Question:
Answer:
The Madinah constitution
Immigration to Madinah wasn’t only to escape the oppression but it also constituted a sort of cooperation with the aims of erecting the pillars of a new society in a secure place. Therefore it was compulsory upon every capable Muslim to contribute in establishing this new homeland. Nabi SAW had to deal with three types of people.
1. His companions.
2. The Madinite tribes who were polytheists that didn’t yet believe.
3. The Jews.
1. The companions had a different life in Madinah compared to Makkah. In Makkah they use to strive for one corporate target, but physically, they were scattered, overpowered and abandoned. They were helpless in terms of pursuing their new course of orientation. Their means, socially and materially, fell short of establishing a new community. In parallel lines, the Makkan chapters of the noble Qur’an were confined to describing the Islamic principles establishing legislations pertaining to believers individually and enjoining good and piety and forbidding evils and vices.
In Madinah things were different. Everything rested in their hands. They were at ease and were able to handle the challengers of civilization, construction, means of living, economics, politics, government administration, war and peace, classification of the questions of the allowed and prohibited, ethic and all relevant issues. In short, they were in Madinah at full liberty to erect the pillars of a new Muslim community not only totally different from that pre Islamic code of life, but also distinctive in its features in the world as a whole. No doubt, the construction of a society that runs in line with this type of ethics could not be accomplished overnight, within a month or a year. It required a long time to build during which legislation and legalisation were run gradually in a complementary process with mind cultivation, training and education. Allah the All Knowing of course undertook legislation, and His Prophet SAW the explanation, implementation and reformation.
2. The purely Madinite polytheists constituted the second sector with whom the Prophet SAW had to deal. They had no control at all over the Muslims, but were rather doubtful of their ancestors’ religious practices, and developed some inclination towards Islam and before long they embraced the new faith and were truly devoted to Allah. However some harboured hatred toward the Prophet SAW and his religion, simply because the Prophet SAW’s arrival denied them leadership.
3. The Jews in short, were good at everything, good and bad, from trade to fortune telling, earning money to witchcraft. They hated the new changes because the prophet was not of their race. Also, Islam brought with it the spirit of brotherhood, which forbade evil and enjoined good, whereas the Jews were masters at scheming and creating enmity.
When Nabi SAW arrived in Madinah the Muslims were the minority, and trade etc. were in the hands of the Jews. Therefore Nabi SAW formed a pact with them by which both nations could practice their religion and principles freely, and in case of an invasion by a third party, they will defend themselves as one army.
When the Jews went against this agreement, and started harming the Muslims on an individual bases, and started criticising Nabi SAW, and did not side with the Muslims at the battle of Badr and Uhud, but rather they sided with the Mushriks at Khandaq, then Nabi SAW waged war against them and destroyed their powers because of their betrayal. They then became the enemies of Islam and it became difficult to live with them.
In order to implement the constitution of Islam the first task that Nabi SAW undertook was the building of a Masjid. Thereafter he cemented the ties of mutual brotherhood. The Prophet SAW attached to that brotherhood a valid contract; it was not just meaningless words, but rather a valid practice relating to blood and wealth.
The atmosphere of brotherhood created a spirit of selflessness infused deeply in the hearts of His followers, and produced very healthy results. For example Sa’aad bin Ar- Rab’i was ready to give Abdur Rahmaan bin Awf half of his wealth and one of his wives. However Abdur Rahmaan refused and wished to earn his wealth through hard work and sweat.
Just as the Prophet SAW established a code of brotherhood among the believers, so to he was keen on establishing friendly relations between the Muslims and non Muslim tribes of Arabia. He established a sort of treaty aiming at ruling out all pre Islamic enmities and intertribal hostilities. He was so careful not to leave any area in the charter that would allow pre Islamic tradition to creep in or violate the new environment he wished to establish.
With this wisdom and intellect the Prophet SAW erected the pillars of the new society. The phenomenon no doubt left its mark on the virtuous Muslims. He use to bring them up in the light of Islamic education, He sanctified their souls, enjoined them to observe righteousness and praiseworthy manners and was keen on infusing into them ethics of good relations honour, nobility, worship, and first and foremost obedience to Allah and His Messenger SAW. Some of the tasks assigned to the individual was, to greet all those he knew and didn’t know, maintain ties of kinship, maintain good relation with neighbours, beware not to harm anyone, feel for the person in need, don’t fight, harbour hatred, be jealous etc. the Prophet SAW also promoted the habit of not asking others unless one is totally helpless.
These are the attributes and qualities on the basis that the Prophet SAW wanted to build a new society, the most wonderful and honourable society ever known to history. On these grounds he strove to resolve the longstanding problems, and later gave mankind the chance to breathe a sigh of relief after a long and exhausting journey in dark and gloomy avenues. Such lofty morale lay at the very basis of creating a new society with integrated components immune to all fluctuations of time and powerful enough to change the whole course of humanity.
* We believe that Islam is a complete and true religion, and in following it lays the salvation of mankind. Therefore where ever the Muslims are the majority and have the right to govern, then it is incumbent to give preference to Islamic law. The non Muslim minority should be given their civil and religious right as long as it doesn’t clash with the running of the Islamic way, and as long as they do not propagate their religion. In comparison to our constitution it is obvious that the constitution of Nabi SAW is superior because it is a constitution based on divinity, i.e. Qur’an and Hadith. There is no comparison. Whatever is in the Qur’an and Hadith can only benefit mankind at large, and is sufficient to produce excellent societies.
* The government of South Africa preaches democracy. It is one of the only governments to actually practice what they preach. Their allowing religious rights extend to all religions and not only Islam. Democracy may not be totally correct, but it has its advantages and one of those advantages is us being able to practice and propagate our religion freely and openly. South Africa has a majority of non Muslims and it is a non Muslim country, therefore the current laws suites us just fine; and we can call it just, because they have allowed the Muslims all their civil and religious rights.
And Allah Ta’ala knows best
Shaakir bin Moulana Yaseen Rahim
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
24 August 2006
29 Rajab 1427