Piagam Madinah - Medina's Charter

mbhcsf

Assalamualaikum  semua,
Berikut saya paparkan article tulisan Prf Dr Shamrahayu Aziz - untuk renungan dan maklumat kita bersama.


Medina Charter's Important Contribution

Ditulis oleh Prof. Madya Dr. Shamrahayu Ab Aziz. Posted in The Star

Constitutionalism or constitutional government is the most well known system of state administration in the world today. Constitutionalism can be briefly described as adherence to the system of constitutional government. It is an ideology founded upon, especially, in a written  constitution. Most countries in the world has a written (codified) constitution. Only Britain, New Zealand and Israel have not written their constitutions. States (country) with unwritten (not codified) constitution, have convention (constitutional practice/custom) as their policy and administrative guidelines.

Constitution (written or unwritten) is defined as collection of rules governing a state (country) containing the principles or the system applicable in the state administration. The Constitution also manifests the state ideology and manifestos. The constitution creates the organs of government, that are executive, legislative and judiciary. The constitution gives them powers and limits their powers.

Thus, constitutional rules and principles or the constitutional system must not bestow upon the organs of government unlimited powers. The constitution must limit their powers and make them answerable to the people in all their actions. Thus, a government created by constitutional rules and principles is known as "limited government" or "constitutionalism". Consequently, one may say that the basic objective of constitutionalism is to limit the powers of the governmental organs.

In manifestation of constitutionalism, the modern theory develops the principles of separation of powers and promulgate the rule of law theory. Briefly, separation of powers indicates there must not be overlapping of powers, membership and institutions among this organs. For instance, a member of legislative must not exercise the power of executive and a member of execution must not exercise the power of a member of judiciary. Separation of powers theory also promotes judicial independence. Nonetheless, separation of powers theory in constitutionalism is not entirely possible in reality, especially in the British model. In reality, the overlapping is unavoidable. Meanwhile, rule of law is a basic concept in constitutionalism theory aiming at preserving and protecting fundamental rights of the people; avoiding abuse of powers and promoting equality and equitable principles.

mbhcsf

Madinah Charter can be taken as a model for Constitutionalism or limited government although separation of powers may not be the outstanding elements in the Charter. Madinah Charter does not exactly provide for a total separation of powers, but the values that the Charter introduced was a doctrine of limited powers (of organs or government). In addition, it is obvious in its provisions  that Madinah Charter is a Bill of Right of all Madinah inhabitants, disregards of their origins, race, tribes or religion.

Madinah Charter was written and promulgated by Prophet Muhammad for Madinah administration. Professor M. Hamidullah rightly claimed that it was the first written constitution in the world. This claim is uncontested as no other studies has shown of any earlier documented system of state administration having the values of limited government and rule of law. Thus, Madinah Charter can be said as a remarkable contribution to the modern constitutionalism principles which especially trivial in a modern nation state concept having multi-religious and multi-cultural subjects.


In modern sense Madinah Charter formulated a form of constitutionalism principle by acknowledging limited government and preserving, protecting and promoting human rights. It introduced the rule of law principles by upholding the rights and duties of all people and treat them equitably. Madinah Charter empowers the organs of government but at the same time preserved the rights of people within the ambit allowed and, as a matter of responsibility, people are obliged to be loyal to the state.

mbhcsf

The Madinah Charter was promulgated for a plural society, recognising the rights and duties of everyone, disregard of their religions and tribes. The Charter is the most outstanding example of a multi-ethnic, multi-religious and multi-cultural constitution introducing the theory of human rights and human duties towards his state. The Charter introduced a model of a nation state acknowledging the powers and the limits of powers of the organs government organs. In this respect, the Madinah Charter is a materialization of the verse in al-Quran which means "O people, We created you from the same male and female and rendered you into distinct peoples and tribes that you may recognize one another. The best of you in the sight of God is the most righteous."


