the constitution of madina
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HEYTHROP COLLEGE
UNIVERSITY OF LONDON
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Student ID Number 080414 Degree/Diploma Title ABRAHAMIC RELIGIONS - B.A. (HONS)
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Module Code AR307 Module Title Jewish-Muslim Relations Essay/Dissertation/ Project Title
The Constitution of Madina: The ‘Actual’ Beginning of Muslim-Jewish Relations
Word Count 3298
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Arabic Characters
’ ء
ṭ ط
ẓ ظ b ب
‘ ع t ت
gh غ th ث
f ف j ج
q ق ḥ ح
k ک kh خ
l ل d د
m م dh ذ
n ن r ر
h ه z ز
w و s س
y ی sh ش
ṣ ص
ḍ ض
Long Vowels
ā ا
a ۔
u ۔ ū و
i ۔ ī ي
The Constitution of Madina: The ‘Actual’ Beginning of Muslim-
Jewish Relations
List of Transliterations
Short Vowels
3
The Constitution of Madina: The ‘Actual’ Beginning of Muslim-
Jewish Relations
1ہ] ۔ انھم امۃ واحدة من دون الناس ۔
ھذا کـتاب من محمد النبی [رسول الل
This is a prescript (kitāb) of Muḥammad 2�. Verily they constitute an ‘ummah’ (political unit) as
distinct from all the people (of the world).3
دینھم و للمسلمین دینھم۔۔۔و ان یھود بنی عوف امۃ مع المومنین ۔ للیھود 4
And verily the Jews of Banū ’Auf shall be considered as an ummah (community) along with the
Believers, for the Jews being their religion and for the Muslims their religion�5
Introduction
In contemporary society one is bewildered and bemused at the arguments and
sources presented by Islamists and puritans in order to justify their hate for the
‘other’. I always believe it significant to understand the historical context for
ascertaining the meaning of the Qur’an and Ḥadīth, however for puritans it is the
‘atomistic’ approach to the text that is more appealing. Hence, I intend on
analysing the text and historical background of a forgotten and not so
appreciated document – ‘The Constitution of Madina’. I will initiate the analysis
by exploring the authenticity of the text and thereafter examining the historical
background to the document. I will then analyse the word umma and the Jews in
the text of the document: and conclude by examining some aḥādīth (pl. of ḥadīth
– traditions of the Prophet) from ṣaḥīḥ al-Bukhārī regarding the Prophet’s
relations with the Jews of Madina.
1 Hamīdullāh, M. (1994). The First Written Constitution in the World: An Important Document of
the Time of the Holy Prophet. (p. 55) 2 In all instances of a Muslim’s speech and traditional writings the phrase ‘Peace Be Upon Him
(PBUH)’ (عليہ و سلم G صلی) is followed by the name of the Prophet, but in this article I intend the
phrase, hence on the understanding that it is intended and assumed no disrespect is intended. 3 ibid., (p. 41) 4 ibid., (p. 60) 5 ibid., (p. 48)
4
Authenticity of the Document, and its source – ibn Ishaq
It is immensely significant to analyse the authority of any text within Islam before
any importance is given to it. Hence, I will begin by looking at the isnād (chain of
narrators) from the text of the Constitution:
حدثنا احمد بن جناب ابو الولید ثنا عیسی بن یونس ثنا کـثیر ابن عبد : و قد ذکرە ابن ابی خیثمۃ فاسندە
ہ بنکـتب کـتابا بین المھاجرین و ا?نصار فذکر صلی هللا علیہ و سلمعمرو المزنی عن جدە ان رسول هللا الل
بنحوە6
And indeed Ibn Abī Khaithamah mentioned (the text of the constitution) and
hence illustrated the isnād: Ibn Abī Khaithamah > ‘Aḥmad ibn Janāb Abū al-
Walīd > ’Isā ibn Yūnus > Kathīr > ’Abdullāh > ’Amr al-Muzaniyy >The Messenger
of Allah. The purpose of illustrating the text is of great importance here as there
are many texts, which remain short of providing an isnād. As in mainstream
Islam isnād plays a significant role in ḥadīth authority, as Ibn Mubarak said, N لو
that if there was no isnād then one would merely say ,اNسناد لقال من شاء ما شاء
what they desired.
