. On his arrival, Allahs Messenger was requested by the tribes in Yathrib to act as a third-party mediator to try and help resolve the
on-going conflict between them. He acted as an arbiter between the rival factions and thus help to maintain peace in the oasis (Watt, 1956: 96).
Why the Constitution was needed:
The Prophet knew that one of the main reasons of the
hostilities among the tribes in Madinah was their disregard and
contempt for rights for each other and this resulted in barbarous
acts which led to wars and separation rather than peace and unity.
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last forever. When the Prophet came to Madinah, he found the
religious Others who prefer to remain in their religion. The Prophet
respected their right to do so. He guaranteed them freedom of
worship and autonomy in their religious institutions. He gave them
the right to manage their own affairs and the obligation to live in
peace and co-existence with others. And what is more, Islam orders
its followers to protect the freedom of belief and worship for
followers of other religions. Allah says in the Quran,
For, if God had not enabled people to defend themselves
against one another, monasteries, and churches and
synagogues and mosques in which Gods name is abundantly extolled would surely have been destroyed.vii (22: 39-40)
The reference to Christians churches and the Jews synagogues before the mosques indicate their significance as places
of worships and the duty of Muslims to protect them against any
desecration in order to ensure the freedom of belief for all.
The Madinah Constitution as a Practical Example:
According to Jose Luis Cordeiro the Madinah Constitution s said to be one of the earliest constitutions which guarantees basic
rights to religions and adherents as well as reinforcing a judiciary
process regarding the rules of warfare, tax, and civil disputes (18-19). To another, this constitution is an obvious potential exemplar for those wishing to govern in an Islamic fashion. It also accounts
for the possibility of an Islamic pluralism that allows for peaceful
religious coexistence within a Muslim state. (Kleidosty). According to Jeremy Kleidosty
The very existence of this agreement and the details
contained therein (it lays out, for example, explicit
expectations of the duties of various tribes and their rights to
the benefits of society, and a vision of the rule of law)
indicates that practicing Muslims and non-Muslims in
Islamic states have codified and negotiated the various
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The Other in Islamic Thought:The Case of the Constitution
11
conquered with respect; they did not intervene with their beliefs nor
touch their churches" (Can 172).
In Islam The Other is not inferior:
Generally speaking, the main attitude of Islam towards Others
is to deal with them justly. The Other is always equal and is never
looked upon as inferior. During his final sermon,v the Prophet
called on Muslims in these terms:
There is no superiority for an Arab over a non-Arab and for
a non-Arab over an Arab; or for white over the black or for
the black over the white except in piety. Verily the noblest
among you is he who is the most pious.vi
According to this sermon, Islam does not accept any type of
ethno-centrism which leads to the perception of 'the superior race',
who considers others as 'the subject races' or 'people of inferior
gods'. Islam seeks a real intercultural society, unlike the modern
multicultural ones, where many of its other minorities or
disadvantaged groups are marginalized. The main objective of Islam is to achieve a harmonious co-existence between followers of
different religions or religious creeds, representing a practical way
of achieving Islamic tolerance. As Karen Armstrong has rightly
pointed out:
In the Islamic empire, Jews, Christians and Zoroastrians
enjoyed religious freedom. This reflected the teachings of
the Quran which is a pluralistic scripture, affirmative of other traditions. Muslims are commanded by God to respect
the People of the Book, and reminded that they share the
same belief and the same God.
