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Analyze the Charter of Medina as a Social Contract?

Analyze the Charter of Medina as a Social Contract

CSS Solved Islamiat Past Papers | Analyze the Charter of Medina as a Social Contract?  

The following question of Islamiat is solved by Miss Rimsha Mureed, the highest scorer in CSS Islamiat. Moreover, the question is attempted on the same pattern taught by Sir Syed Kazim Ali to his students, scoring the highest marks in compulsory subjects for years. This solved past paper question is uploaded to help aspirants understand how to crack a topic or question, how to write relevantly, what coherence is, and how to include and connect ideas, opinions, and suggestions to score the maximum.

Question Breakdown

The examiner has asked about the role of the charter of Medina as a social contract to establish a peaceful society. In this question, we will discuss how the charter of Medina was the first social contract in Muslim world history and how its clauses cover all the aspects to formulate a society.

In this question, we will first discuss the concept of life hereafter, its verbal and literal meaning, an illustration from daily life examples, and its reference from the Quran. After that, the effects of this concept on the individual and collective life of a human being will be elaborated.

OUTLINE

1- Introduction

2- Evolution of Human Rights in Islam

3- Charter of Medina as a social contract

  • ✓ Fundamental principles of society
  • ✓ Individual rights
  • ✓ Constitutional rights
  • ✓ Legal rights
  • ✓ Rights of state citizens

4- Contemporary time analysis

5- Conclusion

Answer to the Question

Introduction:

The concept of human rights in Islam is associated with mutual rights, duties, respect, and equality. According to Qur’an, human beings have superiority over all other creatures. In Islam, ideas about rights, society, and social contracts are not new things. The charter of the Medina is considered as the first social contract in Islamic history. The charter of Medina is considered a social contract that provides a clear concept about the rights and duties, fundamental principles of a society, constitutional rights, legal rights, rights of state citizens, citizens, and individual rights. In a society, the social, political, and economic rights of all the citizens, including men, women, children, and non-Muslim minorities are provided in the charter of Medina by the holy prophet peace be upon him. There is a dire need to understand the core concepts of this charter and to implement it in societies across the globe.

Evolution of Human Rights in Islam

In the Western world, the history of human rights started from Magna Carta, which was given in 1215, but in Islam, the evolution of the idea of fundamental human rights is old compared to the Western world. Islam has provided sanctity and respect to human beings in the world as it is mentioned in Holy Qur’an:

وَ لَقَدْ كَرَّمْنَا بَنِیْۤ اٰدَمَ
“We have provided respect and sanctity to the generation of Adam (A.S)”

AL-QURAN)

In Islam, the human rights concept started from the charter of Medina which was given in 1 A.H and later on in the declaration of Mecca conquer in 8 A.H and the last sermon of the holy prophet during Hajj in 10 A.H. The constitution of medina was created to end the bitter intertribal fighting between the rival clans of Banu Aws and Banu Khazraj in Medina and to maintain peace and cooperation among all Medina groups. Establishing the role of Muhammad as the mediating authority between the two groups and the others in Medina was central to the ending of medina internal violence and was an essential feature of the constitution. The document ensured freedom of religious beliefs and practices for all citizens who “follow the believers”. It assured that the representatives of all parties, Muslim or non-Muslim, should be present when consultation occurs or in cases of negotiation with foreign states

Charter of Medina as a Social Contract:

 The term “social contract” refers to an agreement in a society among the inhabitants of that society or country to live a peaceful life with cooperation with equal rights for all citizens. It is considered a social contract because it has clauses related to the social, political, economic, legal, constitutional, and protection rights of the people of a society. It provided the basic rights of life, liberty, and freedom to inhabitants. It has 58 clauses and covers the following areas:

  1. Fundamental principles of society
  2. Individual rights
  3. Constitutional rights
  4. Legal rights
  5. Rights of state citizens
  1. Fundamental Principles:

In every social contract, there are some fundamental principles to be decided in every society. These fundamental principles in the charter of Medina are following:

  • a- Supreme authority of a state:
    The supreme authority of the state is in the hands of Allah Almighty and issues will be solved by Holy Prophet (PBUH) and later by caliphs. In a charter of Medina, the Holy Prophet said:

“When you have clashed at some points, give it in the authority of Allah and his Prophet (PBUH)”

(Article 28)
  • bSupervision and Leadership of Defence Affairs:
    Defence is the most important aspect for the survival of any society and state. Clause 41 of the Charter of Medina was about it.

“No one can take a military action without permission oh Holy prophet (SAWW)”

(Article 41)
  • cDistinguished status of Muslim Ummah:
    About it, the holy prophet said:

“Muslims are knitted in the relation of brotherhood”

(Article 19)
  • dObservance of International Treaties:
    Another important aspect of a social contract is the fulfillment of promises and respect towards treaties which is emphasized in the charter of Medina in these words:

“It is a compulsion on Muslims that they have to participate in peace treaties and completely follow it”

(Article 56)
  1. Individual Rights

Individuals are the basic units of any society. The charter of Medina is also analyzed as a social contract because it provides the fundamental rights of life, liberty, and freedom to all the individuals in a society. These individual rights include:

  • aRight of Life:
    In this social contract of the Charter of Medina, everyone has the right to life which is a fundamental right of human beings. The charter of Medina also contains clauses about it.