However, Denny contends that, ‘There is little doubt among scholars that it is
authentic, and that it, like the Qur’an, is intimately connected with Muḥammad’s
thought and activity. W. Montgomery Watt has summarized the strong reasons
which J. Wellhausen had earlier adduced in favour of its authenticity:
“No later falsifier writing under the Umayyads or ‘Abbasids would have included
non-Muslims in the ummah, would have retained the articles against Quraysh,
and would have given Muhammad so insignificant a place. Moreover the style is
archaic, and certain points, such as the use of “believers” instead of “Muslims” in
most articles, belong to the earlier Medinan period”.7
6 Sayyid al-Nās, M (1977): Uyūn al-athar fī funūn al-maghāzī wa-al-shamā’il wa-al-siyar (p. 141 –
142) under chapter الموادعۃ بين المسلمين و اليھود( )
7 Denny, F. M. (1977). ‘Ummah in the Constitution of Medina’. (p. 39) quoted from: Watt,
Muhammad at Medina, p. 225
5
I see Watt’s evidence for the authority of the document to be quite cogent.
Because, as it is known within ḥadīth isnād, there were many mauḍū’ ḥadīth
(fabricated traditions of the Prophet) being created after the demise of the
Prophet. And the men that fabricated ḥadith did so for political reasons, hence
why would there be a need to interpolate into the texts just so that Jews could be
a part of the ummah.
However, Sergeant has also located verses in the Qur’ān which maybe referring
to the Madina document:
“{And remember the blessings which God has bestowed upon you: how, when
you were enemies, He brought your hearts together, so that through His blessing
you became brethren; and [how, when] you were on the brink of a fiery abyss, He
saved you from it. { that there might grow out of you a (umma) community [of
people] who invite unto all that is good, and enjoin the doing of what is right and
forbid the doing of what is wrong: and it is they, they who shall attain to a happy
state! (Qur’an 3:101-104).
The struggle and strife between them referred to in these verses are the tensions
and wars between the Aus and Khazraj, and those who allied with them, which
could include the Jews. The bringing together before falling into the ‘brink of fiery
abyss’ here could ultimately refer to the constitution.
Background to the kitāb (Constitution)
It is of significance to note the geo-politics that were taking place in Madīna at the
time. The tribes in Madina (specifically Aus and Khazraj) were surrounded by
sustained conflict and desired an end to the wars their forefathers had instigated.
However, once the Prophet, alongside his ṣaḥāba (companions / disciples), had
migrated to Madīna,8 and including Yathribī converts, the Muslims were no more
than a few hundred. Similarly Ḥamīdullāh believes the total population of Yathrib
8 Whilst the Muslims anxiously waited the Prophet’s arrival in Madīna it was a Jewish man who
noticed him first and shouted as the Muslims were returning home, "O you 'Arabs! Here is your
great man whom you have been waiting for!" (Ṣaḥīḥ al-Bukhārī: book No. 58, ḥadīth No. 245)
Accessed online [14.04.2011]:
http://www.searchtruth.com/book_display.php?book=58&translator=1&start=0&number=245
6
at the time is estimated to be approximately ten thousand (10,000), of which the
Jewish community contributed nearly a half (50%) and according to Yildrim,
Christians formed from 1% to 4% of the total population of Yathrib.9 10
Hence, superficial
statistics of the
population of
Madīna was
approximately 4500
- 5000 Jews; 4000 –
4500 polytheists
(Arabs); 400 – 500
Muslims (Muhājirīn and Anṣār); and 100 – 400 Christians.
The most significant question as to why the Prophet was chosen to unite and
lead the citizens of Madīna as opposed to the leaders of majority tribes. For
instance a sizeable portion of the Yathribis had made preparations to enthrone
’Abdullāh ibn ’Ubaiyy ibn Salūl, and according to the narrations of ṣaḥīḥ al-
Bukhārī ‘a crown had already been produced for the occasion’.11 But why, at this
stage, did they give precedence to an ‘outsider’ despite him being from a minority
group.
