by Ekrem Buğra Ekinci
The world’s oldest written constitution was announced 14 centuries ago in Medina, Saudi Arabia. The constitution featured a precursor to democracy. Turks are recognized as the leading actor of modern constitution, history since 1808 and the Ottoman Empire adopted the regime of constitutional monarchy with the Constitution of 1876
The Magna Carta Libertatum was issued between the King of England and feudal barons in 1215.
This charter limited the King’s powers, imposed fair punishments and the principle of taxation with the consent of noblemen. The Magna Carta is recognized as the world’s oldest constitution and is still valid today. However, the agreement between Islamic Prophet Muhammed and the people of Medina is the first democratic written constitution of the world. Although the Greek philosopher Aristotle wrote “the Constitution of Athenians” toward the end of ancient Greek, it was only a historical book describing the ir political system. Books written in ancient India and China for the purpose of recommendations on governance cannot be regarded as constitutions either.
Categories: Asia, CHRISTIANITY, ISLAM, Islam
A constitution is the “BODY OF FUNDAMENTAL PRINCIPLES OR ESTABLISHED PRECEDENTS ACCORDING TO WHICH A STATE OR ORGANIZATION IS GOVERNED”. A constitution can be written or unwritten.
Looking at it from this perspective, the agreement signed in Medina between Muhammad and some of the communities in 622 or 624 cannot be said to be the first constitution.
Every society has always evolved a set of laws to govern its citizens for the betterment of that society. Any transgression was and is still met with sanctions.
As it is even acknowledged by the quran, God gave to the children of Israel through Moses what amounts to a constitution. Written on two tablets, the laws set out first, the relationship between man and God and second, the relationship man is to have with his fellow man, in clearly defined terms.
Like every constitution, this one was for the entire community; not a section or some sections.
The pact of Medina says:”THIS IS A DOCUMENT FROM MUHAMMAD THE PROPHET OF ALLAH BETWEEN THE BELIEVERS AND MUSLIMS OF QURAYSH AND YATHRIB, AND THOSE WHO FOLLOWED THEM AND JOINED THEM AND LABORED WITH THEM.”
As could be seen from that preamble, it was essentially a favor done by Muhammad to only his followers.
Because of the wording which proclaimed Muhammad as the apostle of allah, all the Jewish tribes refused to sign it. With that exclusion, the agreement could at best be described as something donated by Muhammad to his followers instead of being seen as a democratic constitution for the entire populace of Medina.
It certainly was not a democratic constitution, if one could allow himself the extra liberty of describing it as a constitution.
Book Review: The Covenants of the Prophet Muhammad with the Christians of the World