People always speak of their homeland with warmth and love. It is the place where they grow up and establish roots. Fond memories of one’s childhood, youth, close relatives and loved ones are always associated with one’s homeland. Hence, it is not surprising that poets and writers reserve some of their best works for their homeland, always describing it with fondness that comes alive through their lines and words.
What I am concerned with here is citizenship, which means an interaction between man and place.
It creates rights for both citizen and place in a balanced relationship. In our history, this relationship was clearly outlined in our history long before the Muslim community went out on its war of liberation that brought vast areas under Islamic rule. In fact, it dates back to the inception of the Islamic state, established by Prophet Muhammad (peace be upon him) shortly after the second pledge given by the new Muslims of Madinah to the Prophet in Makkah. This pledge is known in our history as the Second Pledge of Aqabah. It heralded the immigration of the early Muslims from Makkah to Madinah. The immigration started with individuals and small groups, and culminated in the immigration of the Prophet and his companion Abu Bakr. Madinah was then the place where Islam established its strong roots.
It was the homeland of the Ansar, the Prophet’s supporters who loved their immigrant brothers and extended to them the most hospitable treatment ever given by nationals to immigrants. They strictly followed the Prophet, benefited by the guidance he provided and gave him all their dedicated support.
Once the Prophet settled in Madinah he ordered a document to be prepared which is known in our history as the Madinah Document, or to use our modern jargon, the Madinah Constitution. Its parties were 1) the Prophet and those who have believed in him and immigrated with him, 2) the people of Madinah, both Muslims and Jews, and 3) the idolaters in Madinah. This last group was small in number, and their names were not recorded. The objective was to regulate relations among these groups of citizens in the newly born state.
The document makes clear that the believers are “one nation, distinguished from all other people.” It also makes clear that the Jews were required to support the believers and that all parties owe it to each other to fulfill the terms of the document so as to prevent its violation.
It also states: “The parties to this agreement shall support each other against anyone who attacks Yathrib (the old name of Madinah).” One of its provisions states that “The Jews are required to share the expenses with believers as long as the latter are engaged in a war.” The parties were all committed to helping one another on an equal basis.
It also states: “Anything that takes place between the parties to this agreement, or any dispute that may develop between them, is to be referred for arbitration to God, the Almighty, and to Muhammad, His Messenger (peace be upon him).” Another provision of this document states: “No one of them shall leave without the permission of Muhammad (peace be upon him).” The document also provides that each group which is party to it “shall bear responsibility for the blood money they incur. They pay for the release of those taken prisoner from among them, according to what is reasonable and fair among believers.”
The document also includes many other stipulations that have been discussed in different books of history, Hadith, and comparative political systems.
This document or treaty is in fact the first ever written constitution in human history. No nation had ever made anything of similar import in the past. Indeed, no other nation tried to emulate it later, until the English obtained their Magna Carta from King John in 1215 CE. The two charters cannot be placed on the same level though. It will be a highly worthy effort if a researcher tries to compare the two. He is bound to come out with something outstanding. He is certain to give us a real gem that has remained hidden in our history. It is time that it is brought out into the open.
This treaty was the first in history that was left open to other parties. Thus, it was similar to what contemporary international law provides for: A treaty that may be joined by parties other than those who negotiate it in the first place. The new parties would thus make the same commitments as the original signatories and enjoy similar privileges. The Madinah treaty provides that any Jewish group that wants to join will have sincere commitment by all its signatories. This is what happened in practice. Not all the Jews who were in Madinah and the areas of the Qaynuqa and Qurayzah signed the treaty at the same time. They did that one group after another.
A careful reading of the document will confirm this because some of its provisions are repeated after mentioning some Jewish clans. It sounds as though each of these groups wanted to make absolutely certain of their privileges by having their names specified.
It only reflected their characteristic of mistrusting other people. The Prophet gave them what they wanted because he was confident that he would honor his obligations to them during his lifetime and that Muslims would honor theirs after he had passed away. He was aware of the suspicious character of the Jews.
The rest of mankind began to work out treaties that are left open to others to join when the League of Nations came into being after World War I. It is well known that the League of Nations survived only between the two world wars.
Life in Madinah progressed on the basis of this treaty until the Jews began to violate it. This was only to be expected because “every time they make a solemn pledge some of them will violate it.” (2: 100) Referring to all people, they say: “We have no obligation to keep faith with Gentiles.” (3: 75) Furthermore, “they deliberately say of God what they know to be a lie.” (3: 75) Biographies of the Prophet mention in detail how, after violating their treaty, they were evacuated from Madinah, group after group, which led to Madinah becoming a purely Muslim city. Many years later, they were evacuated by (Umar ibn Al-Khattab), the second caliph, from the areas where they had settled in Northern Arabia.
Arab News Islam 28 April 2003