Practically speaking, the Prophet (Peace be Upon Him) has
dealt with so many types of people of different religions, races,
ethnicities and he proved himself a good example to be followed by
his companions. He advised his followers that differences among
mankind is what Allah has meant it to be, and that the existence of
Jews and Christians and even non believers is something that will
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In another verse in the Quran, this fundamental message of
diversity and pluralism is emphasized where it is mentioned that
God created a world that includes different nations, ethnicities,
tribes, and languages. If He willed He could have created us as one
and the same, but it is His wisdom to create us different in shapes,
languages, colors, beliefs, customs and traditions:
To each of you We have given a law and a way and a
pattern of life. If God had pleased He could surely have
made you one people [professing one faith]. But He wished
to try and test you by that which He gave you. So try to
excel in good deeds. To Him will you all return in the end,
when He will tell you how you differed (5:48).iii Theoretically speaking, Islam views this diversity amongst
humankind as a blessing and as something positive; it is a way for
Mankind to learn about each other. According to Islam, the best
way to achieve co-existence among people of different religions
and races is to hold a dialogue among those peoples and cultures in
order to serve the universal objectives of the society. On this,
Allah ) ( SWT says: "O Mankind, We created you from a single pair of a male and a female and made you into nations and
tribes, so that you may know one another. Verily the most honored
of you in the sight of God is he who is the most righteous of you"iv
(Quran 49:13). From this verse, one can draw several fundamental
Islamic principles regarding the Other which are reaffirmed
elsewhere in the Quran and the Prophets teachings. First, the verse emphasizes the fact that Allah addresses the whole humanity, not
only Muslims and that all humans are equal since they all are born
through a similar process, i.e. from a male and female. Secondly,
this verse reiterates that all humans are equal regardless of race,
language, colour, and nationality in order to reach this idea of the
whole humanity being one family of God. Thirdly, the verse refers
to the ultimate tolerance of Islam towards others by holding
dialogues with them. "It is for this tolerance in the Islamic view that
Muslims have looked at the religion of the people in the lands they
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The Other in Islamic Thought:The Case of the Constitution
9
notions about what the Other stands for and believes.
Islam acknowledges that the other is different:
The relationship between the non-Muslims and Muslims has
been long characterized by misunderstanding and lack of
knowledge of Islam and its sublime teachings. The relationship of
Islam with the Other, both in theory and practice, has been intricate
and multifaceted. In the course of history, Islam - as a religion and
as a religious community - has come into contact with non-Muslims
and their cultures in different situations and at different times and
places. As Waardenburg puts it:
Since its inception the Muslim civilization has been in
continuous relationship with other cultures and civilizations.
It extends from the Atlantic to the Pacific Oceans and
through regions which have long been carriers of culture. As
a consequence, Muslims have come into contact with many
religions. One may think not only of various forms of
Christianity and Judaism inside and outside the Middle East
but also of Zoroastrianism and Manicheism, Hinduism, and
even Buddhism, not to speak of nonliterate religions in many
parts of Asia and Africa. (xi)
The relationship of Muslims with Others living among them is
long and complex. First of all, Islam acknowledges that the Other
exists and has the right to live in peace in an Islamic community.
Contrary to the previous negative conceptions of the other in some
contemporary communities, Islam takes a positive stand towards
the Other. First of all, Islam agrees with the view that the Other is
different, where it is Gods design to have different faiths, races, languages and civilizations. Allah ) ( SWT states this clearly in the Holy Quran:
If your Lord had pleased, He would have made all people a
single community, but they continue to have their differences except those on whom your Lord has mercy for He created them to be this way.ii (11:118-119)
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monuments of their cultural and religious identity will be
destroyed, inscriptions of their collective memories erased;
the places of their habitation will be plundered and then
burned and bulldozed.
To sum up, in modern and contemporary societies, the Other
has always been perceived negatively and, therefore, it has been
treated unequally and unjustly. One of the disturbing realities
nowadays is that Otherness has come to be defined as in and of itself evil (Volf).
However, in order to have a stable and peaceful society, the
ideal relationship between one community and the Other should
entirely be based on justice. It is mutual respect between Self and
the Other that will be the first step toward a true and tangible
understanding. Knowing that differences are the norm, will allow
us to see that the other is not myself and who has ever maintained that it is? but it is an Ego (Derrida 110). Neumann elaborated on this point. He writes:
Indeed, if there were only two of us in the world, I and one
other, there would be no problem. The other would be
completely my responsibility. But in the real world there are
many others. When others enter, each of them external to
myself, problems arise. Who is closest to me? Who is the
other? Perhaps something has already occurred between
them. We must investigate carefully. Legal justice is
required. There is need for a state. (17)
Modern and contemporary thinkers and philosophers suggest
that we must first perceive the Other through their eyes and not our
own particular lens. In that way, the other will not be the enemy,
but as a potential friend. This ideal relationship between self and
Other, or We and Them in one community existed at the time of the
Prophet Muhammad fourteen hundred years ago. In his Madinah,
the Arabic word for city, the Prophet (Peace be upon Him) created
a space of trust and love for its citizens, immigrants and locals who
do not know each other and yet are raised with preconceived
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The Other in Islamic Thought:The Case of the Constitution
7
In the eyes of the colonizers, the Other is always weak and
inferior and therefore, must be colonized. This colonializing
attitude has been the most universal way for one group to attack
and rule the other who is always singled out for unequal treatment
and is considered as an object of prejudice and discrimination.
