The Constitution of Medina & Sharia

Recently I saw BBC’s documentary called The Life of Prophet Mohammed. One of the thing that I found interesting was that when Muslims took over the Medina (back then it was known as Yathrib) during Prophet’s time they did not establish Sharia based state, but instead they created constitutional city state government based on a charter known as the “The Constitution of Medina”. In fact, the concept of Sharia came long after death of Prophet Mohammed SAW.

So, doesn’t this support the idea that Islam actually supports the democracy, especially, when Quran say 1) there is no compulsion in religion 2) to you your religion, and to me mine?

“Constitution” of Medina (Dustur al-Madinah)]("Constitution" of Medina (Dustur al-Madinah))

re: The Constitution of Medina & Sharia

Sorry there's typo in heading. It should read Medina. Mods please correct that.

Re: The Constitution of Medina & Sharia

Ofcorse Islam Supports Democracy. One of the Very First Democratic Move was right after the departure of The Holy Prophet SAW.

Who was to be the First Caliph?, It was decided using the Democratic way by voting to elect the right candidate, Amongst the Companions Was Abu Bakr, Umr Farooq, Uthman and Ali RadiAllah An Hum. Ali RA gave away his vote to Abu Bakr, and other companions voted for Abu to be the First Caliph.

This is Democracy.

The Prophet SAW, said that Caliphate would survive for 30 years, and It did so until Kingship would begin. There are many more examples from the life of the prophet SAW where democracy was chosen over dictatorship. Another example would be the conquest of Makkah. Treaties were made the democratic way, the captives released upon majority decided that the captives to teach knowledge.

treaties with the jews whilst in Madina on living peacfully, fidya etc

There are many many examples where democracy was selected. Shariah is a name given to this way of life, Politics Is NOT a bad thing, it is Part of Islam and Shariah, what is Bad is How the politicians implement the shariah and how its gone about the wrong way. Shariah Always existed alongside of Democracy.

btw, the word is 'Madina' and not Medina.

Re: The Constitution of Medina & Sharia

Just a thought, Muslims didn't "take over" Medina. The tribes of Medina gave bayah to the Prophet (pbuh). May be someone else with more knowledge can confirm this.

Re: The Constitution of Medina & Sharia

right. 'took over' isn't the right term here.

Apart from the instances mentioned by fbi786 above, one might keep in mind that Muslim migrated to Madina after 13 years of Nabuwwat and many sharia orders including zakat, fasting, inheritance were revealed during Prophet's life in Madina and Meesaq e Madina (Constitution of Madina) relates to period just after migration.

Re: The Constitution of Medina & Sharia

^^^ Regardless, as explained in the documentary, the concept of Sharia did not start until around 200 years after death of the Prophet SAW. So, how do you explain that?

Re: The Constitution of Medina & Sharia

Peace Shamraz

This assessment is not cogent. I'm being blunt about this so I apologise.

The constitutional state ... is not what you think it is ... There were no people sitting in a circle deciding how the laws should be developed. That is democracy.

Rather, what was done was that the chieftains of each tribe saw the charter/constitution and agreed to the terms and their signing it meant all of their followers would have to be abide by it. This has nothing to do with democracy, because the content of the charter/constitution was purely from RasoolAllah (SAW) under inspiration and guidance from Allah (SWT). Effectively that is Shari'ah.

Democracy is about deciding whose opinion should be followed based on popularity. Say for example, chief X has 50 people and chief Y has 20, if the tribe of chief X all want to paint the doors of the town in blue paint and all the tribe of chief Y want to do so in red paint then a vote in the whole town would determine that all the doors will be painted in blue.

Another version of democracy is that whatever the leader says goes, but the people need to vote him in place first. So the only vote that counts is the one where you appoint the leader and thereafter there is no more "democracy" just whatever the leader wants ... Even this model does not fit the constitution of Madinah, because no one was standing in opposition to RasoolAllah (SAW) - God forbid ... and there was no election process.

