Qabeelat Tayybahtheir hatred towards <strong>Islam</strong> and when he lost the hope <strong>of</strong> their embracing <strong>Islam</strong>, he ordered that theyshould be brought back in audience. (When they returned) he said, 'What already said was just to testthe strength <strong>of</strong> your conviction and I have seen it.' The people prostrated before him and becamepleased with him, and this was the end <strong>of</strong> Heraclius's story (in connection with his faith)” (alBukhari).* Our present situation is similar to the Andalusian period. After the collapse <strong>of</strong> the large <strong>Islam</strong>ic state in Spain,Muslims lived under non-<strong>Islam</strong>ic authority (Mudajar).Examples for the First Codes <strong>of</strong> Law:1. First Constitution (Appendix I)• The Prophet (Peace be upon him) had to deal with many different factions <strong>of</strong> Medinah (Mushriks, Jews,Christians, etc.)• Political issues propelled the Prophet (Peace be upon him) to become a political leader.• Two different cultures also had to be accommodated: Aws and Khazraj tribes.• The constitution had to accommodate and deal with all <strong>of</strong> these issues.THE TEXT OF THE CHARTER OF ISLAMIC ALLIANCE(With commentary indented)In the Name <strong>of</strong> Allah, the Most Beneficent, the Most Merciful.This is a document from Muhammad the Messenger <strong>of</strong> Allah (Peace be upon him), concerning Muhajireen(Emigrants) and Ansar (Helpers) and those who followed and strove with them.1. They are one nation to the exclusion <strong>of</strong> other people.- This refers to Muslims and the establishment <strong>of</strong> the <strong>Islam</strong>ic state.- The Jews expected a Prophet to come from their people, but he came from the Arabs, so the Jewsrefused to accept him and <strong>Islam</strong>.2. The Emigrants <strong>of</strong> Quraysh unite together and shall pay blood money among themselves, and shall ransomhonorably their prisoners. Every tribe <strong>of</strong> the Helpers unites together, as they were at first, and every sectionamong them will pay a ransom for acquitting its relative prisoners.- <strong>Islam</strong> did not come to eliminate culture or change people’s identities.3. Believers shall not leave anyone destitute among them by not paying his redemption money or blood moneyin kind.4. Whoever is rebellious or whoever seeks to spread enmity and sedition, the hand <strong>of</strong> every God-fearingMuslim shall be against him, even if he be his son.5. A believer shall not kill another believer, nor shall support a disbeliever against a believer.6. The protection <strong>of</strong> Allah is one (and is equally) extended to the humblest <strong>of</strong> the believers.- A Muslim must always honor another Muslim’s protection <strong>of</strong> an individual.- 'Abdur-Rahman bin 'Auf narrated: “I got an agreement written between me and Umaiya binKhalaf that Umaiya would look after my property (or family) in Mecca and I would look after hisTCE Notes Revolution 16
Qabeelat Tayybahin Medina. When I mentioned the word 'Ar-Rahman' in the documents, Umaiya said, "I do notknow 'Ar-Rahman.' Write down to me your name, (with which you called yourself) in the PrelslamicPeriod <strong>of</strong> Ignorance." So, I wrote my name ' 'Abdu 'Amr'. On the day (<strong>of</strong> the battle) <strong>of</strong>Badr, when all the people went to sleep, I went up the hill to protect him. Bilal(1) saw him (i.e.Umaiya) and went to a gathering <strong>of</strong> Ansar and said, "(Here is) Umaiya bin Khalaf! Woe to me ifhe escapes!" So, a group <strong>of</strong> Ansar went out with Bilal to follow us ('Abdur-Rahman and Umaiya).Being afraid that they would catch us, I left Umaiya's son for them to keep them busy but theAnsar killed the son and insisted on following us. Umaiya was a fat man, and when theyapproached us, I told him to kneel down, and he knelt, and I laid myself on him to protect him,but the Ansar killed him by passing their swords underneath me, and one <strong>of</strong> them injured my footwith his sword” (alBukhari).- Bilal was rebuked because he did not honor the protection <strong>of</strong> another Muslim.- Narrated Sa'd ibn AbuWaqqas:- On the day <strong>of</strong> the conquest <strong>of</strong> Mecca, Abdullah ibn Sa'd ibn AbuSarh hid himself with Uthmanibn Affan. He brought him and made him stand before the Prophet (peace_be_upon_him), andsaid: Accept the allegiance <strong>of</strong> Abdullah, Apostle <strong>of</strong> Allah! He raised his head and looked at himthree times, refusing him each time, but accepted his allegiance after the third time. Then turningto his companions, he said: Was not there a wise man among you who would stand up to himwhen he saw that I had withheld my hand from accepting his allegiance, and kill him? They said:We did not know what you had in your heart, Apostle <strong>of</strong> Allah! Why did you not give us a signalwith your eye? He said: It is not advisable for a Prophet to play deceptive tricks with the eyes.(abu Dawood)- Zaynab, the daughter <strong>of</strong> the Prophet (Peace Be Upon Him) gave protection to her husband when he gotcaptivated as a mushrik in the battle <strong>of</strong> badr.151456لما بعث أهل مكة في فداء أسراهم بعثت زينب بنت رسول االله صلى االله عليه وسلم في فداء أبي العاص بن الربيع بمال وبعثت فيه بقلادة لهاآانت خديجة أدخلتها بها على أبي العاص حين بنى عليها قالت فلما رآها رسول االله صلى االله عليه وسلم رق لها رقة شديدة وقال إن رأيتم أنتطلقوا لها أسيرها وتردوا عليها مالها فافعلوا فقالوا نعم يا رسول االله فأطلقوه وردوا عليها الذي لها-----الراوي :عائشةخلاصة الدرجة :إسناده حسنالمحدث :الألبانيالمصدر :إرواء الغليلالصفحة أو الرقم : 5/437. The believers are supported by each other.8. Whosoever <strong>of</strong> the Jews follows us shall have aid and succor; they shall not be injured, nor any enemy beaided against them.- Treated as members <strong>of</strong> the state.9. The peace <strong>of</strong> the believers is indivisible. No separate peace shall be made when believers are fighting in theway <strong>of</strong> Allah. Conditions must be fair and equitable to all.- Unified status- Cannot abandon Muslims in battle10. It shall not be lawful for a believer, who holds by what is in this document and believes in Allah and theDay <strong>of</strong> Judgment to help a criminal nor give him refuge. Those who give him refuge and render him shallhave the curse and and anger <strong>of</strong> Allah on the Day <strong>of</strong> Resurrection. Their indemnity is not accepted.11. Whenever you differ about a matter, it must be referred to Allah and to Muhammad (Peace be upon him).- The Jewish community also had to refer to Allah and the ProphetTCE Notes Revolution 17