According to Engelund
When we other another group, we point out their perceived weaknesses to make ourselves look stronger or
better. It implies a hierarchy, and it serves to keep power
where it already lies. Colonialism is one such example of the
powers of Othering.
Another negative image of the Other is that this Other has been
perceived as evil, particularly threatening, and violent. In the 19th
and early 20th
centuries, in order to advocate for their cause,
colonizers claimed that the Other is the enemy, and hence, it must
be excluded, destroyed and killed. The enemy appears when
We/Us and They/Them are thought to be fundamentally different, emerging from the Other in times of war and other
societal violence (Wingfield 1).
According to the advocates of colonialism, the Other becomes
an enemy when it becomes different and threatening to the Self. It
is perceived as aggressive and evil in its nature. As Harle puts it:
The Enemy is a special case of the Other; the Enemy represents Evil (the Devil), while the Self represents Good (God). The
relationship between the Enemy and the Self, therefore, adds
hostility and violence to the identity-creating relationship (15). This Other is perceived usually as an enemy in a battle of good versus evil, us against them. Moreover, the other is regarded in some communities as insignificant and therefore, it must be
banished and destroyed. According to Miroslav Volf,
Otherness is filth that must be washed away from the ethnic
body, pollution that threatens the ecology of the ethnic
space. The others will be rounded up in concentration
camps, killed and shoved into mass graves, or driven out;
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6
In modern era, especially in colonial and post-colonial
countries, the other is always perceived negatively. In colonial
cultures, the Other used to be perceived as being different in some
fundamental way. This Other is nothing more than a "foreigner" or
an "outsider." It generally includes those outside of, and implicitly subordinate to, the dominant group" (Joffe 18). Moreover, this
Other is different because he/she has different sets of behavior or
ways of living, language, race, color and religion that are perceived
as completely different. These differences exist within each
community as well as across cultural boundaries. As Rozen and
Melamed put it: "the other is then not only qualitatively different,
but the complete opposite of himself, and hence naturally inferior.
Someone who is the exact opposite of the beautiful and the good
will, of logical necessity, be ugly and evil" (26).
Since the Other is always seen as different, it is almost always
perceived as inferior or less worthy and is treated accordingly.
Many societies rendered their Others to inferiority and strangeness.
In some societies, the Other is nothing more than a "stranger" or an
"outcast." The relationship between the Self and the Other, 'us' and
'them,' does appear as, and is, hostile and violent and often
extremely so" (Harle 11). Moreover, the Other is inferior and this
inferiority is mainly related to its subordination. In other words,
Othering is a process where a dominant group looks at the Other as
a subordinate. For an instance, the American Governance and
Social Development Resource Centre website defines the practice
of Othering as follows:
Othering is the process through which a dominant group defines into existence a subordinate group. This is done
through the invention of categories and labels, and ideas
about what characterizes people belonging to these
categories. The literature defines Othering as what happens when a person, group or category is treated as an object by another group. This objectification allows actors to break the moral rules of social relationships.
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The Other in Islamic Thought:The Case of the Constitution
5
Othering has been defined as an act of representation by which identity is assigned, human existence is categorized, people are
characterized according to certain criteria, and experiences are
homogenized (240). In addition, Othering refers to the process of representing an individual or a social group to render them
distant, alien or deviant (Coupland, 5).
