محمد محمد شعبان دياب

The Other in Islamic Thought:The Case of the Constitution

27

--- . Muhammad: Prophet and Statesman. London: Oxford

University Press, 1961. Print.

Weedon, C. Identity and Culture: Narratives of Difference and

Belonging. Berkshire, UK: Open University Press, 2004.

Print.

White, Sean William. Medina Charter of Prophet Muhammad

and Pluralism. IslamiCity. 2/2/2012 - Religious Social -

Article Ref: IC1102-4508. Retrieved on 25 December,

2012. <

http://www.islamicity.com/articles/Articles.asp?ref=IC110

2-4508>

Wingfield, Nancy M. Creating the Other: Ethnic Conflict and

Nationalism in Habsburg Central Europe. New York:

Berghahn Books, 2003. Print.

Yildirim, Yetkin. Peace and Conflict Resolution in The Madinah Charter. Peace Review: A Journal of Social Justice, 18:109117. Taylor & Francis Group, Llc. Doi: 10.1080/10402650500510750

26

Minneapolis, 1999. Print.

Rozen, Betty Sigler and Abraham Melamed. The Image of the

Black in Jewish Culture: A History of the Other. New

York :RoutledgeCurzon, 2003. Print. Shabbir. The Madinah Charter. Our Beacon Forum. 17 June

2009. Web. 27 December,

2012.

Shaw, George Bernard. The Genuine of Islam. Singapore, Vol. 1, No 8, 1936.

Tahir-ul-Qadri, Muhammad. Constitutional Analysis of the

Constitution of Madinah. Minhaj-ul-Quran Publications,

2000. Print.

Toss, Liliane and Salomon Diaz. Embracing the Arab Speaking Community in the Cultural Diversity of the

American Society. Web. December 20, 2012. < http://forest.huntington.edu/cccda/files/2009/05/toss-the-

arab-speaking-revised.pdf>.

Toynbee, Arnold J. Civilization on Trial. London, 1995. Print.

Volf, Miroslav. "The Role Of The 'Other.'" 2001. The Institute

For Global Engagement. June 5, 2003. Web. December 12,

2012.

.

Waardenburg, Jacques. Muslim Perceptions of Other

Religions: A Historical Survey. Oxford University Press,

New York, 1999. Print.

Watt, W. Montgomery. Muhammad at Medina, Oxford:

Clarendon Press, 1956. Print.


25

Othering. New Narratives Multicultural Literature at the University of Oslo, 2011. Web. 20 December 2012. <

http://newnarratives.wordpress.com/issue-2-the-

other/other-and-othering-2/>

Esposito, John L. What Everyone Needs to Know about Islam.

New York: Oxford University Press, 2002. Print.

Governance and Social Development Resource Centre.

Labelling. Social exclusion. Web. July 28, 2012. < http://www.gsdrc.org/go/topic-guides/social-

exclusion/social-exclusion-as-a-process>

Hagglund, Martin. The Necessity of Discrimination: Disjoining Derrida and Lvinas. Diacritics: A review of Contemporary Criticism. Volume 34. Number 1. Spring

2004. 40-71. Print.

Harle, Vilho. The Enemy with a Thousand Faces: The

Tradition of the Other in Western Political Thought and

History. Westport, CT: Praeger Publishers, 2000.

Joffe, Hlne. Risk and 'The Other'. Cambridge: Cambridge

University Press, 1999. Print.

Kearney, Richard. Strangers, Gods and Monsters Interpreting

Otherness. Routledge: London, 2003. Print.

Kleidosty, Jeremy. From Madinah to Runnymede: Comparing

the Foundational Legacies of the Constitution of Madinah

and The Magna Carta. New Middle Eastern Studies, 1 (2011). Web. 12 December, 2012.

.

Marchetti, Gina. Romance and the Yellow Peril. Berkeley: U

of California P, 1993. Print.

Neumann, Iver B. Uses of the Other: "The East" in European

Identity Formation. University of Minnesota Press,

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Works Cited

Anderson, J.M. Lessons from a Postcolonial-Feminist Perspective: Suffering and a Path to Healing. Nursing Inquiry, 11(4), 2004. 238-246. Print.

Armstrong, Karen. The Curse of the Infidel. The Guardian, 20 June 2002. Web. November 15, 2012.

<

http://www.guardian.co.uk/world/2002/jun/20/religion.sep

tember11>.

Can, Sefik. Fundamentals of Rumi's Thought. New Jersey: The

Light, Inc., 2005. Print.

Cordeiro, Jose Luis. Constitutions Around the World. A View

from Latin America. LAP Lambert Academic Publishing,

2009. Print.

Cornell, Drucilla. The philosophy of the limit. New York:

Routledge, 1992. Print.