To understand why the Prophet was chosen to lead this diverse community, it is
significant to explore the notion of ‘mediation’. Yetkin Yildirim, in his article ‘The
Medina Charter: A Historical Case of Conflict Resolution’, focuses on this aspect
within the Madina Charter. I believe some aspect of mediation or another plays a
role in most societies and cultures of the world. Yildirim contrasts the Western
and Islamic approaches to mediation, he believes, ‘the Western approach to
mediation frequently emphasizes the role of the individual through its
dependence on legal procedures and settlements that defend individual rights
and compensate individuals for their losses. On the other hand, the Islamic
9 ibid., (p. 12 – 13) 10 Yildrim, Y. (2009). ‘The Madina Charter: A Historical Case of Conflict Resolution’. (p. 447,
Note No. 4) 11 Hamīdullāh, M. (1994). The First Written Constitution in the World: An Important Document of
the Time of the Holy Prophet. (p. 14)
7
approach, like other non-Western approaches, [I believe here specifically the
Jewish community, as they emphasise the society over the individual] tends to
emphasize the need to repair and maintain social relationships, framing conflict
as a communal matter rather than an individual event’.12 Here it is evident that
Yildirim points to the difference in Western and Islamic approaches to ‘mediation’,
the former focuses on the ‘individual’ whereas on the contrary the latter on
‘community’ – which could be felt throughout the Charter text, specifically through
the word ‘umma’.
However, also in the historical context of the constitution, ‘mediation’ was a
widespread phenomenon among the people and tribes of Arabia. Yildirim also
points towards the very notion from the Talmudic law, ‘Mediation was a common
practice among the Semitic peoples at the time of the Hijra. The Jews followed
the practises of p’sharah (arbitration) and bitzuah (mediation) in the Talmudic law
and it was also a common practice of Arabs to defer their conflicts to
foreigners’.13 It is for now evident the methodology used in ascertaining the
leader of Yathrib, but again why Muhammad ibn ’Abdullah (the Prophet) was to
be the arbitrator. I believe, alongside Ḥamīdullāh and Yildirim, that it was the
akhlāq (mannerism) of the Prophet that made him the most likely candidate for
the leadership of Madīna. I also believe two aspects of the Prophet’s life were
most likely the reasons: that even before and after Prophethood, the Prophet was
known as al-Amīn (the Trustworthy) and al-Ṣādiq (the Truthful). Secondly, he
was famous for playing crucial roles in conflict resolving and mediation: one such
incident is also recorded in ibn Ishaq, when the rebuilding of the Ka’ba took
place, and in its final stage – the placing of al-ḥajr al-aswad (the Black Stone) - all
the tribes within Makkah began to quarrel till swords were drawn and it was at
this stage that the Prophet being the first to enter through the doors of the ḥaram
(sanctuary) that he was called upon to resolve the conflict. He did so by placing
al-ḥajr al-aswad (the Black Stone) on a sheet of cloth and the leaders of all tribes
held the cloth and then it was put in its place on the corner of the ka’ba by the
12 Yildrim, Y. (2009). ‘The Madina Charter: A Historical Case of Conflict Resolution’. (p. 442) 13
ibid.
8
Prophet himself.14 So I believe it was incidents like this which spread throughout
Arabia, and it was also due to his truthfulness and trustworthiness in business
that influenced Khadīja to propose to the Prophet. And finally when he migrated
to Yathrib – and later changed its name to al-Madīna – he gained initial trust by
consulting the leaders of all the tribes when setting out the constitution of
Madīna, in doing so he won over the hearts of the people by showing his capacity
to listen. Hence, came what we know today as the ‘constitution of Madina’ and
how the Prophet related to the Jews.
