The "Constitution of Medina": Muḥammad’s First Legal by Michael Lecker

By Michael Lecker

This record, identified in Orientalist jargon because the “Constitution of Medina,” is permitted, even via iconoclasts of the sector, as an unique rfile going again to the Prophet Muhammad. but, for a few cause, it has now not acquired its justifiable share of scholarly awareness. This e-book is an try to therapy this case, and contains the 2 recognized models of the “Constitution,” based on many assets. this can be via introductory chapters facing the Muslim and Jewish teams that participated within the record. eventually, there's a translation and an in depth observation at the clauses. during this publication, the writer argues that the majority of the Jewish tribes of Medina, together with the massive ones, didn't perform the “Constitution”; the most tribes had extra rudimentary, non-belligerency treaties with Muhammad. furthermore, the idea that the “Constitution” declared each one Jewish workforce as an umma or group rests on a defective interpreting: in truth the partaking Jews obtained a warrantly of defense (amana). This monograph will increase the assets on hand for the examine of Muhammad’s ideas and guidelines presently after his arrival at Medina.

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Compensation that amounted to less than one third was to be paid by the offender himself. 6 'Umar b. 'Abd al-'Aziz functioned in this case as their chief or regulator. i only appear in §§4-11. iqil. 8 The Muhajiriin belong in the Kitab. This conclusion has obvious implications for the identification of the Mu'miniin and Muslimiin. 5 Below, 103. Wellhausen remarked (68): "Bei den Emigranten findet sich dieser Unterschied nicht; sie bildeten damals nur erst ein kleines Hauflein, welches nicht noch Unterabteilungen zuliess".

Wa-inna l-barr duna l-athim THE RIGHTEOUS MAN WILL RESTRAIN THE SINNER. §38. wa-inna mawaliya tha'laba ka-anfusihim THE ALLIES OF THE THA'LABA ARE ON A PAR WITH THEM. §39. wa-inna bitanat yahud ka-anfusihim THE NOMADIC ALLIES OF THE JEWS ARE ON A PAR WITH THEM. Text and Translation 37 §40. wa-innahu la yakhruju minhum al},ad illa bi-idhn mul},ammad NO-ONE OF THEM [viz. of the Jews' nomadic allies] MAY GO OUT [of Medina] WITHOUT MUJ:IAMMAD'S PERMISSION. §41. wa-innahu la yunl},ajazu 'ala tha'r jurl}, THERE IS NO REFRAINING FROM RETALIATION FOR A WOUND.

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