Charter of Medina and Constitution of Pakistan

Charter of Medina and Pakistan's Constitution a brief overview.

1. FUNDAMENTAL RIGHTS ENVISAGED IN CHARTER OF MEDINA AND CONSTITUTION OF PAKISTAN

2. BABAR ALI SAP-ID : 43977 SAP-ID: 46068 MALIK M ISHAQ

3. 1 Table of contents Introduction Fundamental Rights In Charter of Medina 2 Constitution of Pakistan Comparative Analysis (Paper to Practical Analysis) 4 3

4. Introduction 1

5. Introduction Fundamental rights are the essential freedoms and entitlements that belong to every individual by virtue of their humanity. These rights serve as the foundation for a just and equitable society, protecting individuals from harm and ensuring their ability to live with dignity. Both the Charter of Madina and the Constitution of Pakistan recognize the importance of fundamental rights and have established frameworks for their protection.

6. Contemporary Laws Contemporary Fundamental Rights & Quran H uman rights in I slam means the rights granted by Allah. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. What Quran Says? Human Rights as mentioned in The Universal Declaration of Human Right which was declared on December 10th, 1948 by the United Nations, although for the most basic things are the same in the Al-Quran. So the concept of Human Rights was first envisaged in the Holy Quran making humanity more superior than any other thing.

7. ( 5:8) Surah Al- Maidah

8. Charter of Medina 2 First Written Constitution

9. WHY CHARTER OF MEDINA? Situation in Makkah. Circumstances under which Muslims migrated to Madina. Increase in jews insecurity after the prophet’s migration to Madina. Definition of the rights and obligations, his own as well as those of local inhabitants. Arrangement for the settlement and livelihood of the Makkah refugees An understanding with the non-Muslims of the city, particularly the Jews. Arrangements for political organization and military defence of the city. Compensation for the loss of life and property suffered by the refugees at the hands of the Quraish of Makkah.

10. Introduction The Charter of Madina, also known as the Constitution of Madina, holds a profound significance in Islamic history. Drafted in the year 622 CE, it served as a pivotal social and political pact in the nascent Muslim community. The city of Madina, then known as Yathrib, was a diverse and pluralistic society comprising Muslim, Jewish, and pagan communities. The formulation of the Charter was prompted by the need to establish a framework for governance and peaceful coexistence in the wake of social and tribal tensions. Prophet Muhammad (PBUH) migrated to Madina seeking refuge from persecution in Mecca, and the city faced internal strife among its inhabitants. The Charter aimed to address these challenges by fostering unity and cooperation among the diverse communities of Madina.

11. Introduction The constitution is known as “ Mithaq e Madina” (1AH). This document contains 5 sections. The whole of this document, word for word, has been reproduced by Ibn Ishaq and Abu Ubaid in their respective books. The first 23 sections lay down rules affecting the “refugees” and “helpers” (Ansar) and the rest of them discuss the rights and obligations of the Jewish tribes of Madina. In both of them one sentence has been repeated, to the effect that the last court of appeal will be the Holy Prophet (SAW) himself.

12. SOVERIEGNTY BELONGS TO ALLAH Allah is the Protector of the good people and those who fear Allah, and Muhammad (may Allah bless him and grant him peace) is the Messenger of Allah (He guarantees protection for those who are good and fear Allah).

13. Introduction Clause 11 If anyone is guilty of any such act all the Believers will oppose him even if he be the son of any one of them. Clause 14 if a Muslim murders a non-Muslim capital punishment will be given, yet in this document Muslims were advised not to insist on capital punishment nor help any non-Muslim against a Muslim. Clause 5 In case of war with anybody all parties other than Muslims will redeem their prisoners with kindness and justice according to practice among Believers. Clauses 10 The Believers, who fear Allah, will oppose the rebellious elements and those that encourage injustice or sin, or enmity or corruption among Believers.

14. Introduction Clause 19 All the Muslims were required to be helping one another and sharing one anothers pain and sorrow in the course of a war. Clause 21 Strong prohibition was issued against all interferences with the course of law and justice Clauses 13 & 20 Feelings of self-respect and righteousness were instilled in their minds in spite of the smallness of number, and weakness and the dangers amidst which they had to live. Clause 15 It describes rule of protection to the weak. Clauses 17 & 18 These clause made jihad compulsory and laid down principles of war and peace.