Coupland, N. Other Representation. J. Verschueren, J.-O. stman, J. Blommaert & C. Bulcaen (Eds.), Handbook of

pragmatics (pp. 1-24). Amsterdam/Philadelphia: John

Benjamins, 1999. Print.

Crane, Robert D. Islamic Social Principle of the Right to Freedom (Haqq al-Hurriyah): An Analytical Approach. Arches Quarterly (Summer, 2009, Vol. 3, No. 4) pp. 8-9 .

Web. October 19, 2012.

.

Derrida, Jacques. Writing and Difference. Trans. Alan Bass.

University of Chicago Press, 1978. Print.

Engelund, S.R. Introductory essay: The other and

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22

understanding and cooperation amongst people of the different

faiths. As White has rightly said, Just as in the streets of Medina, through tolerance and respect, we too may one day have a world-

wide ummah, where a passing Christian will say, "Peace be upon

you" to a Muslim, who will reply, "Peace be upon you too." In

short, the Constitution of Madinah became an evidence of Islam's inherent message of peaceful coexistence, the permissibility of

religious pluralism in areas under Muslim rule, and the right of

non-Muslims to be members of and participants in the broader

Muslim community" (Esposito 81). Finally, the Prophets wisdom and leadership in Madinah has been acknowledged by worldwide

thinkers and writers who objectively view him as one of the

greatest leaders humanity has ever known. I would like to conclude

by quoting the famous English critic and dramatist, George Bernard

Show who admitted that:

Islam is the only religion which appears to me to possess

that assimilating capacity to the changing phase of existence

which can make itself appeal to every age. I have studied

him the wonderful man [ Prophet Mohammad] and in my opinion far from being anti-Christ, he must be called the

Saviour of Humanity. I believe that if a man like him were to

assume the dictatorship of the modern world, he would

succeed in solving its problems in a way that bring it the

much needed peace and happiness.


21

This document, the Constitution of Madinah, may be taken

to show that the people of Madinah were now regarded as

constituting a political unit of a new type, an Ummah or

community. In some ways it was like a federation of nomadic clans or tribes. It was bound together by their

solemn agreement with one another. (1961, 94)

The Madinah Constitution was not only the first Islamic

constitution but it was also the first human right Constitution that

provided the basic rights of every human living in Madinah. It

gives a clear guarantee for the right of non-Muslims and the Jews.

As a result of this constitution, which established justice between communities with differing beliefs and ensured the protection of

their various interests, long years of enmity were brought to an

end. This Constitution, earlier than the United Nations Declarations of Humans Rights, reaffirmed the fundamental rights

of people, the dignity and worth of the human person and the equal

rights of men and women and promoted social progress and better

standards of life within a larger realm of freedom. It even surpasses

some modern and contemporary constitutions and human rights

declarations. As Shabbir puts it:

The Madinah Constitution is the first, and in this, it preceded

the American Constitution of 1787, considered by Western

authorities as "a landmark document of the Western world

the oldest written national constitution in operation" (FN3) by more than a thousand years! It also preceded the

English Feudal Bill of Rights, the Magna Carta of 1215, by

almost six centuries! United Nations Charter of Human

Rights came into being only in 1945.

The way the Prophet (PBUH) dealt with others who are

different in religion, race and ethnicity shows him the Noblest Exemplar of defending human rights and freedom of thought, and belief. Because of the Constitution, the Madinah society was

capable to live in a society that was based on peace, mutual

20

can ever obliterate the rights of a non-Muslim to live in peace.

Muslims and the other non-Muslims should be protected and

treated equally.

These are some articles in this constitution that aimed at

creating what we can call now religious pluralism where the

diversity of religious belief systems are free to co-exist in a society.

Because of this constitution, the various autonomous tribes were incorporated in a single confederation with common rights and

responsibilities. The Prophet called this confederation an Ummah

or single community composed of different ethnic and religious

Ummas as sub-groups ( Crane). In contrast to the idea of the melting pot where the different elements of the society are "melting

together" into a harmonious whole with a common culture, and

which is particularly described the integration of minorities into

their host countries cultural values, the Prophet aimed at creating a noble and just society where each individual and minority has its

own rights and freedoms as a way to ensure a predominant

atmosphere of peace and security for the whole of the society.

Conclusion:

The articles of the Madinah constitution should be taken as an

example of how members of different religions today should live

peacefully. The city of the Prophet, Madinah, had lived the best

example of religious pluralism and tolerance. It became the symbol of a society in which all human beings shall enjoy freedom of

speech and belief. The Prophet, through the Medina Constitution, was practicing Islam through action. For with reason, discussion,

and contemplation, a peace treaty was created (White). It provides elements to unite people of various races and to establish peace and

eliminate any hostility that was occurring before the arrival of

Prophet Muhammad to Madinah. Although this Constitution has

been an old document, it has profoundly shaped tolerance

awareness among many Muslims nowadays. As W. Montgomery

Watt puts it:


19

commands of this religion. All these rights are derived from being

human. Moreover, the article implies that every religious group is

free to take care of its own religious affairs, and to form its holy

institutions. The sole purpose of this article provided independence

and tolerance to the ones who are from another religion, belief, and

race.

