The First Constitutional Agreement in History: The Charter of Madinah

This content is adapted from the book Islam Mustafa (عليه الصلاة والسلام) by Abu Hamzah Abdul Khaliq Siddiqi, with structured formatting and clear headings for easier reading.

❖ The Charter of Madinah: A Historic Milestone in Constitutional Governance​

To establish peace and order in Madinah, the Prophet Muhammad ﷺ accomplished a brilliant initiative known as "Mu’akhah" (Brotherhood) and instituted a treaty that dismantled tribal conflicts and outlawed pre-Islamic customs. This treaty, known as the Charter of Madinah, is recognized by renowned scholar Dr. Hamidullah as the world’s first written constitution, uniting diverse religious and tribal groups under a single civil framework aimed at justice, peace, and prosperity.

❖ Overview of the Charter's Articles​

As reported by Abu Muhammad ‘Abd al-Malik ibn Hisham, the charter includes 53 articles, beginning with:


“In the name of Allah, the Most Merciful, the Most Compassionate.”
This charter was established between the Prophet Muhammad ﷺ and the tribes of Quraysh and Yathrib, covering believers, allies, and those who join in their battles.

❖ Articles Establishing Muslim Unity and Justice​

1. All Muslims will be a single political entity (Ummah).
   2–10. Various tribes like Quraysh, Banu ‘Awf, Banu Harith, Banu Sa‘idah, etc., will pay blood money (diyah) and ransom captives according to their traditional practices to preserve justice and mutual aid among Muslims.

❖ Responsibilities Among Believers​

① The poor and indebted must be supported by fellow believers.
② No one may ally with another’s client without permission.
③ All believers will stand united against any transgressor.
④ No believer shall kill another for a disbeliever or support a disbeliever against a Muslim.
⑤ The protection of a believer is valid even if given by the lowest among them.
⑥ Jewish allies will have equal rights and must not be wronged.
⑦ Peace treaties must be uniform and inclusive.
⑧ War efforts will rotate to allow rest.
⑨ Collective responsibility for losses in the cause of Allah.
⑩ The righteous are on the most upright path.
⑪ No Muslim will protect the lives or property of Quraysh disbelievers.
⑫ Murderers will face qisas (retaliation) unless the victim’s heirs accept diyah (blood money).
⑬ No one should protect a troublemaker; doing so invites Allah’s curse.
⑭ Disputes must be referred to Allah and His Messenger ﷺ.

❖ Rights of Jewish Tribes​

Jewish tribes such as Banu ‘Awf, Banu Najjar, Banu Harith, Banu Sa‘id, Banu Jusham, Banu Aws, and others were granted equal status, autonomy in religious matters, and protection from injustice. They were accountable only for their own actions.

❖ Joint Security and Defense Commitments​

1. No party may engage in war without the Prophet ﷺ's permission.
2. Justice will be ensured for the injured and victims of violence.
3. Each group will bear its own military expenses.
4. All parties must assist one another in defense and consult mutually.
5. Wrongdoers are responsible for their own actions.
6. Participation in defense does not excuse from financial obligations.
7. Yathrib will be held as sacred and inviolable.
8. Protection granted to individuals must be honored by all.
9. Women may not be given refuge without family consent.
10. Disputes with potential for chaos must be referred to Allah and His Messenger ﷺ.
11. No asylum will be granted to the Quraysh or their allies.
12. Mutual defense is mandatory in the event of attack on Yathrib.
13. Invitations to peace must be reciprocated unless the conflict is purely religious.
14. Each tribe is responsible for its territory.
15. Jewish allies of Aws will have equal rights as other pact participants.
16. The covenant excludes unjust and sinful behavior.
17. Allah and His Messenger ﷺ support those who remain loyal to this agreement.