The First Written Constitution

Translated by Dr. Muhammad Hamidullah

In the name of God, the Beneficent and the Merciful.

(1) This is a prescript of Muhammad ﷺ, the Prophet and Messenger of God (to operate) between the faithful and the followers of Islam from among the Quraysh and the people of Madinah and those who may be under them, may join them and take part in wars in their company.

(2) They shall constitute a separate political unit (Ummat) as distinguished from all the people (of the world).

(3) The emigrants from the Quraysh shall be (responsible) for their own ward; and shall pay their blood-money in mutual collaboration and shall secure the release of their own prisoners by paying their ransom from themselves, so that the mutual dealings between the believers be in accordance with the principles of goodness and justice.

(4) Banu ʿAwf shall be responsible for their own ward and shall pay their blood-money in mutual collaboration, and every group shall secure the release of its own prisoners by paying their ransom from themselves so that the dealings between the believers be in accordance with the principles of goodness and justice.

(5) Banu Harith Ibn Khazraj shall be responsible for their own ward, and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom from themselves, so that the dealings between the believers be in accordance with the principles of goodness and justice.

(6) Banu Sa’ida shall be responsible for their own ward, and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom from themselves, so that the dealings between the believers be in accordance with the principles of goodness and justice.

(7) Banu Jusham shall be responsible for their own ward and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom so that the dealings between the believers be in accordance with the principles of goodness and justice.

(8) Banu Najjar hall be responsible for their own ward and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom so that the dealings between the believers be in accordance with the principles of goodness and justice.

(9) Banu ʿAmr b. ʿAwf shall be responsible for their own  ward and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom, so that the dealings between the believers be in accordance with the principles of goodness and justice.

(10) Banu Nābit shall be responsible for their own ward and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom so that the dealings between the believers be in accordance with the principles of goodness and justice.

(11) Banu Aws shall be responsible for their own ward and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom, so that the dealings between the believers be in  accordance with the principles of goodness and justice.

(12a) The believers shall not leave anyone, hard-pressed with debts, without affording him some relief, in order that the dealings between the believers be in accordance with the principles of goodness and justice.

(12b) Also no believer shall enter into a contract of clientage with one who is already in such a contract with another believer.

(13) The hands of pious believers shall be raised against every such person as rises in rebellion or attempts to acquire anything by force or is guilty of any sin or excess or attempts to spread  mischief among the believers ; their hands shall be raised all together against such a person, even if he be a son to any one of them.

(14) No believer shall kill another believer in retaliation for an unbeliever, nor shall he help an unbeliever against a believer.

(15) The protection of God is one. The humblest of them (believers) can, by extending his protection to any one, put the obligation on all; and the believers are brothers to one another as against all the people (of the world).

(16) Those who will obey us among the Jews, will have help and equality. Neither shall they be oppressed nor will any help be given against them.

(17) The peace of the believers shall be one. If there be any war in the way of God, no believer shall be under any peace (with the enemy) apart from other believers, unless it (this peace) be the same and equally binding on all.

(18) All those detachments that will fight on our side will be relieved by turns.

(19) The believers as a body shall take blood vengeance in the way of God.

(20a) Undoubtedly pious believers are the best and in the rightest course.

(20b) No associator (non-Muslim subject) shall give any protection to the life and property of a Qurayshite, nor shall he come in the way of any believer in this matter.

(21) If any one intentionally murders a believer, and it is proved, he shall be killed in retaliation, unless the heir of the murdered person be satisfied with blood-money. And all believers shall actually stand for this ordinance and nothing else shall be proper for them to do.

(22) It shall not be lawful for any one, who has agreed to carry out the provisions laid down in this code and has affixed his faith in God and the Day of Judgment, to give help or protection to any murderer, and if he gives any help or protection to such a person, God’s curse and wrath shall be on him on the Day of Resurrection, and no money or compensation shall be accepted from such a person.

(23) Whenever you differ about anything, refer it to God and to Muhammad ﷺ.

