In Madinah Munawwarah, for the establishment of peace and security, the Noble Messenger ﷺ accomplished a radiant feat known as “Mu’akhah” (Brotherhood). Similarly, another covenant was established through which the entire foundation of ignorance and tribal conflicts was laid to rest, leaving no room for the customs and traditions of the age of ignorance. This was the world’s very first written constitution that united tribes and communities of different religions under one system for the best purposes of humanity. It mentions placing every group on the path of collective peace, tranquility, construction, and development while protecting all legitimate rights of each group. No legislative reformer can present such a rights framework. The renowned researcher Dr. Hamidullah Haiderabadi (may Allah have mercy on him) rightly declared it the world’s very first written constitution.
Articles of the First Constitution:
Abu Muhammad Abdul Malik bin Hisham has mentioned its (53) clauses, which are as follows:
بسم الله الرحمن الرحيم
This constitutional agreement is between Allah’s Prophet Muhammad (peace be upon him) and the people of Quraysh and Yathrib who are believers, obedient, who follow them, who join them, and who participate with them in war.
1: All these Muslims will be a separate political unity (Ummah) compared to other people.
2: The Qurayshi Muhajirun will pay blood money and ransom their prisoners according to the pre-Islamic constitution, so that the mutual conduct of the believers is based on goodness and justice.
3: The people of Banu Awf will pay blood money and ransom their prisoners according to their constitution, so that the conduct among the believers is firmly based on goodness and justice.
4: Banu Harith will be bound to pay blood money and ransom their prisoners according to their constitution, so that the mutual relations of the believers are established on goodness and justice.
5: Banu Sa’id will be responsible for paying blood money and ransoming their group’s prisoners according to their constitution, so that the relations among the believers are based on goodness and justice.
6: Banu Jusham will pay blood money and ransom their prisoners according to their constitution, so that a spirit of mutual goodwill and benevolence based on goodness and justice is established among the Muslims.
7: Banu Najjar will pay blood money and be responsible for paying ransom for the release of their prisoners according to their constitution, so that the mutual bonds of the believers are strengthened on the basis of goodness and justice.
8: Banu Amr bin Awf will be bound to pay blood money and ransom their prisoners according to their constitution, so that the mutual trust of the believers is firmly based on goodness and justice.
9: Banu Nabit will be responsible for paying blood money and ransoming their group’s prisoners according to their constitution, so that the mutual interaction of the believers reflects goodness and justice.
10: Banu Aws will pay blood money and ransom their prisoners according to their constitution, so that the mutual conduct of the believers is based on goodness and justice.
Responsibilities of the Faithful:
1 : If any person among the believers is poor and destitute or heavily burdened with debt, then his believing friends must necessarily provide assistance so that his right of blood money or ransom can be properly paid.
2 : No Muslim will make a contract with another Muslim’s guardian (contractual brother) without the permission of that Muslim.
3 : The pious and the believers will unite in opposition against anyone who commits rebellion, oppression, injustice, and sin. All the believers will raise their hands together against such a person, even if he is the son of one of them.
4 : No believer will kill another believer in exchange for a disbeliever, nor will any disbeliever be aided against a believer.
5 : Allah’s responsibility and covenant is one. Even a minor member of the Muslims can impose restrictions on everyone by granting asylum to a person. The believers are brothers among themselves compared to others.
6 : Those Jews who participate in this covenant will have equal status. No oppression will be done against such people, nor will anyone be aided against them.
7 : The peace of the Muslims will be one. At the time of war in the way of Allah, no Muslim will make peace with the enemy leaving other Muslims, and this peace should be equal and uniform for all Muslims.
8 : All groups who participate with us in the war will be given rest in turn.
9 : The believers will collectively take revenge for any loss of life they suffer in the way of Allah.
10 : Indeed, the pious believer is on the best and straightest path.
11 : No Muslim participating in this covenant will grant asylum to the polytheists of Quraysh regarding their wealth and lives, nor will he create obstacles for any Muslim in this matter.
