TY - JOUR
T1 - NATION AND CITIZENSHIP IN THE MEDINA CHARTER
T2 - AN ANALYSIS OF CONSTITUTIONAL FOUNDATIONS AND STANDARDS AND THEIR ROLE IN PROMOTING CIVILIZATIONAL COEXISTENCE
AU - Mohammed Hasan, Baidar Mohammed
AU - Imad, Dina
AU - El Gammal, Mohamed Mahmoud
N1 - Publisher Copyright:
© The authors (2025).
PY - 2025/3
Y1 - 2025/3
N2 - This study aims to analyze the term "ummah" (nation) in both its general and specific contexts within the Islamic constitutional framework, exploring its relationship with religion and citizenship. The research stems from the need for a deeper understanding of the constitutional concepts embodied in the Constitution of Medina, as the first legislative model that regulated coexistence in a multi-religious and multi-ethnic society. The study employs an inductive-analytical approach to examine jurisprudential and constitutional sources, with a focus on extracting the foundations that promote the values of citizenship within a single state. The analysis of the principles and criteria of the Ummah and citizenship in the Constitution of Medina relies on a descriptive methodology to trace the fundamental components and an analytical methodology to interpret the constitutional relationships and implications. Among the key findings of the study are: that Islamic constitutionalism preceded other systems in regulating societal relations through concepts that ensure the continuity of coexistence despite religious and ethnic diversity. Additionally, the Constitution of Medina established certain principles, including three core principles: national belonging, societal security, and shared responsibility, as a constitutional framework governing the relationship between citizens and the state. The intellectual contribution of this research is its comprehensive constitutional analysis that connects the ummah, as a bond of religious identity, with citizenship, as a bond defined by constitutional law, showcasing how the document established a practical model for a pluralistic civil state.
AB - This study aims to analyze the term "ummah" (nation) in both its general and specific contexts within the Islamic constitutional framework, exploring its relationship with religion and citizenship. The research stems from the need for a deeper understanding of the constitutional concepts embodied in the Constitution of Medina, as the first legislative model that regulated coexistence in a multi-religious and multi-ethnic society. The study employs an inductive-analytical approach to examine jurisprudential and constitutional sources, with a focus on extracting the foundations that promote the values of citizenship within a single state. The analysis of the principles and criteria of the Ummah and citizenship in the Constitution of Medina relies on a descriptive methodology to trace the fundamental components and an analytical methodology to interpret the constitutional relationships and implications. Among the key findings of the study are: that Islamic constitutionalism preceded other systems in regulating societal relations through concepts that ensure the continuity of coexistence despite religious and ethnic diversity. Additionally, the Constitution of Medina established certain principles, including three core principles: national belonging, societal security, and shared responsibility, as a constitutional framework governing the relationship between citizens and the state. The intellectual contribution of this research is its comprehensive constitutional analysis that connects the ummah, as a bond of religious identity, with citizenship, as a bond defined by constitutional law, showcasing how the document established a practical model for a pluralistic civil state.
KW - Medina Charter
KW - Nation
KW - al-muwāṭanah
KW - al-ummah
KW - al-usus ad-dustūriyyah
KW - at-taʿāyush
KW - citizenship
KW - cohesion
KW - constitutional foundations
KW - wathīqat al-madīnah
UR - https://www.scopus.com/pages/publications/105017983952
U2 - 10.33102/mjsl.vol13no2.1259
DO - 10.33102/mjsl.vol13no2.1259
M3 - Article
AN - SCOPUS:105017983952
SN - 1985-7454
VL - 13
SP - 476
EP - 501
JO - Malaysian Journal of Syariah and Law
JF - Malaysian Journal of Syariah and Law
IS - 2
ER -