When the Prophet (a.s.) settled in Yathrib and took it as his capital, he began writing down a political document that was very important and has been described by the orientalists as ‘the constitution of the people of Medina’. This document assigned private and public laws for the people of Medina and their brothers of the Muhajireen (who had come from Mecca to live in Medina). It also determined for the Jews who lived in Medina their courses and made them free in practicing their rites besides some obligatory conditions. Here is the text of the document:
“In the name of Allah, the Beneficent, the Merciful.
1. This is a book from Muhammad the Prophet, the messenger of Allah, to the believers and Muslims from Quraysh and the people of Yathrib and whoever follow, joins, and struggles with them.
2. They are one nation among people.
3. The emigrants from Quraysh are as they are;[41] they pay among themselves (to each other) blood-monies and ransom their prisoners in a good manner and justice among the believers.
4. And Banu (family or tribe of) Ouf are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
5. And Banu al-Harith from al-Khazraj are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
6. And Banu Sa’idah are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
7. And Banu Jusham are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
8. And Banu an-Najjar are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
9. And Banu Amr bin Ouf are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
10. And Banu an-Nabeet are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
11. And Banu al-Ous are as they were; they pay among themselves blood-money as before and every tribe ransoms its prisoners in a good manner and justice among the believers.
12. And the believers should not turn their backs to a needy, indebted one of a big family among them and they should give him in a good manner in ransom or blood-money, and that a believer should not ally with another believer’s ally.
13. And the pious believers should be together against anyone from them who oppresses, commits injustice, a sin, aggression, or corruption among the believers, and they all should be united against him even if he is the son of one of them.
14. And let a believer not kill another believer for an unbeliever, and let no an unbeliever be supported against a believer.
15. And the protection of Allah is one (the same); the farthest of them (the believers) is to be protected, and the believers are guardians to each other from among people.
16. And whoever from the Jews who follow us shall be supported and comforted, and shall not be wronged or aggressed by helping others against him.
17. And the peace of the believers is the same; no believer should make peace away from another believer in a fight for the sake of Allah except equally and justly among them.
18. And every troop that fights with us should be replaced by another.
19. And the believers are equal to each other as to their bloods in the way of Allah.
20. And the pious believers should be in the best and straightest guidance…and that no polytheist should protect a property or a person of Quraysh and he should not be protected against a believer.
21. And whoever kills a believer for no guilt and intendedly, shall be bind by him until he satisfies the killed one’s guardian by reason, and that the whole believers should be against him and it is not permissible for them except to rise against him.
22. And it is not permissible for a believer, who has acknowledged what there is in this document and believed in Allah and the Last Day, to support or give protection to a heretic, and whoever supports or protects him then the curse and wrath of Allah shall be on him on the Day of Resurrection and no compensation shall be accepted from him (shall not be pardoned).
23. And whatever you disagree on you should refer it to Allah the Almighty and to Muhammad.
24. And the Jews should spend with the believers as long as they are in fighting.
25. And the Jews of bani Ouf are a nation with the believers; the Jews have their religion and Muslims have their religion, adherents, and themselves except he who wrongs or commits a sin that he shall not harm except himself and his family.
26. And the Jews of Bani an-Najjar shall have the same as the Jews of bani Ouf have.
27. And the Jews of Bani al-Harith shall have the same as the Jews of bani Ouf have.
28. And the Jews of Bani Sa’idah shall have the same as the Jews of bani Ouf have.
29. And the Jews of Bani Jusham shall have the same as the Jews of bani Ouf have.
30. And the Jews of Bani al-Ous shall have the same as the Jews of bani Ouf have.
31. And the Jews of Bani Tha’labah shall have the same as the Jews of bani Ouf have except he who wrongs or commits a sin that he shall not harm except himself and his family.
32. And that (bani) Jafnah are a sept from (the tribe of) Tha’labah and they are like them.
33. And Bani ash-Shutaybah shall have the same as the Jews of bani Ouf have and piety is not like sin.
34. And the adherents of Tha’labah are like them.
35. And the retinue of the Jews are like them.
36. And that no one should go away except by the permission of Muhammad, and a vengeance of a hurt is not to be prevented, and whoever ravages he shall ravages but himself and his family, except he who wrongs, and Allah shall be satisfied with that.
37. And the Jews should undertake their spendings, and they should support each other against who fights the people of this document…and they should be loyal and benevolent to each other avoiding sin, and no one should sin against his ally, and support should be for the wronged.
38. And Yathrib is inviolable for the people of this document.
39. And one’s neighbor is like oneself that he should not be harmed or sinned against.
40. And no woman should be given protection except by her family’s permission.
41. And whatever event or dispute taking place among the people of this document that it is feared to cause corruption should be referred to Allah the Almighty and to Muhammad the messenger of Allah.
42. And that neither Quraysh nor those who support it should be given protection.
43. And they (the people of the document) should support against whoever attacks Yathrib.
44. And if they are invited to peace, they should respond to it, and if they are invited to like that, then they should get it from the believers except those who fight the religion…every people should undertake their share that is before them.
45. And that the Jews of al-Ous, their adherents and themselves, have to undertake the same as that of the people of this document with piety from the people of this document, and piety only and no sin. No one commits except against himself and Allah shall be satisfied with what there is in this document.
46. And this book does not protect any unjust one or a sinner, and whoever goes away shall be safe, and whoever stays in Medina shall be safe except he who wrongs or sins, and Allah shall reward whoever is pious and fearing Allah, and (so shall) Muhammad the messenger of Allah.”[42]
This document organized the social relations between the Muhajireen and the Arab tribes living in Medina and the Jews and the other tribes. Wellhausen has analyzed this document and said, “It has come down to us from the heaven.”[43] Prof. Lutfi Jum’ah, as well, has analyzed this document and discussed its contents and values.[44]
[41] As they were in the state when Islam came.
[42] Tareekh ibn Katheer, vol. 3 p. 224-226, As-Seera an-Nabawiyyah by ibn Hisham, vol. 2 p. 147-150, Musnad of Ahmed bin Hanbal, vol. 1 p. 271.
[43] The Revolution of Islam and the Hero of the Prophets, p. 706.
[44] Ibid.
source : http://www.maaref-foundation.com