Negative Representations of the Other:
Throughout history, each society and culture tend to have their
own others," and set a group of images and characteristics for these Others. These images are the construction of historical events
and of a culture that perpetuates them. As Engelund puts it, its hard to imagine a society in which we divide people into us and them without putting us above them. In many cases, this other has been represented in more negative images than positive
ones. For example, primarily in white Western societies, the Other
is perceived as physically and intellectually inferior, morally suspect, heathen, licentious, disease-ridden, feral, violent,
uncivilized, infantile, and in the need of the guidance of white,
Anglo-Saxon Protestants" (Marchetti 2-3). In addition to these
negative images of the Other, one can add to the list how the Other
is perceived as different, weak, evil, subordinate, enemy, hostile,
and must be colonized. According to Richard Kearney,
Otherness was considered in terms of an estrangement which
contaminates the pure unity of the soulthe other is an adversary, the stranger a scapegoat, the dissenter, a devil. It
is this proclivity to demonize alterity as a menace to our
collective identity which so easily issues in hysterical stories
about invading enemies. (65)
In what follows, we will discuss these negative images of the
Other in some modern and contemporary societies, and then compare these images to the ones perceived in the Madinah
constitution of the Prophet Muhammad (Peace be Upon Him).
The Modern Conceptions of the Other:
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4
how this Other is represented in the Prophets Madinah Constitution, which guaranteed the human rights of all the religious
minorities of Madinah at the inception of the first civil Muslim state
fourteen hundred years ago, earlier than the United Nations
declarations of these rights in 1945. After defining the concept of
the Other and showing how the Other is perceived in some
contemporary communities, the paper will, through an examination
of the Madinah Constitution, show how this concept is dealt with in
Islam. A critical analysis of some articles of this constitution will
be provided to show how in Madinah Islamic tolerance has been
exemplified, where people of diverse religions lived together
peacefully along each other, Jews, Christians, pagans, non-believers
and Muslims.
The Other: Definitions and representations:
One of the problems to do with the concept of the Other is its
complex definition and the various negative images related to it.
For example, various thinkers agree that there is no such exact
definition of the Other simply because the concept is in itself
complex and changing. As Sara Rismyhr Engelund has rightly said,
The concept of the other is a complex one, and it is hard to pinpoint exactly what it means. Does it have any meaning at
all? The question of who the other is might seem useless,
because in some way we are all others to someone, and everyone else is other to us. We can never fully know the other, and even if we strive to do so, the other is constantly changing.
Although it is truly difficult to provide one exact definition of
the Other, it is still very important for the purpose of this paper to
survey the various meanings of this concept. For example,
according to Weedon, "Othering" refers to the process of
"constructing another people or group as radically different to
oneself or one's own group, usually on the basis of racist and/or
ethnocentric discourses" (166). In another definition by Anderson
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The Other in Islamic Thought:The Case of the Constitution
3
Introduction The misleading thought that Islam is an "intolerant" religion is
held as a fact by many Westerners. Especially, after September 11,
2001, a new wave of antagonism against Islam has arisen, and
Muslims have been attacked as intolerant and oppressive. Islam,
which is a religion of tolerance and peace, is now associated with
prejudice and violence. Western people have often perceived Islam
as a violent and intolerant faith and they were viewing Islam
through their own muddled preconceptions (Armstrong). As a matter of fact, Western media keep portraying Islamic followers as
prejudiced against people of other religions. Every day and night,
the media claim that Muslims cannot tolerate cultural diversity in their own countries or even in the host ones. This explains why they
fail to act within mainstream American value systems (Toss & Salomon Diaz).
These stereotypical notions of Muslims are misleading and
result in an intended misunderstanding of Islam and its followers.
In fact, the reality was very different. Islam, for example, is not the intolerant or violent religion of western fantasy (Armstrong). The best method to comprehend the Islamic standpoint about the
relation between Muslims and others is to follow what Prophet
Muhammad said and practiced. The prototype of this religious
tolerance has been long practised during the time of the Prophet
Muhammad who enjoined on Muslims a just and tolerant attitude
towards those of other religions, languages, races and tribes. The
Prophets Mithaq-l-Madinahi or Constitution of Madinah is the best example of that.
The objective of this paper is to discuss how the Other is
represented and treated in Islam. For the limitations of this paper, I
would like to discuss only one type of Otherness: the religious
other. In general theoretical terms, I am concerned with the issue of
representations of the religious Other, and more specifically with
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The Other in Islamic
Thought: The Case of the Constitution of
Madinah
Mohammad Shaban Ahmad Deyab
Associate Professor of English Literature