The Constitution of Medina & The Concept of the Welfare State [Introduction and Salient Features]

The Constitution of Medina: The First Written Constitution

In this book, the author describes the historical evolution of the constitutions of the world, writing that the unwritten constitution of Britain was passed in 1911, the constitution of the United States was formed in 1776, while the Constitution of Medina was put into writing under the supervision of the Prophet Muhammad ﷺ centuries earlier in 622. The Constitution of Medina is the world’s oldest and first written constitution, which includes constitutional regulations such as the formation of the state, nationality, equality, justice, consultation, freedom, peace, and human welfare.

The first chapter of this book is titled ‘Introduction: Formation of Western and Islamic Political Law’. In this chapter, it is stated with historical reference that where did the beginning of political law-making start in human history? What principles were the basis of constitution-making in ancient civilizations and under what laws was the government established?

The history of the beginning of constitution-making in the Roman and Greek lands has also been discussed in detail on this topic.

In this chapter, a brief overview of the beginning of constitution-making in Islamic countries and the conditions of the Arabian Peninsula before Islam is also presented, so that it is clear what difficulties the people of that region faced in terms of constitution before the establishment of the State of Medina. Also, how did these conditions prove to be conducive and supportive in the establishment of the State of Medina?

In the next part of this chapter, a comparative review of the beginning of constitution-making in Muslim and Western countries is presented and it is made clear that the Constitution of Medina was not formed under a tyrannical system of government as a result of a bloody conflict, but rather it appeared on the stage of witnesses under mutual consultation. The truth is that it was a special gift from Allah Almighty to mankind. The Constitution of Medina has superiority over modern constitutions because the Constitution of Medina draws attention to human values and ethics, the protection and promotion of religion, and its defence.

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