What happened in Madinah was that the people who were already leaders collectively, but independently and under no obligation recognised RasoolAllah (SAW) as the prophet of Allah (SWT) and gave bayah to him (SAW). Later what happened in the case of the Khulafah ... was that there is an existing hierarchy in place. When the leader passes away then the existing authorities choose a leader among themselves. If 50 people choose person X, and 20 people choose person Y, then if person X chooses person Y, even though person Y has only 21 allegiances and X has 50 ... Y will still be appointed leader, because the allegiance is not a choice of who will lead ... but it is a declaration that whatever decision the person makes they will respect it.
Just like the tribe leaders giving bayah to RasoolAllah (SAW) on behalf of the whole tribe - likewise if 50 people choose person X and person X gives allegiance to person Y then he is in fact giving all his allegiances over to the Y.

Democracy is about campaigning and trying to be appointed - the set-up in Madinah was about being given leadership without seeking it out.

Re: The Constitution of Medina & Sharia

I have seen the video before - I remember thinking that there is something not quite right about the way it was being presented.

Re: The Constitution of Medina & Sharia

Peace psyah

Can you please explain precisely, how one should struggle for system where it will be possible, that leadership would be given to those who deserve, without seeking it out approach?

Re: The Constitution of Medina & Sharia

Well, were are talking about 2 different things here. 1) Democracy and 2) Sharia. People who are trying to impose "Sharia" on rest argue that democracy is un-Islamic western concept, yet Sharia has never been defined as for what it is.

We know that Prophet himself never said anything about Sharia, but he did rule Medina (one of the 1st territory ruled by Muslims) and he never impose Sharia there. In fact, they agreed on a charter/constitution that was acceptable to all. So the question is 1) where did the concept of Sharia originated? And 2) what is Sharia?

Re: The Constitution of Medina & Sharia

Peace Shamraz Khan

The Shari'ah is that Charter ... As I said, the people didn't "agree" on the charter ... Rather they signed up to abide by the charter ... There is a difference. Shar'iah is not imposed until you sign up to it. Then it is imposed just like any other law is imposed. How many of the laws of UK or US do you think the public personally sign up to? Let me help ... None ... These traffic fines ... No body signs up to them ... But those laws are nonetheless imposed on the public.

Shari'ah is to rule in accordance with the Islamic principles. It puts humans in the place of representative and appoints Allah (SWT) Ruler ... All people including the appointed leader are subject to the scrutiny of Shari'ah state.

Social Security is in Shariah. Working around prayer times is in Shariah ... Having a system to collect and distribute charity and having fair trials is all in Shariah ...

The protection of innocents, women and children is in Shariah, environmental protection is in Shariah as are preventions against mutilation, suicide and homicide.

Re: The Constitution of Medina & Sharia

You seem confused. Shariah is not a method of governance, it is a legal code that consists of the laws and practices applied by the Prophet (pbuh) initially to the people of Medina and later to the broader Arabian peninsula than came under his rule. As such the Charter of Medina is a part of Shariah, the remainder being the additional rulings he later issued on various matters (since the Charter of Medina laid down only elements of the political parts of Shariah, and he gave rulings on other topics later).

Re: The Constitution of Medina & Sharia

Find someone that you really trust and respect and want to follow and give bayah ... If everyone does that then those who have been given bayah will in turn give bayah - then there will be a convergence.

Things can go wrong - such that two of the people who have been given bayah to, neither of them gives bayah to the other - You get a stand off. And essentially that is what happened to create the Shi'a Sunni divide.

The resolution is to observe a monarchy - i.e. a Sultanate - where heirs are inherited. The Ulema continue to give ijaza and gain rank through appointment of their elders and peers - democratically, but that is purely based on the opinion of informed people. So only those peoples votes count who are themselves informed and aware of the environment they are in.

The Sultan is expected by society to conform to Shari'ah and consults the Ulema for guidance. This format has been more stable than the Caliphate approach, but it's weakness arrives when the Ulema become "desirous" of material gifts and favours that the Sultan gives them - then he can potentially gain license and validity to do things that would otherwise be advised against. The Ulema need to protect their interests by avoiding responsibility and making decisions together.

Traditionally scholars make rulings and the other scholars choose to follow it or another opinion or formulate their own. This has been the pattern in the past. There is some merit in not issuing personal verdicts (keeping them private among the scholars) and only declaring to the public a consensual opinion.

