MILS TUTO4 - tutorial on medina charter PDF

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tutorial on medina charter...

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Question 1. Explain FIVE (5) universal principles that are embedded in the Medina Charter and

highlight its contributions towards resolving humanity conflicts and

discrimination in the present situation.

Medina Charter is the constitution of Medina. It was drafted and promulgated by Prophet Muhammad. Medina Charter is a formal agreement between the Prophet and all the significant tribes and families of Madinah. It was made to end the bitter intertribal fighting between the clans of Aus and Khazraj in Madinah. Moreover, it was the first written Charter in the world history that established equal rights and obligations for all the State citizens regardless of their faiths, religions, colors or races.This charter has put an end to the prevailing anarchy and protected the life, liberty, property and religious freedom of all people included the accord. There are many principles being established in this charter, which are the principles of justice, equality, accountability, consultative and freedom of religion. The first principle of this charter is the principle of justice. Justice is one of the crucial element that is highlighted in this charter. It was stated in Article 3 and 5 of the Medina Charter. It is stated in article 3 and article 5, whereby in case of war with anybody, the Muslims and the non-Muslims will redeem their prisoners with kindness and justice according to practice among Believers and not according to the preIslamic notions. This means that every person should be treated equally regardless their status being rich or poor. Also, the principle of justice can be seen in Article 10 of the charter where it stated that the needs of every Believers of Allah to oppose every person who commits wrongdoing and did not encourage the practice of unjust. Article 11 reaffirm Article 10 which to oppose the person who committing injustice. The principle of justice in the act of killing one another also embedded in this chapter in Article 36 when it said that anyone who kills without warning amounts to his slaying himself. To apply in current situation, we can see similarity between the principle of justice of Medina Charter and the Federal Constitution of Malaysia. We can see this in Article 5 of Federal Constitution whereby if a person commit a crime as an example,

they will be called to be arrested by the police. They will be arrested and investigated justly and properly in order to uphold justice. As stated in Medina Charter, that, a person who is unjust, or has committed a crime is not guaranteed by the assurance for the protection by the charter. Second principle in this charter is the principle of accountability. Accountability means the responsibility or the liability. The Medina Charter has determined the rights and duties of Prophet Muhammad (PBUH) and the local population in terms of defending and maintaining the state. The main contents in the charter were the declaration that the Prophet Muhammad is the head of the state to all people of Medina and any dispute shall be referred to him. This can be seen in the clause 28, where it stated that when you differ on anything the matter shall be referred to Allah and Muhammad (PBUH). Also all the people of Medina is forbidden to plant a hostile or envy among themselves, instead they should be united as one to be known as a nation of Medina. The accountability of the local population in Medina can be seen under the war-related matters. Under clause 38, “if anyone attacks anyone who is a party to this pack, the other must come to his help,”. Also, we can see in the clause of 49, stated that each member of the pact are bound to help each other in the event of an attack in Yathrib. These clauses have provided good relations and mutual help among all citizens and individual responsibility and government duty in upholding justice. In applying the principle to the current situation, Malaysians ought to be accountable towards their action. This can be seen during the fourteenth General Election when the caretaker of the government was delaying the process of naming the new government. Thus, causing rage among the citizens. However, as civilized citizens, they held themselves to be accountable and refused to make illegal demonstration that would violate the unity of the society in accordance to the Medina Charter that forbid the people of Medina is forbidden to cause hostility among themselves. The third principle is equality. It is noteworthy that the Charter ordained equality to its members and protected them against oppression. Clause 16 reads that ‘To the Jew who follows us belong help and equality. He shall not be wronged nor shall nor shall his enemies be aided’. This means that, the Jews who choose to follow them despite their belief was never oppressed but they were also treated very well just like