Understanding Umma and Jews in the text of the constitution
The most significant of articles concerning the Jews are 25, 26-31 and 45/a:
Article. 25: And verily the Jews of the Banū ’Auf shall be considered as a
community (ummah) along with the believers, for the Jews being their religion
and for the Muslims their religion {.15
Article. 26-31: And verily the Jews of the Banu’nNajjār; Banu’lḤārith; Banū
Sā’idah; Banū Jusham; Banu’l – Aws and the Banū Tha’labah shall [all] have
the same rights as the Jews of the Banū ’Auf [mentioned in article 25]{.16
Article, 45/a: If they [the Muslims] ask the Jews to make peace with any ally of
theirs, they shall make peace with them; and if they ask us for a similar thing, the
same shall be incumbent upon the Believers, except one who fights for the cause
of religion.17
It is clear from article 45/a that the Jews were not just merely another tribe in
Madina, but rather a political force: however, what stands most significant in the
text is the attribution of the term ummah to the Jews. This is a notion which
majority of the Muslims have not heard of. However, Denny argues that,
‘Serjeant believes that they [Jews] constituted a separate ummah alongside the
14 For complete incident refer to: Ibn Ishāq. Sirat Rasoul Allah: The Earliest Biography of
Muhammad (An Abridged Version). (p.17). Accessed online [12.04.2011]:
http://ia600404.us.archive.org/32/items/Sirat-lifeOfMuhammadBy-
ibnIshaq/SiratIbnIahaqInEnglish.pdf 15 Hamīdullāh, M. (1994). The First Written Constitution in the World: An Important Document of
the Time of the Holy Prophet. (p. 48) 16 ibid. (pp. 48-50) 17 ibid. (p. 53)
9
Muslim ummah, and [article] no. 25 may be interpreted in that way. However
on the contrary Watt contends, ‘that the Jews are included in the ummah,
although he admits the other [referring to alongside the ummah notion]
possibility too. The dating of this article is an important concern: if the
Jews are allowed to practice their own religion within the one ummah, then
this ummah is no longer a religious community in the exclusive Muslim
sense’.18 Ahmad takes the position of Peters, ‘ Peters outlines the role of ummah
in text is more to do with the purpose of salvation, ‘{ the concept of the ummah
as a political confederation of tribes and clans, including non-Muslims, Jewish
ones, had inevitable to yield to Muhammad’s original understanding of a body
whose foundation may be ethnic but whose reason for being is shaped by the
divine purpose of salvation. The Jews were such an ummah, and in Medina they
were more than just a historical and literary illustration of a theological point: they
were a political reality’.19 However, I believe that this argument leads to a vast
subject of literacy and the historic context behind the meaning of ummah,
regardless of the three interpretations of ummah, all are positive and a way
forward in contemporary Jewish – Muslim relations.
The Prophet’s relations with the Jews of Madīna ‘subsequent’ or ‘prior’ to
the Constitution
There is much debate regarding the dating of the document, but from an analysis
of academic writing I believe the document was not all written in one place and
time. Rather articles were added as the need arose through community
relations and consultation. I am of firm conviction that the articles regarding the
Jews came later, subsequent to the decisive Battle of Badr and Aḥzāb (Battle of
the Trenches) and the reason for my conviction is logical, and I believe it to be of
utmost importance to date the articles regarding the Jews. My conviction comes
from the fact that Banū Nazīr and Banū Qurayza, the two Jewish tribes who had
allied with the polytheists of Makkah in the war, are not mentioned within the
18 Denny, F. M. (1977). ‘Ummah in the Constitution of Medina’. (p. 44) 19 Ahmad, B. (1979). Muhammad and the Jews: A Re-Examination. (p. 37)
10
document, hence assuming that they had already migrated to Khaibar. Barakat
is also of this opinion.
Now, keeping in mind the dating and context of the document it would be
interesting to explore different books of ḥadīth and how the Prophet related to the
Jews and vice versa. I therefore believe it significant to illustrate some examples
from ṣaḥīḥ al-Bukhārī, a ḥadīth text, the authority of which is unshakeable within
mainstream Islam, and including the puritan theory.
Narrated Jabir bin 'Abdullah : A funeral procession passed in front of us and the
Prophet stood up and we too stood up. We said, 'O Allah's Apostle! This is the
funeral procession of a Jew." He said, "Whenever you see a funeral procession,
you should stand up”.20 In the following reminiscent ḥadīth of al-Bukhārī, the
Prophet adds, "Is it not a living being (soul)?".21
The Prophet clearly teaches his ṣaḥāba to view others as humans, and not
merely to oppose them on the basis of their faith and religious views. Due to this
notion I believe the Jews of Madina found the Prophet an approachable man.