Another thing that we can learn from history is the concept of sovereignty ... The financial institution in the world (IMF/World Bank) has a remarkable format such that it governs and applies a system without having a land of its own. So long as different governments have reign and "pay their dues" to a system then they are playing by the rules. In a similar way existing leadership of countries of the Muslim world need not be overthrown. Merely the institution of Shari'ah should be applied in a similar fashion as what the IMF and World Bank are doing today.

Putting the power of sanction and exchange rate and having a military section in each Muslim state that belongs to the umbrella will organisation will ensure that the countries all report to a greater entity which does not have borders to any country - The New World Order is adopting that format. A single Ameer over the whole world of Muslims is no longer a feasible idea. Unless and until the Mahdi himself arrives.

Re: The Constitution of Medina & Sharia

psyah bro, I agree that opinion counts only of those who are themselves informed and aware of the environment they are in.
But considering the environment we got today, it is not probable that leadership would be given to those who are not seeking and craving for it. I would like to know WHAT IT TAKES to create such environment where it will be possible that leadership will be given to those who don’t seek it but deserve it???

Re: The Constitution of Medina & Sharia

I think this article explains in simple and precise words choosing the muslim leader.

Leadership In Islam | How Is The Muslim Leader Chosen?

Khalifah. Imam. Amir. Sultan.There are four phrases that have routinely been used to describe the position of leadership in Islam. These are Khalifah, Imam, Sultan, and Amir. In English, these four words are often used interchangeably. And that’s because there have been many Muslim leaders of the past who have held more than one title. But let’s try to understand what each phrase means linguistically and historically and practically. [adsenseyu1]
KhalifahThe word Khalifah (Caliph) should be pretty common to you. We all know position of Khalifah was the title held by the ruler of the entire Muslim world. The Four Righteous Caliphs (khulafah) are legendary figures and include:

  • Abu Bakr
  • Umar Ibn Al-Khattab
  • Uthman Ibn Affan
  • Ali Ibn Abi Talib

The word “khalif” comes from the Arabic root kha-lam-fa and means “Successor.” The reasoning being that each Caliph succeeds the one that came before him, and the first Caliph, Abu Bakr, succeeded Prophet Muhammad (pbuh) in leadership of the Muslim world.
ImamThis word is also familiar to most of us because so many prominent Muslim figures have been given this title (they usually did not take it themselves). For instance:

  • Imam Malik
  • Imam Abu Hanifa
  • Imam Bukhari
  • Imam Ahmad

The word “imam” comes from the Arabic word “imaamah” which means “in front.” And the man “in front” leading the prayer is usually called the Imam. Most of the Caliphs throughout Islamic history did not take the title “Imam.” That was usually reserved for men of knowledge and scholarship.
And even today, when we think of the word “Imam” it is almost the same thing as “Sheikh” or “Maulana” or “Alim.”
Also, the Imam usually did not have any political power. Some Imams did accept government positions, but it’s very rare that an Imam was also a ruler.
However, it should be noted that there are several hadiths where the Prophet (pbuh) used the words Imam along with the word Amir. Speaking of which…
AmirThe word “amir” comes from the Arabic root a-ma-ra and means “one who gives orders” or just “commander.” The Caliph (that is, the leader of the Muslim world) would often take the title “Amirul Mumineen” meaning “Commander of the Believers.”
But also lesser leaders like generals and governors would also be called “Amir” at times. In practical terms, the Amir was not always a religious figure. In fact, except for the Four Righteous Caliphs, most of the Caliphs of the Muslim world did not have much religious training (however, there were many who did such as Umar Ibn Abdul Aziz and Harun Al-Rashid).
SultanThe word “sultan” comes from the Arabic rood seen-lam-ta and means “authority.” The Sultan was often a ruler but much lower than the Caliph. The Sultan may have been a governor or other high appointed figure. But as the Islamic Caliphate broke down near the end of the Abbassid reign, there were many Sultans who had complete authority and power in their own lands.
How To Choose A Muslim LeaderNow that we have the definitions in place, let’s look at the actual process of choosing the leader. Many Muslims today say things like “democracy is haraam!” and talk longingly about bringing back the Caliphate.