Prof. Hamidullah rightly stated in his book The First Written Constitution, " … this new constitution … brought with it very important, and ... very revolutionary change and improvement, by providing the people with a central public institution for seeking justice, in place of everyone seeking it with the power of his own hand or, at best, that of his family. This epoch-making innovation … brought an end for all times to the chaos of tribalism and which laid the basis for a wider institution, viz a State."

mbhcsf

i wonder , siap ayg baca ni adakah  terfikir untuk berikan anak anak yg berusia 16 - 17 years old membacanya , especially yg muslim ?

apabila belajar Pendidikan Islam ?

berapa banyak yang nak terangkan ?

tapi bila KBAT - ini salah satu platform untuk  trained the mind to think

RamboMandul

An amazing document for humanity of all time and to the muslims of today in particular . Given the fact it is recognized as the first written "Constitution" and this was done over 1300 years ago , it most certainly deserves serious consideration and study .

mbhcsf

RamboMandul replied at 10-8-2016 06:26 PM
An amazing document for humanity of all time and to the muslims of today in particular . Given the f ...

if you are interested - contact IKIM - i think they are going to havelike public lectures on human rights embedded in the constituition etc on 6th september

can listen to radio ikim for this

RamboMandul

mbhcsf replied at 10-8-2016 08:27 PM
if you are interested - contact IKIM - i think they are going to havelike public lectures on human ...

For sure . Thank you mbhcsf .  

mbhcsf

RamboMandul replied at 10-8-2016 09:52 PM
For sure . Thank you mbhcsf .

my pleasure.
i mean if you are interested in islam there's a lot of public engaging venues held by IKIM etc.

get involved.

baulu

mbhcsf replied at 9-8-2016 05:27 PM
i wonder , siap ayg baca ni adakah  terfikir untuk berikan anak anak yg berusia 16 - 17 years old me ...

It is a waste of time actually. Klu nk dijadikan asas mengubah masyarakat sedia  ada la.

Kita ni kena make do what we have & cari jln jaga iman masing2 shj. Tapi, klu sekadar reminiscing the old times, boleh saja....

Kira prof yg tulis artikel ni boleh "bayangkanlah kalau..." saja.

mbhcsf

baulu replied at 12-8-2016 04:06 PM
It is a waste of time actually. Klu nk dijadikan asas mengubah masyarakat sedia  ada la.

Kita  ...

saya berpandangan sebaliknya - article ini menagsah kalau diberikan kepada students yg bijak  atau yg nak melatih kemahiran berfikir - banyak benda boleh difikirkan dalam pelbagai sudut. dari aspek penubuhan, implikasi kemanusiaan, ketamaduan masyarakat arab ketika itu.dan implikasi penglibatan rasulullah saw.


dari aspek akademik, dan penghayatan - reminiscing the past - penting jugak tu sebab sejarah ni sentiasa berulang , cuma zaman da bentuk berbeza.
contohnya imperialisme barat kuasa kuasa besar - yg kita belajar telah bertukar menjadi globalization so ...pada i bentuk berubah tapi ciri ciri tu ada...i

of course iman itu penting tapi menyebar ilmu juga satu pahal. boleh saja dapat pahala semudah ini saya rasa bagi penulsi article.

again , yep depends on how you see it.

baulu

Semasa PM berkuatkuasa, Islam berkuasa dan  yg beragama Islam bersatu & melalui perjanjian tersebut sekiranya berlaku perselisihan antara muhajirin & ansar merk berjanji akn kembali pada Quran & Rasul. Soalannya, mampukah umat islam Msia buat mcm ni?

Org islam & kafir(yahudi: coz perjanjian dgn yahudi sj) tak boleh bersikap assobiyah & melindungi pesalah. Tryla to take away hal2 berasaskan budaya  kaum yg tak selari dgn kaedah & syariat Islam kat Msia ni.

Dlm piagam, yg khianat pd perjanjian dihalau keluar Madinah. Org Islam pegang pd janji tp most yahudi khianat. Kat Msia  ni agak2 klu ada puak  cabar hal ehwal Islam ada ke tak peruntukan buang citizenship?

The best part dlm PM, kena ikut Quran & Rasul (sunnah). Haji Hadi table bill nk propose utk besarkan kuasa mahkamah syariah pun kecoh seMsia, termasuklah yg Islam. Nak tanam ciri2 Islam kat sekolah pun kecoh. Macam mana nk ikut Quran & Sunnah Msia ni?

baulu

mbhcsf replied at 12-8-2016 04:24 PM
saya berpandangan sebaliknya - article ini menagsah kalau diberikan kepada students yg bijak  atau ...

Sy merujuk artikel asal yg mcm letak PM ni on such a high pedestal, konon2 boleh bentuk masyarakat berbilang kaum etc.

Surah alHashr menceritakan peristiwa disebalik PM. Sy bukan mengkritik PM, tp merasakan penulis guna PM luar konteks, nak2 cuba mengaplikasi PM kat Msia ni.

