Treaty With the Jews

The First Written Constitution of a State Ever Promulgated

The Holy Prophet (peace and blessings of Allah be upon him) always tried to cooperate to establish peace, brotherhood and harmony in the society. He migrated from Mecca to Medina, but when he reached Medina the first important mission he had was to have treaties with the other tribes of Medina for mutual cooperation and help. The first treaty he had in Medina was between Muslims, non-Muslim Arabs and the Jews of Medina. This treaty was properly put into writing and ratified by all parties. This important treaty has been preserved by historians. The document referred Muhammad (peace and blessings of Allah be upon him) as the Prophet and Messenger of God, but it was understood that the Jews did not have to recognize him as such for their own religious reasons. It is the first written constitution of a state ever promulgated by a sovereign in history. It was endorsed from the first year of Hijrah (622 CE). The treaty stipulated a city-state in Medina, allowing independence to communities under the following terms:

1. In the name of Allah (The One God), the Compassionate, the Merciful. This is a document from Muhammad, the Prophet, governing the relation between the Believers from among the Qurayshites (that is, Emigrants from Mecca) and Yathribites (that is, the residents of Medina) and those who followed them and joined them and strived with them. They form one and the same community as against the rest of men.

2. No Believer shall oppose the client of another Believer. Whosoever is rebellious, or seeks to spread injustice, enmity or sedition among the Believers, the hand of every man shall be against him, even if he be a son of one of them. A Believer shall not kill a Believer in retaliation of an unbeliever, nor an unbeliever shall kill an unbeliever in retaliation of a Believer.

3. Whosoever among the Jews follows us shall have help and equality; they shall not be injured nor shall any enemy be aided against them … No separate peace will be made when the Believers are fighting in the way of Allah … The Believers shall avenge the blood of one another shed in the way of Allah… Whosoever kills a Believer wrongfully shall be liable to retaliation; all the Believers shall be against him as one man and they are bound to take action against him.

4. The Jews shall contribute (to the cost of war) with the Believers so long as they are at war with a common enemy. The Jews of Banu Najjar, Banu al-Harith, Banu Saidah, Banu Jusham, Banu al-Aus, Banu Thalabah, Jafnah, and Banu al-Shutaybah enjoy the same rights and privileges as the Jews of Banu Aus.

5. The Jews shall maintain their own religion and the Muslims theirs. Loyalty is a protection against treachery. The close friends of Jews are as themselves. None of them shall go out on a military expedition except with the permission of Muhammad, but he shall not be prevented from taking revenge for a wound.

6. The Jews shall be responsible for their expenses and the Believers for theirs. Each, if attacked, shall come to the assistance of the other.

7. The valley of Yathrib (Medina) shall be sacred and inviolable for all that join this Treaty. Strangers, under protection, shall be treated on the same ground as their protectors; but no stranger shall be taken under protection except with consent of his tribe … No woman shall be taken under protection without the consent of her family

8. Whatever difference or dispute between the parties to this covenant remains unsolved shall be referred to Allah (The One God) and to Muhammad, the Messenger of Allah. Allah is the Guarantor of the piety and goodness that is embodied in this covenant. Neither the Quraysh nor their allies shall be given any protection.

9. The contracting parties are bound to help one another against any attack on Yathrib. If they are called to cease hostilities and to enter into peace, they shall be bound to do so in the interest of peace; and if they make a similar demand on Muslims it must be carried out except when the war is against their religion.

10. Allah (The One God) approves the truth and goodwill of this covenant. This treaty shall not protect the unjust or the criminal. Whoever goes out to fight as well as whoever stays at home shall be safe and secure in this city unless he has perpetrated an injustice or committed a crime … Allah is the protector of the good and God-fearing people.