Article 8 Validation of the former laws of blood money for Banu Jusham And the emigrants from Banu Jusham shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom.
Article 9 Validation of the former laws of blood money for Banu Najjar And the emigrants from Banu Najjar shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Article 10 Validation of the former laws of blood money for Banu Amr And the emigrants from Banu Amr shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom.
Article 11 Validation of the former laws of blood money for Banu Nabeet And the emigrants from Banu Nabeet shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom.
Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice Article 12 Validation of the former laws of blood money for Banu Aws And the emigrants from Banu Aws shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom.
Article 13 Indiscriminate rule of law and justice for all the communities And every group shall secure the release of its captives ensuring that an indiscriminate rule of law and justice is applied among the believers.
Article 14 Prohibition of relaxation in execution of law The believers shall not leave a debtor among them, but shall help him in paying his ransom, according to what shall be considered fair. Article 16 Collective resistances against injustice, tyranny and mischief There shall be collective resistance by the believers against any individual who rises in rebellion, attempts to acquire anything by force, violates any pledge or attempts to spread mischief amongst the believers.
Such collective resistance against the perpetrator shall occur even if he is the son of anyone of them. Article 17 Prohibition of killing a Muslim by a Muslim A believer shall not kill another believer in retaliation for an unbeliever, nor help an unbeliever against a believer.
Article 18 Guarantee of equal right of life protection for all the Muslims The security of God granted under this constitution is one. This protection can be granted even by the humblest of the believers that would be equally binding for all. Article 19 Distinctive identity of the Muslims against other constitutional communities The believers shall be the associates of one another against all other people of the world.
Article 20 Non-Muslim minorities Jews have the same right of life protection like Muslims A Jew, who obeys us the state shall enjoys the same right of life protection as the believers do , so long as they the believers are not wronged by him the Jews , and he does not help others against them.
Article 21 Guarantee of peace and security for all the Muslims bases on equality and justice And verily the peace granted by the believers shall be one. If there is any war in the way of Allah, no believers shall make any treaty of peace with the enemy apart from other believers, unless that is based on equality and fairness among all.
Article 22 Law of relief for war allies Every war ally of ours shall receive relief turns at riding at all military duties. Article 23 Law of vengeance for the Muslims in case bloodshed in the way of Allah The believers shall execute vengeance for one another for the bloodshed in the way of Allah. Article 24 Islam is the best code of life All the God-fearing believers are under the best and most correct guidance of Islam.
Article 25 Prohibition of providing security of life and property to the enemy No idolater or any non-believer among the clans of Medina shall give protection for property and life to any of the Quraysh because of their being hostile to the state of Medina nor shall intervene on his behalf against any believer.
Article 26 Execution of the law of retaliation for a Muslim murder When anyone intentionally kills a believer, the evidence being clear he shall be killed in retaliation, unless the heirs of the victim are satisfied with the blood money. All the believers shall solidly stand against the murderer and nothing will be lawful for them except opposing him.
Article 27 No protection or concession for the doer of mischief and subversion against the constitution A believer who believes in God and in the Hereafter and agrees to the contents of this document shall not provide any protection or concession to those who engage in mischief and subversion against this constitution. Those who do so shall face the curse and wrath of God on the Day of Resurrection.
Furthermore, nothing shall be accepted from them as a compensation or restitution in the life hereafter. Article 28 The final and absolute authority in the disputes vests in Almighty Allah and Prophet Muhammad Peace be upon him When anyone among you differs about anything, the dispute shall be referred to Almighty Allah and to the Prophet Muhammad Peace be upon him , as all final and absolute authority is vested in them.
Article 29 Proportionate liability of non-Muslim citizens the Jews in bearing the war expenses The Jews non-Muslim minorities will be subjected to a proportionate liability of the war expenses along with the believers so long as they the Jews continue to fight in conjunction with them. Article 30 Guarantee of freedom of religion for both the Muslims and non-Muslim minorities the Jews The Jews of Banu Awf non-Muslim minorities shall be considered a community along with the believers.
They shall be guaranteed the right of religious freedom along with the Muslims. The right shall be conferred on their associates as well as themselves except those who are guilty of oppression or the violators of treaties.
They will bring evil only on themselves and their family. Article 40 Equality of rights for all branches of the Jews All sub-branches of the Jews shall enjoy the same rights as granted to them the Jews. Article 41 Final command and authority in military expeditions vests in the Prophet Muhammad Peace be upon him Verily none among the allies shall advance on a military expedition without the prior permission of the Prophet Muhammad Peace be upon him in whom vests the final command and authority.
Article 42 No exception from the law of retaliation There shall be no impediment on anyone who wished to avenge a wound. Article 43 Responsibility of unlawful killing Whoever commits an unlawful killing shall be responsible for it himself with his family members but he is exempted in case he kills a cruel. Verily, Allah is the Trust Helper support those who adhere completely to this constitution.
Article 44 Separate liability of war expenses The Jews and the Muslims shall bear their own war expenses separately. Article 45 Compulsory mutual help to one another in case of war There shall be mutual help between one another against those engage in war with the allies of this document.
Article 46 Mutual consultation and honourable dealing There shall be mutual consultation and honourable dealing between the allies and there shall be the fulfilment not the violation, of all pledges. Article 47 Law of prohibition of treachery and help of the oppressed No one shall violate the pledge due to his ally and verily; help shall be given to the oppressed.
Download Free PDF. Michael Lecker. A short summary of this paper. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher, except in the case of brief quotations in critical articles or reviews. Text and Translation. The Jewish Participants. The Treaty of the Jews. The Preservation of Ibn Ish. Although the original document was not preserved and is only known from literary sources, it is widely acknowledged as authentic and as dating back to the time of the Prophet.
It was felt that any progress achieved in the study of this document would enrich the resources available for the study of early Islam. Most of the research behind this study was carried out some two decades ago when I was writing my Ph.
Meanwhile new evidence has emerged that in my opinion supports this emendation. Fortunately for me, research on my Ph. I recall G. At a colloquium on h. An extended version of its first part is now published.
This is followed 92—98 by a useful critical summary of certain aspects covered in research until Lecker, On the Prophet Muh. Kinship was not the main binding tie of the ummah, and religion was of greater importance. The ummah is the tribe, a supertribe, with God and Muhammad as final arbiters and authorities. Gil, Moshe. According to Gil, the Jews were not party to this treaty, but were included in it as clients of the Arab i.
Goto, A. Apart from this treaty, Muhammad wrote a document or documents to the Jews who had formed their own tribes. Hamidullah, Muhammad. Lahore, Pakistan: Sh. In his view it was a constitution promulgated for the city-state of Medina. It included the prerogatives and obligations of the ruler and the ruled, as well as other immediate requirements including a sort of social insurance for the needy. The right of seeking justice was transferred from the individuals to the community i.
The final court of appeal was to be the Holy Prophet himself. Lecker, Michael. Princeton, NJ: Darwin, NNNThis is so far the only book dedicated to the treaty. It includes a critical edition of the two versions of the document i.
Each translated clause is followed by the translations of J. Wensinck Muhammad and the Jews of Medina , translated and edited by W. Watt Muhammad at Medina , Oxford: Clarendon, , pp. The translation is interspersed with philological and historical discussions.
Rose, P.
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