Did you know, PM became void once Madinah achieved 100% muslim population?

mbhcsf

untuk menjawab persoalan persoalan yang diseleweangkan oleh musuh islam tentang fitnah terhadap nabi Muhammad saw sehingga sekarang berkeaan peperangan yg tercetus selepas peristiwa Hijrah - terutama dalam memahami konflik bani quraizah, qainuqaa dan Nadir .

ini kandungan PIAGAM MADINAH :

THE MEDINA CHARTER
622 C.E.

• This is a document from Muhammad the Prophet (may Allah bless him and grant him peace), governing relations between the Believers i.e. Muslims of Quraysh and Yathrib and those who followed them and worked hard with them. They form one nation - Ummah.

  The Quraysh Mohajireen will continue to pay blood money, according to their present custom.

  In case of war with any body they will redeem their prisoners with kindness and justice common among Believers. (Not according to pre-Islamic nations where the rich and the poor were treated differently).

  The Bani Awf will decide the blood money, within themselves, according to their existing custom.

  In case of war with anybody all parties other than Muslims will redeem their prisoners with kindness and justice according to practice among Believers and not in accordance with pre-Islamic notions.

  The Bani Saeeda, the Bani Harith, the Bani Jusham and the Bani Najjar will be governed on the lines of the above (principles)

  The Bani Amr, Bani Awf, Bani Al-Nabeet, and Bani Al-Aws will be governed in the same manner.

  Believers will not fail to redeem their prisoners they will pay blood money on their behalf. It will be a common responsibility of the Ummat and not of the family of the prisoners to pay blood money.

  A Believer will not make the freedman of another Believer as his ally against the wishes of the other Believers.

  The Believers, who fear Allah, will oppose the rebellious elements and those that encourage injustice or sin, or enmity or corruption among Believers.

  If anyone is guilty of any such act all the Believers will oppose him even if he be the son of any one of them.

  A Believer will not kill another Believer, for the sake of an un-Believer. (i.e. even though the un-Believer is his close relative).

  No Believer will help an un-Believer against a Believer.

  Protection (when given) in the Name of Allah will be common. The weakest among Believers may give protection (In the Name of Allah) and it will be binding on all Believers.

  Believers are all friends to each other to the exclusion of all others.

  Those Jews who follow the Believers will be helped and will be treated with equality. (Social, legal and economic equality is promised to all loyal citizens of the State).

  No Jew will be wronged for being a Jew.

  The enemies of the Jews who follow us will not be helped.

  The peace of the Believers (of the State of Madinah) cannot be divided. (it is either peace or war for all. It cannot be that a part of the population is at war with the outsiders and a part is at peace).

  No separate peace will be made by anyone in Madinah when Believers are fighting in the Path of Allah.

• Conditions of peace and war and the accompanying ease or hardships must be fair and equitable to all citizens alike.

  When going out on expeditions a rider must take his fellow member of the Army-share his ride.

  The Believers must avenge the blood of one another when fighting in the Path of Allah (This clause was to remind those in front of whom there may be less severe fighting that the cause was common to all. This also meant that although each battle appeared a separate entity it was in fact a part of the War, which affected all Muslims equally).

  The Believers (because they fear Allah) are better in showing steadfastness and as a result receive guidance from Allah in this respect. Others must also aspire to come up to the same standard of steadfastness.

  No un-Believer will be permitted to take the property of the Quraysh (the enemy) under his protection. Enemy property must be surrendered to the State.

  No un-Believer will intervene in favour of a Quraysh, (because the Quraysh having declared war are the enemy).

  If any un-believer kills a Believer, without good cause, he shall be killed in return, unless the next of kin are satisfied (as it creates law and order problems and weakens the defence of the State). All Believers shall be against such a wrong-doer. No Believer will be allowed to shelter such a man.

  When you differ on anything (regarding this Document) the matter shall be referred to Allah and Muhammad (may Allah bless him and grant him peace).

  The Jews will contribute towards the war when fighting alongside the Believers.

  The Jews of Bani Awf will be treated as one community with the Believers. The Jews have their religion. This will also apply to their freedmen. The exception will be those who act unjustly and sinfully. By so doing they wrong themselves and their families.

  The same applies to Jews of Bani Al-Najjar, Bani Al Harith, Bani Saeeda, Bani Jusham, Bani Al Aws, Thaalba, and the Jaffna, (a clan of the Bani Thaalba) and the Bani Al Shutayba.

  Loyalty gives protection against treachery. (loyal people are protected by their friends against treachery. As long as a person remains loyal to the State he is not likely to succumb to the ideas of being treacherous. He protects himself against weakness).