12 : Whoever kills a believer, upon proof, will be subject to Qisas (retribution). However, if the heir of the deceased agrees to accept blood money, the killer can avoid Qisas. It will be obligatory for all believers to stand up for the Qisas of the deceased. No other option will be permissible for them.
13 : It will not be permissible for any Muslim who has accepted this covenant and believes in Allah and the Hereafter to grant asylum to a person who spreads rumors and incites discord. Whoever supports or shelters such a person will be deserving of Allah’s curse and wrath on the Day of Judgment, where no ransom or gift will be accepted.
14 : When a dispute arises among those who abide by this covenant, they will refer to Allah and His Messenger Muhammad (peace be upon him).
Rights of the Jews:
1: As long as the Jews continue to fight alongside the Muslims, they will bear their share of the war expenses themselves.
2: The Jews of Banu Auf will be considered a political unity with the Muslims. Jews are entitled to remain in their religion, and Muslims in theirs, whether they are clients (Mawali) or original members, but those who commit oppression and crime will not bring trouble upon anyone except themselves and their families.
3: The Jews of Banu Najjar will have the same rights as the Jews of Banu Auf.
4: The Jews of Banu Harith will have the same rights as the Jews of Banu Auf.
5: The Jews of Banu Saad will also have the same rights as the Jews of Banu Auf.
6: The Jews of Banu Jusham will also have the same rights as the Jews of Banu Auf.
7: The Jews of Banu Aws also have the same rights as the Jews of Banu Auf.
8: The Jews of Banu Tha’labah will also be entitled to the same rights as the Jews of Banu Auf, but whoever commits oppression and crime will bear the trouble and burden only upon themselves and their family.
9: Jafna is a branch of Banu Tha’labah, therefore the rights of the Jews of Jafna will be equal to the rights of the Jews of Banu Tha’labah.
10: In the case of rebellion, the rights of the Jews of Banu Shutbah will be the same as those of the Jews of Banu Auf.
11: The rights of the clients (Mawali) of Banu Tha’labah will be the same as those of the original members.
12: All clients (Mawali) of the Jews will have the same rights as the original members.
Joint Responsibilities of Establishing Peace and Defense:
1: No party to the agreement is authorized to wage war or set out with the intention of war against anyone without the permission of Muhammad, peace be upon him.
2: There will be no obstruction in taking revenge for a wound. The responsibility for the bloodshed will lie on the individual and his household. Allah is with the oppressed.
3: The Jews will be responsible for their own expenses, and the Muslims will be responsible for their own expenses.
4: If any party to this agreement wages war against another, all participants will assist each other. They will consult among themselves, adopt an attitude of goodwill and loyalty towards one another, and avoid breach of the covenant.
5: No person will be held responsible for the misconduct of an ally. The oppressed will be helped in every situation.
6: As long as the Jews fight alongside the Muslims, they will bear their own war expenses.
7: The land of Yathrib will be sacred and respected for all parties to the agreement.
8: The one who seeks asylum will be treated the same as the one granting asylum; neither will be harmed nor will either breach the covenant.
9: No woman will be granted asylum without the permission of her family members.
10: If any new issue, matter, or dispute arises among the individuals or groups party to this agreement that may cause discord and strife, reference will be made to Allah and Muhammad (peace be upon him). Whatever is written in this document of the covenant is pleasing in the sight of Allah, and He desires that it be observed with full caution and loyalty.
11: Neither the Quraysh nor any of their supporters will be granted asylum.
12: In the event of an attack on Yathrib, the parties to the agreement, i.e., Muslims and Jews, must assist each other.
13: If the Jews are invited to make peace and participate in it, they will accept it. Similarly, if the Jews invite the Muslims to participate, it will be obligatory for them to accept it, but this will not apply to a war purely for religion.
14: Every person and group party to the agreement will be responsible for the part of Yathrib that is opposite or in front of them.
15: The Jews of Aws, whether freedmen or original members, will have the same rights as those who accept this agreement.
16: The unjust and the wrongdoer are not included in the command of this covenant. Both those who go out to fight and those who remain at home will have their rights.
17: Allah is the protector and guardian of the one who is sincere and truthful in this pledge and covenant. The Messenger of Allah, peace be upon him, is also its protector.