“Muslims can neither kill other Muslims as revenge of non-Muslims nor help non-Muslims against Muslims”

(Article 17)
  • bRight of Security:
    In an Islamic state, everyone has the right to security, and steps will be taken at individual and collective levels to ensure the security of each citizen of the state. According to the Charter of Medina

“Peace treaties will be done by Muslims by keeping in mind the security of all the citizens of the state”

(Article 21)
  • cRight of Life of Minorities:
    All the fundamental rights of life, liberty, freedom, and security will be given to minorities in Islamic states. The social contract of the Charter of Medina also emphasized on it

“Minorities (Jews) will enjoy basic rights and equality in an Islamic state of Medina if they respect the state and do not help enemies against Muslims”

(Article 20)
  • dRight of Protection for Women:
    Women were also considered an integral part the society under this social contract of the Charter of Medina.
  1. Constitutional Rights

Constitution is regarded as the supreme law of the land. It has authority over all the citizens and tries to maintain peace, equality, and harmony in a society.

  • aRight to Constitutionalize the State Matters:
    The state matters will be under the supreme authority of Allah and his vicegerent (PBUH). It is also mentioned in a charter of Medina under clause 1

“This is a written document of agreement from the messenger [Muhammad] of Allah Almighty”

(Article 1)
  • b– Right of constitutional equality:
    Every person in the state is equal on all basis irrespective of color, caste, creed, and religion.

“Jews will have same rights and privileges as provided to the Muslims”

(Article 58)
  • cProhibition to violate the Constitution:
    The constitution will be followed by every citizen of the society as it guarantees social equality and peace for all individuals.

“There will be Loyalty to the constitution without any deception. People will get in return what they do”

(Article 59)
  1. Legal rights

Law is very important to maintain peace in any state. A social contract is incomplete without the providence of legal rights. The Charter of Medina is considered as an ideal social contract because it also provides legal rights to inhabitants of the society.

  • aLegal Equality in Rights:
    In articles 31 and 40 of the charter of Medina, equality in rights is discussed broadly.

“Jews of Bani Najjar have same rights as to Jews of Bani of”

(Article 31)

“All the tribes of Jews will enjoy rights like Muslims”

(Article 40)
  •  bObedience to Law without Discrimination:
    Under social contract in the form of the charter of Medina:

“Everyone [Jews and Muslims] has to obey the constitution and law without any discrimination”

(Article 55)
  •  cFreedom from the Penalty of Undone Crimes
    In article 43 of the Charter of Medina, the Holy Prophet elaborated:

“The criminal and his family will be responsible and accountable for that crime; there will be freedom from the penalty of undone crimes”

(Article 43)
  1. Rights of State Citizens:

In a social contract, due importance is given to the state. The same has been done in the charter of Medina, which gives the lesson of statehood.

  • a– Right of Political State Identity:
    According to the charter of Medina

“Muslims have a status of a nation and political unity as compared to other people of the world”

(Article 3)
  •  bEradication of state enemies:
    In this social contract, clause 53 exposed that:

“No shelter will be provided to Quraish and their supporters”

(Article 53)
  • c- Prohibition of Conspiracy against the Islamic State:
    Under the charter of Medina, conspiracy and deception to the state will be considered a crime.

“Non-Muslims of Medina state are neither allowed to help non-Muslims of Quraish nor they can quarrel with Muslims for the sake of Quraish”

(Article 25)
  •  dRight of State Defence:
    State defence
    is a collective responsibility of all citizens. Under Article 54 of the Charter of Medina

In case of any foreign attack, the defense of Medina state is the responsibility of all including Muslims and Jews”

(Article 54)

Contemporary Time Analysis:

 The Charter of Medina was the first social contract in the history of mankind in the practical form. Before that, the idea of a state was also given by Plato and Aristotle. Later on, the philosophy of the ideal state was given by Al-farabi. Different contractual philosophers such as Thomas Hobbes, John Locke, and Rousseau also gave the social contract to formulate a peaceful society by making a social contract among individuals. These philosophers follow the ideas and articles of the charter of Medina to make a social contract and to make a society a happy place to live in. In all the states, legal, constitutional, and individual rights are provided to everyone without any discrimination, as given under the charter of Medina.

“O beloved prophet, please brighten up the whole atmosphere by putting a smile on your bright face; only a glimpse of your bright and sweet face can change our bitter and dark life”

(Maulana Modudi)     

Conclusion:

Islam has provided equal rights to all sects and tribes irrespective of their color, caste, and creed, whether these rights are related to Muslims, non-Muslims, women, or any ordinary individual in the state. The same has been done in the Charter of Medina which is a Magna Carta in Muslim history. Due to all the characteristics and clauses of the charter of Medina, it is regarded as a social contract. The social, political, economic, legal, and constitutional rights which have been provided to people in the charter of Medina have no parallel across the globe. Even today, that social contract in the form of the Charter of Medina can be used as an ideal example to formulate any new social contract and a just state.

CSS Solved Past Papers’ Essays

Looking for the last ten years of CSS and PMS Solved Essays and want to know how Sir Kazim’s students write and score the highest marks in the essays’ papers? Then, click on the CSS Solved Essays to start reading them.

CSS Solved Essays

CSS 2023 Solved Islamiat

2-What is the Quranic argument on life Hereafter? What are its impacts on the individual and collective life of a human being?
3-Discuss the Holy Prophet’s (PBUH) role as a Model for Military Strategy.
4-Elaborate on the rights of daughters granted by Islam and how these are denied by Muslims in the contemporary world.
5-Defind Ijma (consensus) and explain its different kinds. Can legislation by a parliament of an Islamic state be regarded as a valid consensus?
6-Analyze the Charter of Madina as a social contract.
7-What are the motives of extremism in Pakistan? How can society get rid of extremism by following the teachings of Islam?
8-Write Notes on the following:
a. Human rights in the light of the Sermon of Farewell Pilgrimage.
b. Social Justice in an Islamic Society.

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