  The freedmen of Thaalba will be afforded the same status as Thaalba themselves. This status is for fair dealings and full justice as a right and equal responsibility for military service.

  Those in alliance with the Jews will be given the same treatment as the Jews.

  No one (no tribe which is party to the Pact) shall go to war except with the permission of Muhammed (may Allah bless him and grant him peace). If any wrong has been done to any person or party it may be avenged.

  Any one who kills another without warning (there being no just cause for it) amounts to his slaying himself and his household, unless the killing was done due to a wrong being done to him.

  The Jews must bear their own expenses (in War) and the Muslims bear their expenses.

  If anyone attacks anyone who is a party to this Pact the other must come to his help.

  They (parties to this Pact) must seek mutual advice and consultation.

• Loyalty gives protection against treachery. Those who avoid mutual consultation do so because of lack of sincerity and loyalty.

  A man will not be made liable for misdeeds of his ally.

  Anyone (any individual or party) who is wronged must be helped.

  The Jews must pay (for war) with the Muslims. (this clause appears to be for occasions when Jews are not taking part in the war. Clause 37 deals with occasions when they are taking part in war).

  Yathrib will be Sanctuary for the people of this Pact.

  A stranger (individual) who has been given protection (by anyone party to this Pact) will be treated as his host (who has given him protection) while (he is) doing no harm and is not committing any crime. Those given protection but indulging in anti-state activities will be liable to punishment.

  A woman will be given protection only with the consent of her family (Guardian). (a good precaution to avoid inter-tribal conflicts).

  In case of any dispute or controversy, which may result in trouble the matter must be referred to Allah and Muhammed (may Allah bless him and grant him peace), The Prophet (may Allah bless him and grant him peace) of Allah will accept anything in this document, which is for (bringing about) piety and goodness.

  Quraysh and their allies will not be given protection.

  The parties to this Pact are bound to help each other in the event of an attack on Yathrib.

  If they (the parties to the Pact other than the Muslims) are called upon to make and maintain peace (within the State) they must do so. If a similar demand (of making and maintaining peace) is made on the Muslims, it must be carried out, except when the Muslims are already engaged in a war in the Path of Allah. (so that no secret ally of the enemy can aid the enemy by calling upon Muslims to end hostilities under this clause).

  Everyone (individual) will have his share (of treatment) in accordance with what party he belongs to. Individuals must benefit or suffer for the good or bad deed of the group they belong to. Without such a rule party affiliations and discipline cannot be maintained.

  The Jews of al-Aws, including their freedmen, have the same standing, as other parties to the Pact, as long as they are loyal to the Pact. Loyalty is a protection against treachery.

  Anyone who acts loyally or otherwise does it for his own good (or loss).

  Allah approves this Document.

  
  

This document will not (be employed to) protect one who is unjust or commits a crime (against other parties of the Pact).

• Whether an individual goes out to fight (in accordance with the terms of this Pact) or remains in his home, he will be safe unless he has committed a crime or is a sinner. (i.e. No one will be punished in his individual capacity for not having gone out to fight in accordance with the terms of this Pact).
• Allah is the Protector of the good people and those who fear Allah, and Muhammad (may Allah bless him and grant him peace) is the Messenger of Allah (He guarantees protection for those who are good and fear Allah).
  

--------------------------------
This text is taken from A. Guillaume, The Life of Muhammad — A
Translation of Ishaq's Sirat Rasul Allah, Oxford University Press,
Karachi, 1955; pp. 231-233. Numbering added.

mbhcsf

Medina Charter was created based on Holy Koran and Sunnah. Therefore the Holy Koran and Sunnah are the source of state law. The charter also was an instrument to unite the nation and a signed of a state sovereignty. Other principles that contain in the charter were; Freedom of movement and the right to live in Medina, rights and duties in terms of defending and maintaining the State. It also provide good relations and mutual help among all citizens and individual responsibility and government duty in upholding social justice. Some security laws such as penalties and so forth have been listed as Qisas. Religious freedom was also guarantee and the responsibility of states to non-Muslims. It also stated the duty of all parties toward bringing and upholding peace in the State.

http://notesinhistory.blogspot.c ... tar-al-madinah.html

baulu

mbhcsf replied at 14-8-2016 02:22 AM
http://notesinhistory.blogspot.co.uk/2013/08/the-medina-charter-dustar-al-madinah.html

Sy selalu dgr prof sham ni kat ikim. I believe this  article is a watered down version of what she would have normally said.

