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Constitution of Medina
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Constitution of Medina : ウィキペディア英語版
Constitution of Medina
The Charter of Medina or of Yathrib ((アラビア語:صحيفة المدينة), ''Ṣaḥīfat al-Madīnah''; or: , ''Mīthāq al-Madīnah''), also known as the Constitution of Medina or of Yathrib (, ''Dastūr al-Madīnah''), was drafted by the Islamic prophet Muhammad shortly after his arrival at Medina (then known as ''Yathrib'') in 622 CE〔 argues that the initial agreement was shortly after the hijra and the document was amended at a later date specifically after the battle of Badr (AH (hijra ) 2, = AD 624). Serjeant argues that the charter is in fact 8 different treaties which can be dated according to events as they transpired in Medina with the first treaty being written shortly after Muhammad's arrival (R. B. Serjeant. "The Sunnah Jâmi'ah, Pacts with the Yathrib Jews, and the Tahrîm of Yathrib: Analysis and Translation of the Documents Comprised in the so called 'Constitution of Medina'." in ''The Life of Muhammad: The Formation of the Classical Islamic World'': Volume iv. Ed. Uri Rubin. Brookfield: Ashgate, 1998, p. 151 and see same article in BSOAS 41, 1978: 18 ff). See also and who argue that the document is a single treaty agreed upon shortly after the hijra. Wellhausen argues that it belongs to the first year of Muhammad’s residence in Medina, before the battle of Badr in 2/624. Wellhausen bases this judgement on three considerations; first Muhammad is very diffident about his own position, he accepts the Pagan tribes within the Umma, and maintains the Jewish clans as clients of the Ansars see Wellhausen, Excursus, p. 158. Even Moshe Gil a skeptic of Islamic history argues that it was written within 5 months of Muhammad's arrival in Medina. Moshe Gil. "The Constitution of Medina: A Reconsideration." ''Israel Oriental Studies'' 4 (1974): p. 45.〕 (or 1 AH), following the Hijra from Mecca.
The preamble declares the document to be "a book () of the prophet Muhammad to operate between the believers () and Muslims from the Quraysh tribe and from Yathrib and those who may be under them and wage war in their company" declaring them to constitute "one nation (HREF="http://www.kotoba.ne.jp/word/11/ummah" TITLE="ummah">ummah wāḥidah'' ) separate from all peoples". The constitution established the collective responsibility of nine constituent tribes for their members actions, specifically emphasising blood money and ransom payment. The first constituent group mentioned are the Qurayshi migrants, and then eight other tribes. Eight Jewish groups are recognized as part of the Yathrib community, and their religious separation from Muslims is established. The Jewish Banu Ash shutbah tribe are inserted as one of the Jewish groups, rather than with the nine tribes mentioned earlier in the document. The constitution also established Muhammad as the mediating authority between groups and forbids the waging of war without his authorization.
The constitution formed the basis of a multi-religious Islamic state in Medina.〔See:
*Reuven Firestone, ''Jihād: the origin of holy war in Islam'' (1999) p. 118;
*"Muhammad", ''Encyclopedia of Islam Online''〕
The constitution was created to end the bitter inter-tribal fighting between the rival clans of Banu Aws and Banu Khazraj in Medina,〔 and to maintain peace and cooperation among all Medinan groups. Establishing the role of Muhammad as the mediating authority between these two groups and all others in Medina was central to the ending of Medinan internal violence and was an essential feature of the constitution. The document ensured freedom of religious beliefs and practices for all citizens who "follow the believers". It assured that representatives of all parties, Muslim or non-Muslim, should be present when consultation occurs or in cases of negotiation with foreign states. It declared "a woman will only be given protection with the consent of her family", and imposed a tax system for supporting the community in times of conflict. It declared the role of Medina as a ''ḥaram'' (, "sacred place"), where no blood of the peoples included in the pact can be spilled.
The division of the constitution into numbered articles is not in the original, and therefore numbering of clauses differs in different sources.
==Background==
In Muhammad's last years in Mecca, a delegation from Medina, consisting of the representatives of the twelve important clans of Medina, invited him as a neutral outsider to Medina to serve as the chief arbitrator for the entire community.〔Watt, ''The Cambridge History of Islam'', p. 39〕〔Esposito (1998), p. 17.〕 There was fighting in Medina mainly involving its pagan and Jewish inhabitants for around a hundred years before 620. The recurring slaughters and disagreements over the resulting claims, especially after the Battle of Bu'ath in which all the clans were involved, made it obvious to them that the tribal conceptions of blood-feud and an eye for an eye were no longer workable unless there was one man with authority to adjudicate in disputed cases.〔 The delegation from Medina pledged themselves and their fellow-citizens to accept Muhammad into their community and physically protect him as one of themselves.〔Alford Welch, ''Muhammad'', Encyclopedia of Islam
After emigration to Medina, Muhammad drafted the Charter of Medina, "establishing a kind of alliance or federation" among the eight Medinan tribes and Muslim emigrants from Mecca, which specified the rights and duties of all citizens and the relationship of the different communities in Medina (including that of the Muslim community to other communities, specifically the Jews and other "Peoples of the Book").〔

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