Of course, Muslims should try to unite, but as it stands right now, the Muslim leaders we currently have in place just aren’t very encouraging. Chances are, if we had a true Caliph of the Muslim world, he’d be just as despotic, tyrannical, and totalitarian as most Muslim rulers today are.
But if democracy is haram (not my words, just saying) then how do we choose the Muslim leader?
What instructions were we given in the Quran and Sunnah of the Messenger of Allah (pbuh) on choosing the leader?
Well, there are none. In His wisdom, Allah has not revealed any direct, specific orders on how to choose a leader. Allah has given us instructions on:

  • How to fast.
  • How to divorce.
  • How to split our inheritance.

But nothing about how to choose the leader. And there were no specific directions from Prophet Muhammad (pbuh) either. When he died, he did not directly choose a successor. It is true, that just a few hours before he died, while he was suffering from his final, fatal sickness, he did appoint Abu Bakr to lead the people in prayer since he felt too weak to do so himself. Let’s read what happened next.
I (Aisha) said to him, “If Abu Bakr stands in your place, the people would not hear him owing to his weeping. So please order Umar to lead the prayer.” Aisha added, I said to Hafsa, “Say to him: If Abu Bakr should lead the people in the prayer in your place, the people would not be able to hear him owing to his weeping; so please, order Umar to lead the prayer.” Hafsa did so but Allah’s Apostle said, “Keep quiet! You are verily the Companions of Joseph. Tell Abu Bakr to lead the people in the prayer. ” Hafsa said to Aisha, “I never got anything good from you.”
Related in Bukhari
So this is a pretty good indication that Prophet Muhammad (pbuh) considered Abu Bakr to be the most knowledgeable after him. And without a doubt, Abu Bakr was certainly the best person to lead the Muslim Ummah(nation) after the Prophet (pbuh).
But he still died without specifically appointing a successor and he did not leave us a method on how we should appoint one ourselves.
The Four Righteous CaliphsSince there’s no instructions in the Quran on choosing a leader, and there’s no explicit instructions in the Sunnah, we next turn to the Sahabas, the companions of Prophet Muhammad (pbuh). There were the closest to him and understood the Quran and Sunnah better than all of us.
When Prophet Muhammad (pbuh) died without appointing a successor, the Muslims of Medina immediately began to discuss who would be the next leader. After some discussion, Umar grabbed Abu Bakr’s hands, giving him his allegiance.
The other Muslims followed suit and without any campaigning or politicking, Abu Bakr was made the leader. Two years later, Abu Bakr had fallen ill and he knew his time was near. He appointed Umar Ibn Al-Khattab as the next Caliph after him.
Ten years later, Umar was stabbed several times while in prayer. As he lay dying, he was encouraged to choose a successor.
Here is what Umar said:
Should I carry the burden of conducting your affairs in my life as well as in my death? I wish I could free myself in a way that there is neither anything to my credit nor anything to my discredit. If I would appoint my successor, one better than me did so. (He meant Abu Bakr.) If I would leave you alone, one better than me, i. e. the Messenger of Allah (may peace be upon him), did so.
Related in Sahih Muslim
Rather than directly choose a successor, Umar chose several of the major Sahabas (companions of the Prophet) and told them to choose from among themselves. Ultimately, Uthman Ibn Affan was chosen as the next Caliph.
Twelve years later, Uthman was assassinated and the Muslim world was thrown in turmoil. Ali Ibn Abi Talib was the next most obvious Caliph, but since many of his supporters came from the same groupthat assassinated Uthman, he could never consolidate his authority.
So while today Ali Ibn Abi Talib is recognized as the fourth Caliph, he never had full control of the entire Muslim world, and several major Sahabas refused to give him the bay’ah (pledge of allegiance).
What Does All This Mean?This shows that even with the best of our Ummah, the Four Righteous Caliphs, there was no consensus on how to choose the leader. Each and every one of the first four Caliphs of Islam became ruler in a different manner.

  • Abu Bakr was popular chosen.
  • Umar was appointed.
  • Uthmaan was chosen by committee.
  • Ali assumed leadership that never had full support or power.