This is also evident from the fact that Jews would frequent his gatherings and he
in return would visit them, which is also clear from the following tradition:
Narrated Anas: A young Jewish boy used to serve the Prophet and he became
sick. So the Prophet went to visit him. He sat near his head and asked him to
embrace Islam. The boy looked at his father, who was sitting there; the latter told
him to obey Abu-l-Qasim [the Prophet] and the boy embraced Islam. The Prophet
came out saying: "Praises be to Allah Who saved the boy from the Hell-fire”.22
Challenging contemporary notions of boycotting ‘Israeli products’ it is significant
to understand that the Prophet had financial dealings with the Jews of Madina,
20 Choosing āḥādīth from only the ṣaḥīḥ of al-Bukhārī is significant to be mentioned here, as in
traditional and majority, which includes the puritan and wahhābī ideology, this Canonical work of
ḥadīth is accepted as ‘the most accepted authoritative book under the skies after the Qur’an.
Ṣaḥīḥ al-Bukhārī, (Book 23, Hadith 398) . Accessed online [13.04.2011]:
http://www.searchtruth.com/book_display.php?book=23&translator=1&start=64&number=392 21 Ibid., (Book 23, Hadith 399). Accessed online [13.04.2011]:
http://www.searchtruth.com/book_display.php?book=23&translator=1&start=64&number=392 22 Ibid., (Book 23, Hadith 438). Accessed online [13.04.2011]:
http://www.searchtruth.com/book_display.php?book=23&translator=1&start=109&number=437
11
Narrated 'Aisha: The Prophet purchased food grains from a Jew on credit and
mortgaged his iron armour to him.23
Despite there being no contemporary interfaith dialogue, there was something
similar – a neutral exchange of scriptural understanding:
Narrated Abu Huraira: The people of the Scripture (Jews) used to recite the
Torah in Hebrew and they used to explain it in Arabic to the Muslims. On that
Allah's Apostle said, "Do not believe the people of the Scripture or disbelieve
them, but say:-- "We believe in Allah and what is revealed to us”.24
From this ḥadīth it is unambiguous that there was a respectful and tolerant inter-
faith scriptural dialogue taking place 1400 years ago in Madina between the Jews
and Muslims. Also the Prophet’s statement, "Do not believe the people of the
Scripture or disbelieve them, but say:-- "We believe in Allah and what is revealed
to us” is a well suited model for a plural society co-exiting peacefully. This ḥadīth
of the Prophet also brings to mind Muhammad Iqbal’s thought, and strengthens
his idea regarding the Prophet and his prophethood. For Iqbal believed,
‘The Prophet of Islam seems to stand between the ancient and the modern world.
In so far as the source of his revelation is concerned he belongs to the ancient
world; in so far as the spirit of his revelation is concerned he belongs to the
modern world’.25
Again, I believe as far as relations between the Jews and Muslims are concerned
have always been peaceful, but always fragmented through political strife. As
again the world witnesses and begs for change.
The utmost reason for my examination of this document was to bring to the
forefront; that an atomistic approach to verses and ḥadīth in isolation is one
which invites difference. Hence, the purpose was to feel the historical context in
which the document was composed and treat it as an axis to see other verses
related to ‘People of the Scripture’. I therefore initiated by illustrating the
authenticity of the document, a method which at the forefront in Islamic traditional
methodology and then examined the political historical context to the document. 23 Ibid., (Book 34, Hadith 282). Accessed online [14.04.2011]:
http://www.searchtruth.com/book_display.php?book=34&translator=1&start=19&number=281 24 Ibid., (Book 60, Hadith 12). Accessed online [14.04.2011]:
http://www.searchtruth.com/book_display.php?book=60&translator=1&start=10&number=10 25 Iqbal, M. (2008). The Reconstruction of Religious Thought in Islam. (p. 126)
12
I then portrayed some of the academic debate around the word ‘ummah’ in the
document and also the place of Jews in the polity of Madina. I concluded by
bringing some aḥādīth forward, that have usually been disclosed by puritans
despite being part of the most authentic collection of ḥadīth to date. I lastly
looked at a ḥadīṭh which illustrated some form of pluralism in inter-faith dialogue
and scriptural reasoning 1400 years ago.
13
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14
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15
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