(24) The Jews shall share with the believers the expenses of war so long as they fight in conjunction.

(25) The the  Jews  of Banu ʿAwf shall be considered as one political community (Ummat) along with the believers for the  Jews their religion, and for the Muslims theirs, be one client or patron. He, however, who is guilty of oppression or breach of treaty, shall suffer the resultant trouble as also his family, but no one besides.

(26) The Jews of Banu Najjar shall have the same rights as the Jews of ʿAwf.

(27) The Jews of Banu Harith shall have the same rights as the Jews of ʿAwf.

(28) The Jews of Banu Saʿidah shall have the same rights as the Jews of ʿAwf.

(29) The Jews of Banu Jusham shall have the same rights as the Jews of ʿAwf.

(30) The Jews of Banu ʿAws shall have the same rights as the Jews of ʿAwf.

(31) the Jews of Banu Tha’labah shall have the same rights as the Jews of ʿAwf.

Of course, whoever is found guilty of oppression or violation of treaty, shall himself suffer the consequent trouble as also his family, but no one besides.

(32) The Jafna, who are a branch of the Tha’labah  tribe, shall  have the same rights as the mother tribes.

(33) The Banu Shutaybah shall have the same rights as the Jews of ʿAwf; and they shall be faithful to, and not violators of, treaty.

(34) The mawlas (clients) of Tah’labah shall have the same rights as those of the original members of it.

(35) The sub-branches of the Jewish tribes shall have the same rights as the mother tribes.

(36a) None of them shall go out to fight as a soldier of the Muslim army, without the per-mission of Muhammad ﷺ.

(36b) No obstruction shall be placed in the way of one’s retaliation for beating or injuries and whoever sheds blood shall be personally responsible for it as well as his family; or else (i.e., any step beyond this) will be of oppression; and God will be with him who will most faithfully follow this code (sahifdh) in action.

(37a) The Jews shall bear the burden of their expenses and the Muslims theirs.

(37b) If any one fights against the people of this code, their  i.e., of the Jews and Muslims) mutual help shall come into operation, and there shall be friendly counsel and  sincere behaviour between them; and faithfulness and no breach of covenant.

(38) The Jews shall be bearing their own expenses so long as they shall be fighting in conjunction with the believers.

(39) the Valley of Yathrib (Madina) shall be a Haram (sacred place) for the people of this code.

(40) The clients (mawla) shall have the same treatment as the original persons (i.e., persons accepting clientage). He shall neither be harmed nor shall he himself break the covenant.

(41) No refuge shall be given to any one without the permission of the people of the place (i.e., the refugee shall have no right of giving refuge to others).

(42) If any murder or quarrel takes place among the people of this code, from which any trouble may be feared, it shall be referred to God and God’s messenger, Muhammad ﷺ and God will be with him who will be most particular about what is written in this code and act on it most faithfully.

(43) The Quraysh shall be given no protection nor shall they who help them.

(44) They (i.e. Jews and Muslims) shall have each other’s help in the event of anyone invading Yathrib.

(45a) If they (i.e., the Jews) are invited to any peace, they also shall offer peace and shall be a party to it; and if they invite the believers to some such affairs, it shall be their (Muslims) duty as well to reciprocate the dealings, excepting that anyone makes a religious war.

(45b) On every group shall rest the responsibility of (repulsing) the enemy from the place which faces its part of the city.

(46) the Jews of the tribe of Aws, clients as well as original members, shall have the same rights as the people of this code: and shall behave sincerely and faithfully towards the latter, not perpetrating any breach of covenant. As one shall sow so shall he reap. And God is with him who will most sincerely and faithfully carry out the provisions of this code.

(47) This prescript shall not be of any avail to any oppressor or breaker of the covenant. And one shall have security whether one goes out to a campaign or remains in Madinah, or else it will be oppression and breach of covenant. And God is the Protector of him who performs the obligations with faithfulness and care, as also His Messenger Muhammad ﷺ.