15. Introduction Clause 30, 31, 32, 33 The Jews will be treated as one community with the Believers. The Jews have their religion. This will also apply to their freedmen. The exception will be those who act unjustly and sinfully. By so doing they wrong themselves and their families. Clause 24 In the event of a war if a Muslim and a Jew entered into an agreement of conjoint action, each party should bear its own expenses of war. This provision has not only been set forth in Section 24 but has been repeated in Sections 37-a and 38.

16. Constitution of Pakistan 3 Fundamental Rights

17. HOW IT STARTED?

18. STATE’S RELIGION INTRODUCTION TO CONSTITUTION PREAMBLE & Article 227 All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah, in this part referred to as the injunctions is Islam, and no law shall be enacted which is repugnant to such injunctions.” Islam is declared as the State Religion in the Article 2 of the Constitution

19. DIGNITY OF HUMAN BEING FUNDAMENTAL RIGHTS IN CONST OF PAKISTAN FREE TO LIVE no person shall be deprived of life or liberty save in accordance with law. S afeguards as to arrest and detention. It is called “the dignity of the human being: The Quran prohibits arbitrary arrest or detention, as the dignity of man must be respected and any criminal procedure that violates this principle has no legal effect”.

20. FUNDAMENTAL RIGHTS IN CONST OF PAKISTAN ARTICLE 10A This Article provides opportunity of fair trail to anyone in the Country. In Islam, the accused has a right to a fair and quick trial before a competent, independent and impartial judge and the right to judicial review of that decision by a higher court or judge. The accused also has all other defense rights, as justice is the basis upon which governance in Islam is based.” It means that under Sharia law, right to fair trial is preserved. And the same right to fair trial is also preserved in Article 10A of the constitution.

21. Freedom of Speech, Professing Religion FUNDAMENTAL RIGHTS IN CONST OF PAKISTAN Slavery & Forced Labor I n the Constitution of Pakistan any type of slavery, forced labor. Etc. is prohibited which is stated in article 11 I n the Constitution of Pakistan it has been allowed to freely speak and profess any religion.

22. Right to Education FUNDAMENTAL RIGHTS IN CONST OF PAKISTAN Equality Before Law Article 25 provides that every citizen is equal before law and entitled for equal protection of law The Constitution also bounds the State to provide free education till matriculation under Article 26 of the Constitution

23. COMPARISON 4

24. Pakistani Constitution COMPARISON Religious freedom. Security of life and property. Economic justice. Social equality. Mutual consultation. Collective defense. CHARTER OF MEDINA Right to life and liberty. Freedom of religion Equality before law Freedom of speech and expression (within legal bounds). Right to education. Security of Property and Life

25. DIFFERENCES COMPARISON Both aim to establish a just and equitable society based on Islamic principles. Both emphasize religious freedom and tolerance. Both recognize the importance of social justice and economic fairness. Both promote peaceful coexistence and cooperation among diverse communities. SIMILARITIES Scope of application Charter: specific to Medina but on all communities Range of rights guaranteed Constitution : Not Implemented in full ways Charter : Implemented fully

26. COMPARISON The Banu Qurayza: Following the Battle of the Trench, the Jewish tribe of Banu Qurayza was accused of collaborating with the enemy. Under the Charter, an arbitration process was initiated, involving representatives from all communities. The process concluded with a decision to exile the Banu Qurayza men, while safeguarding women and children. This instance highlights the Charter's emphasis on due process and adherence to agreements even in difficult situations. The Protection of Non-Muslims: The Charter ensured the safety and security of all individuals living in Medina, regardless of their religious affiliation. This was evident in cases where non-Muslims were protected from harm by other Muslims, and disputes involving Muslims and non-Muslims were resolved through just arbitration. These instances demonstrate the Charter's commitment to religious tolerance and peaceful coexistence.

27. COMPARISON The Economic Cooperation The Charter encouraged fair trade practices and discouraged exploitation. This principle was put into practice through the establishment of a market system where Muslims and non-Muslims interacted and engaged in economic activities based on mutual benefit. This fostered economic prosperity and cooperation within the community. The Defense of Medina: When Medina faced external threats, the various communities united under the Charter's defense pact. This was evident in instances where Muslims and non-Muslims fought side-by-side to defend their city. This collective action showcases the Charter's effectiveness in promoting unity and collaboration for the common good

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