The Constitution, Charter or Covenant of Medina pre-dated the English Magna Carta by almost six centuries. It applied to the 10-20,000 citizens living in Medina at that time. About 50-55% of the total population in Medina consisted of pagan Arabs, 30-40% consisted of Jews, and only about 15% were Muslims, at the start of this treaty.

So Prophet Muhammad’s Charter/Covenant of Medina was designed to govern a multi-religious pluralistic society in a manner allowing religious freedom for all. As the Qur’an states: (49: 13) “O mankind! We created you from a single (pair) of male and female, and made you into nations and tribes, that you may know (respect) each other. Verily the most honored of you in the sight of Allah is the most righteous of you. Allah has full knowledge and is well acquainted (with all things)”.

The Charter’s 47 clauses protect human rights for all citizens, including equality, cooperation, freedom of conscience and freedom of religion. Clause 25 specifically states that Jews and pagan Arabs are entitled to practice their own faith without any restrictions: “The Jews of the Banu ‘Auf are one community with the Muslim believers, their freedmen and their persons, except those who behave unjustly and sinfully for they hurt only themselves, and their families.

(26-35) The same applies to the Jews of the Banu al-Najjar, Banu al-Harith, Banu Sai’ida, Banu Jusham, Banu al-Aus, Banu Tha’laba, and the Jafna, a clan of the Tha‘laba and the Banu al-Shutayba. Loyalty is a protection against treachery. The freedmen of Tha‘laba are as themselves. The close friends of the Jews are as themselves. So the Covenant of Medina was the first political document in history to establish religious freedom as a fundamental constitutional right.

The “Charter of Medina” created a new multi-tribal ummah/community soon after the Prophet’s arrival at Medina (Yathrib) in 622 CE. The term “constitution” is a misnomer. The treaty was more like the American Articles of Confederation that proceeded the U.S. Constitution because it mainly dealt with tribal matters such as the organization and leadership of the participating tribal groups, the ransoming of captives, and that Jews and pagan Arabs are entitled to practice their own faith without any restrictions.

As the Qur’an states (2:136) “Say: “We believe in God, and in that which has been bestowed from on high upon us, and that which has been bestowed upon Abraham and Ishmael and Isaac and Jacob and, their descendants, and that which has been vouchsafed to Moses and Jesus; and that which has been vouchsafed to all the [other] prophets by their Sustainer: we make no distinction between any of them. And it is unto Him that we surrender ourselves.”

Two iterations of the document (henceforth, “the treaty”) are found in Ibn Ishaq’s Biography of Muḥammad (sira) and Abu ʿUbayd’s Book of State Finance (Kitāb al-amwāl). Some argue the final document actually comprises several treaties concluded at different times.

According to Arjomand, the treaty is a “proto-Islamic public law.” Some clauses in the second part of the treaty, or the treaty of the Jews section........

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