After Ali was assassinated, Muawiyyah became the Caliph, so he kind of “won” the position by outlasting Ali. He appointed his son Yazid and from that point forward, it’s been hereditary rule.
So no one can say that any specific method of choosing the ruler is “haraam” unless it directly goes against some aspect of Quran and Sunnah.
In my opinion (and this is definitely my opinion, you can take it or leave it), it seems that Allah has left it up to us to choose our leader in whatever way best suits the needs and customs of our current situation.
Perhaps it’s best to look at how the Caliphate transitioned from Umar to Uthman.
How Uthman Became The CaliphAs mentioned earlier, Umar was stabbed several times while making the prayer by a disgruntled Christian Persian slave. Though he was reportedly stabbed with a poisoned knife, the attack didn’t kill him right away.
Instead, he lingered on for a few more days. It was clear that death was near so the people around him began to urge him to choose a successor. And you’ve already seen his response to them.
What he did instead was give the names of six of the major companions and told them to choose from among themselves the next Caliph. The six companions were:

  • Abdur Rahman Ibn Auf
  • Talhah Ibn Ubaidullah
  • Zubair Ibn Al-Awwam
  • Sa’d Ibn Abi Waqqas
  • Ali Ibn Abi Talib
  • Uthman Ibn Affan

Talhah was not in the area at the the time so he was not able to be part of the decision. Zubair, Sa’d, and Abdur Rahman all opted out.
That left Ali and Uthman as the last two willing to accept the position. Abdur Rahman Ibn Auf was chosen to manage to election and he ultimately chose Uthman Ibn Affan.
Some reports state that Abdur Rahman consulted with several other companions and tribal leaders before making his final decision.
Is This Democracy?The system Abdur Rahman Ibn Auf used to choose the Caliph is not what we would consider democracy today. But it is very close.
In the United States, the people indirectly choose the President via the electoral college (sorry, I don’t have enough time or energy to explain the process). The electoral college is usually chosen by the governor of the individual states.

The main issue most scholars have with the American system of voting is the one-man-one-vote idea. This gives every individual, both the derelict and the debutante, the same say in choosing the leader.
Many Muslims would be concerned about having any system that resembles a Western system and would cite the immorality of the west as the primary objection.
But this is overlooking something very important. Let’s use the United States as an example. The reason American morals are so wishy-washy has nothing to do with how the President is chosen.
It has everything to do with the document that governs the overall direction of the nation. All laws passed in the U.S. must be in accordance with the U.S. Constitution.
However, the Constitution is not a “moral” document.
It’s not a Quran or Bible.
It does not dictate the relationship between people.
It only dictates the relationship between the government and the people.
So if the people want to make something that was immoral and illegal before, moral and legal today (for example homosexuality), they simply choose the politicians who will do that. And there’s nothing in the Constitution to block that from happening.
In a Muslim nation there is an easy way to prevent our morals from decaying in the same fashion. Simply make sure the document that governs the nation dictates morality as well as politics.
Make the Quran your Constitution.

Re: The Constitution of Medina & Sharia

It will take a society of people who don't crave power. They fear responsibility over the glamour of authority. If society as a whole do not become like that then it will not work. World Society is currently in the age of consumerism and self-aggr an disement - I can't see any real changes happening until we leave consumerism.

Otherwise, we stick to the monarchy method - as it seems to be what current Muslims are most happy with in the Muslim world.

Re: The Constitution of Medina & Sharia

In most democratic countries the public have say in who makes these laws (laws can be repeal too...except religious laws). Anyways, my question still remains unanswered. Since, Prophet never said anything about Sharia or any of the 4 Khalifas, where did the concept of Sharia came from? And more importantly, it seems, Islam actually supports democracy over religious/Sharia laws than what most religious people would have us believe.

Re: The Constitution of Medina & Sharia

Democracy = method of choosing a leader/governing body

Sharia = religious law/constitution

Re: The Constitution of Medina & Sharia

The same thing i said that with the current environment it is not possible. However i was asking for a solution, say, how this world can be freed from consumerism.

anyway thanks.

Re: The Constitution of Medina & Sharia

de·moc·ra·cy
/diˈmäkrəsē/
Noun

A system of government by the whole population or all the eligible members of a state, typically through elected representatives.
A state governed in such a way.

sha·ri·a
/SHäˈrēə/.
Noun
Islamic law based on the teachings of the Koran and the traditions of the Prophet (Hadith and Sunna).

Sharia - Wikipedia, the free encyclopedia