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The first written constitution of the world by Dr. Muhammad Hamidullah

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12 <strong>The</strong> First Written Constitution <strong>by</strong>: <strong>Dr</strong>. <strong>Muhammad</strong> <strong>Hamidullah</strong><br />

this authority and <strong>the</strong> autocratic royal authorities <strong>of</strong> o<strong>the</strong>r countries<br />

was that materialism had no part to play here. <strong>The</strong> Holy<br />

‏(ﷺ)‏Prophet introduced moral elements in politics. He regarded<br />

God as <strong>the</strong> source <strong>of</strong> authority and considered himself as His<br />

messenger and agent; and alongside with this he declared <strong>the</strong><br />

command and injunctions ordained for <strong>the</strong> people as equally<br />

applicable to his own self. And in view <strong>of</strong> very many cases <strong>of</strong> civil<br />

and tort nature brought against his holy person in his own<br />

lifetime 17 , we can say that Islam rejected <strong>the</strong> <strong>the</strong>ory that “<strong>the</strong> King<br />

can do no wrong.” And since <strong>the</strong> most powerful man in <strong>the</strong> state<br />

could not violate <strong>the</strong> laws at will, o<strong>the</strong>r <strong>of</strong>ficials and <strong>the</strong> people in<br />

general naturally observed <strong>the</strong>m with greater care.<br />

This document has two distinct parts:<br />

In <strong>the</strong> <strong>first</strong> part <strong>the</strong>re are twenty-five clauses which were counted<br />

as 23 <strong>by</strong> Wellhausen, whose numbering has been followed <strong>by</strong> all<br />

European writers. I have advisedly retained this numbering <strong>of</strong> 23<br />

clauses, so as not to confuse anyone availing <strong>of</strong> European<br />

materials, with this much <strong>of</strong> difference that I have divided certain<br />

sections into two <strong>by</strong> <strong>the</strong> signs (a) and (b) and thus considered <strong>the</strong><br />

<strong>first</strong> part <strong>of</strong> <strong>the</strong> document to contain 25 clauses.<br />

17 Ibn Hisham, p. 444 : Tarikh Ibn-al Athir :Seerat Shami; Cf. Islamic Culture, April<br />

1941, pages 192-95.<br />

www.facebook.com/<strong>Dr</strong>.<strong>Muhammad</strong>.<strong>Hamidullah</strong><br />

ایپمِ‏ رقآن<br />

ڈارٹک دمحم دیمحاہلل<br />

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