Anyway, bg org yg pro PM dan begitu menginginkan Malaysia ni tiru sikit walau tak semua PM, depa agak delusional. Main element PM adalah berasaskan Quran & Rasul. Klu kat Malaysia ni berasaskan Perlembagaan Malaysia. Mana nak jalan?

Sy pernah bersembang dgn org agama yg arif sirah nabi dan undang2 Msia. Nanti sy share, points dia klu nak tiru PM.

Here they are:

1. Umara-ketua org islam yg berpengaruh.
2. Undang2 dan perundangan islam telah berjalan.
3. Tanah2 milik org islam yg dibeli oleh org kafir perlu di beli semula dgn harganya.
4. Seluruh wilayah dan negeri menjadi 1.

mbhcsf

baulu replied at 12-8-2016 05:26 PM
Sy merujuk artikel asal yg mcm letak PM ni on such a high pedestal, konon2 boleh bentuk masyarakat ...

Itu tfsirn u. I nmpk ush murni beliau tu, klu dngr rdio ikim smlm tjk demystify liberalism n pluralism. I x nk ckp sentiment, sbb kita de revision of upr next yr, itu yg mesej utm on this rencn.


Sybs pm shmrhy dlm dkwh on hudud lws n terngkn pd kumpuln ssrn. Bgus tu dkwh.

mbhcsf

baulu replied at 14-8-2016 09:37 AM
Sy selalu dgr prof sham ni kat ikim. I believe this  article is a watered down version of what s ...

Kt mn pm shmryu ckp nk tukr constitution? My be i lps pndng? I bc sbg st  guidelines nk nytkn islm tu dh idea benda ni.


Tp tulh tfsirn boleh memcm.

baulu

mbhcsf replied at 14-8-2016 12:15 PM
Kt mn pm shmryu ckp nk tukr constitution? My be i lps pndng? I bc sbg st  guidelines nk nytkn islm ...

Dia tak pernah kata nk tukar constitution, dia pun realistic. Kekangan yg ada, hanya boleh make do with what we have.

Maybe klu you dgr dia secara live, dengar recording yg lama2,boleh perasan how much she wished Msia boleh implement undang2 Islam nation wide, ke atas semua warganegara.

Cuma sy rasa this particular article is so not her, if all her shows were taken into consideration.

Her fav words, "alangkah", "bayangkan", harmonisation between shariah & civil laws.

Abangcute

Bagi pandangan saya, bila ada permintaan dan kehendak, barulah mudah merubah sesuatu yg mahu direncanakan. Dan bila wujud persepsi disebalik apa yg mahu direncanakan, maka pastinya disebabkan oleh sesuatu yg ditakuti mengganggu-gugat kepentingan disebalik kehendak sebenar2nya. Mencetuskan sesuatu yg mahu direncanakan perlu kepada memahami keseluruhan perkara yg "menjelaskan" dan bukan pula "menindas". Menerapkan adab antara kaedah terbaik SEBELUM mengusulkan apa yg direncanakan.

Mungkin bagi kita, apa yg mahu direncanakan itu baik, akan tetapi ianya boleh menjadi sebaliknya sekiranya adab tidak diterapkan.

Dizaman ini, kepentingan memupuskan adab. Bagi saya pula, pihak IKIM pun tidak menyedari hakikat yg sebenar2nya berlaku sebelum mengusulkan sesuatu yg mahu direncanakan.

baulu

mbhcsf replied at 14-8-2016 12:15 PM
Kt mn pm shmryu ckp nk tukr constitution? My be i lps pndng? I bc sbg st  guidelines nk nytkn islm ...

Itula, klu sekadar reminiscing old time, sy setuju usaha beliau utk cerita balik mengenai PM ni. Islam mmg pioneer bab ni. Tapi tu dulu. Bagi sy, sesiapa yg berani nk berckp ttg "emulating PM" dia mestilah berani berkata utk "ubah constitution" or else apa yg dikata atau ditulis hanya angan2 mat jenin atau boleh letak tepi.

For whatever other purposes, sy takut ia backfire. Sy mrmbandingkan apa yg artikel2 sejarawan atau akademik bercerita ttg PM dgn apa yg ahli agama ulas ttg PM. Apa yg ditulis dlm artikel2 ibarat nak menyedapkan hati semua pihak.

Think like your enemies.... klu bab mempertahakan hal2 Islam utk Malaysia khususnya sy suka how Nasir Disa argued. La ni dia dah dato or prof or something. When he was a mere encik kelassss style dia. La ni x tau la mcm mana.