other Muslims. After his time, the companions who maintained this attitude of our Prophet granted this right to Berbers, Buddhists, Brahmans an other like them; thus, disputes could be easily and a state of peace and justice was preserved. Other than that, the State proclaimed the brotherhood of believers and gave each one right and support to give protection to any individual, excepting an enemy, based on Clause 15, which is ‘God’s protection is one, the least of them may give protection to a stranger on their behalf. Believers are friends one to the other to the exclusion of outsiders.’ It also extended help to its members in debt or in financial difficulties in regard to payment of ransom or blood-money which stated in Clause 12. Lastly, Islam also protects again oppression where it prohibited help or refuge to be given to a murderer. Clause 22 stated it shall not be lawful to a believer who holds by what is in this document and believes in God and the last day to help an evil-doer or to shelter him. The curse of Go and His anger on the day of resurrection will be upon him if he does, and neither repentance nor ransom will be received from him. In this current world, the Charter give so much impacts on this world especially, the Charter gave equality to all its citizens and accepted the coexistence of different religions in the community. Under the constitution, all religious, ethnic and tribal groups had equal protection, rights and dignity. They would live by their own beliefs and judge themselves by their own laws. This can be seen and related with Federal Constitution, in Article 8(1) which provides that every person shall be equal under the law and have equal protection of law. As what that has been stated in Federal Constitution is that, Medina Charter has given big impact to the society regarding equality. For example, in Malaysia, we have so many kind of races and religions. Medina Charter has given the guidance to us, to make sure that we provide equality for all. No matter how rich or poor someone is, we cannot discriminate people because all humans are the same. Equality is so important to our daily life, to our world and society. Without equality, there will be discrimination, disputes between the society and many other negative impacts. This is why Medina Charter provide us with so many laws so that it can be our guidance to solve our problems and Medina Charter is the source that we can rely to.

The fourth principle of this charter is Shura or mutual consultation. It is the Islamic process of consultation among those with knowledge of the issue involved and is best achieved by discussion among those most aware of the situation. The Sunnah of the Prophet (PBUH) is full of examples of his consultations with his companions. In the Medina Charter clause 39, ‘They must seek mutual advice and consultation’. An example of this can be seen in the case of the prisoners of war that were captured during the battle of Badr. One of the most important considerations in the practice of Shura is the presence of opposing views. This will help us to to scrutinize the various views and see which is the best for us. Shura is a crucial part of Islamic political system. It allows common people to participate in the decision making process. It helps create a society that engages actively with leaders. Consultation is important in building a solid relationship between the leader and the people ensuring that the leader does not go astray or regress into an authoritarian government. The charter had a great impact toward the development of Islamic civilization, especially in politics and the human rights of the ordinary citizen. The Medina Charter shows that Islam can be practiced in creating an efficient and just government. Shura is basically a consultation and its an integral concept in Islamic leadership which is very important these days to resolve humanity conflicts. We have been blind to this key concept in Islam, which ultimately protects governments from regressing into corruptive and discrimination. For instance, it allows common people to participate in the decision-making process to get the most supported decision. As in the present situation, it helps create a society that engages actively with leaders which can be applied here in Malaysia as to prevent from any conflicts between the netizens and the leaders itself which is very important to create a peaceful country. The institution of Shura offers each and every individual, tribe, community, religion and nation, a voice by which it can actively affect change within their wider communities. This means that every person in today’s society can voice out their opinions on certain matters through consultation and get the different views from other people which can help all of us to resolve any conflicts and also to prevent discrimination towards anyone in the nation. This is because it provides a safe and proactive medium by which new and innovative issues can be assessed so as to ascertain what is best for the collective and the individual.

Last principle of Medina Charter is the principle of freedom of religion. This charter constituted a formal agreement between the Prophet (PBUH) and the tribes of Madinah including Muslims, Jews, Christians and Polytheists. This charter is an example for resolving disputes where peace and pluralism was achieved not trough violence but rather respect, tolerance, and peaceful means. The first clause in this constitution said ‘ they are a single community’. This is seen as a very important first step taken by Prophet Muhammad to unite the Madinian communities, and the diverse nature of human beings of different races and religion. Clause 25 specifically stated that Jews and non-Muslims Arab are entitled to practice their own faith without any restrictions. In Clause 30, it highlights the value of religious tolerance, particularly among Jews and Muslims. Peace was achieved in Madinah, not through the might of arms or the scale of wealth but through Islamic principles of tolerance, love, reason and a believe in God. Today, Muslim scholars have acknowledged the importance of the Medina Charter to deconstruct contemporary extremist discourse. Essentially, the charter reflects Islam’s protection of human life and religious minorities and reiterates that these notions have always been fundamental in the Islamic tradition. The Medina Charter is related with Article 11 in Federal Constitution which provides that every person has the right to profess and to practice his or her religion and (subject to applicable laws restricting the propagation of other religions to Muslims) to propagate it. The Constitution also provides that Islam is the religion of the country but other religions may be practised in peace and harmony (Article 3). The key lessons that could be drawn from the Medina Charter include religious freedom, security of the community, acceptance of followers of religions as one nation, and the need for all religious communities to protect one another from any threats, discrimination and oppression. For example, in Malaysia we do have freedom of religion as stated in the Federal Constitution. Malaysia has many kinds of races and religions such as Buddhist, Muslims, Jews and Hindus. We have to respect each other no matter how different we are....