Again, this article is more specific to religious matters and

older than the UN Declaration of the Human Rights which are too

shy to support religious freedoms to that extent. The Quran

repeatedly emphasized that mankind has free-will to believe as they

choose. Islam never accepts compulsion even if it be the only way

to Islam itself for believing in God and the enforcement of His law

cannot be properly achieved unless man is free from fear. This

other is never under any pressure to accept or reject Islam. In short,

this other must not be forced to embrace Islam, as it would serve no

useful purpose for this other to do so under intimidation, while his

mind and heart remain closed to guidance, Once this other is shown

the right path then it is his/her choice whether to follow it or

abandon it. However, this religious freedom is associated with a

sense of responsibility towards the community as a whole. All

residents of Medina, regardless of their religion, should cooperate

in resolving economic hardships and defending Medina if it is to be

attacked by outsiders.

In another article, 49, which states that a person given constitutional shelter shall be granted an equal right of life

protection as long as he commits no harm and does not act

treacherously. Protection shall be granted to everyone who has been

given the Constitutional Shelter. The fundamental rights of the religious other, according to this article, are their protection from

all external threats, their protection from internal tyranny and

persecution and their right to their own personal law according to

the teachings of their own religion. According to this article the

religious other enjoys security and equal right of life protection and

justice. Under this constitution no distinction of race or religion,

18

different religious communities is clearly stated in the Madinah

Constitution. The Constitution emphasized the fact that people are

free in belief and they shall live in peace, security and liberty in

Madinah as long as they are adhering to the Constitution. They will

enjoy the greatest freedom in practicing their religion, and their

traditions will be respected. No one shall abuse them, put them in

danger or attack their lives, properties or religious houses of

worship as long as they agree to this Constitution. The obvious

example of this religious freedom is evidently stated in Article 30:

Guarantee of Freedom of Religion for both Muslims and Non-

Muslim Minorities. It reads:

The Jews of Banu Awf (non-Muslim minorities) shall be

considered a community along with the believers. They shall

be guaranteed the right of religious freedom along with the

Muslims. The right shall be conferred on their associates as

well as themselves except those who are guilty of oppression

or the violators of treaties. They will bring evil only on

themselves and their community.

In this article the Prophet proclaims freedom of religion for all

peoples and all tribes, to the end that every member of the tribes,

keeping this Constitution constantly in mind, should respect these

rights and freedoms and secure their universal and effective

recognition and observance, both among the members of his/her

tribes and among other tribes and associates who are under their

control. Moreover, this article guarantees freedom of religion in

terms of adopting, and practicing it. It emphasizes individual

personal liberty to recognize the religion of his/her choice without

compulsion. Jews and others have the freedom to observe and to

practice their faith without fear of, or interference from, others.

Freedom of religion in this article implies that non-Muslims are not

compelled to convert to Islam, nor are they hindered from

practicing their own religious rites. Since Jews, as well as

Christians, can have the right to have their own faith, they can

freely practice their prayers and equally they have the right to teach


17

the constitutional subjects of the state.)

The main associates of the constitution are: Muslims of

Quraysh, who migrated to Madinah and the people of Yathrib who

are an amalgam of different tribes, ethnicities and cultural

minorities including: Jews, Arabs and others. In this article, there is

a clear announcement that the subjects of the Constitution are equal

and they are entitled without any discrimination to equal protection

against any discrimination in violation of this Constitution. The

Madinah Constitution expressly acknowledged those different

others involved in the Yathrib conflict. For example, the first 23

sections of the Constitution addressed the Muslim immigrants from

Makkah and Muslims of Yathrib. The second half of the document

was directed toward the Jews of the community. Specific

identification of the participants occurs in sections 411 for the Islamized tribes and sections 2535 and section 46 explicitly directing the Jewish population to be one community with the

Muslims (Yildirim, 112). Apparently, the main purpose of

declaring the main subjects of the treaty is to ensure the rights of

the other in a way that will lead to a peaceful and stable Madinah

society. The Prophet realized that divisions and conflicts usually

breakout abruptly and resolving these can create long-term

problems. As Sean William White puts it:

The Medina Charter serves as an example of finding resolve

in a dispute where peace and pluralism were achieved not

through military successes or ulterior motives but rather

through respect, acceptance, and denunciation of war -

aspects that reflect some of the basic tenets of the religion

Prophet Muhammad, peace be upon him, was guiding and

promoting.

The Religious Other:

Among the articles that deal with the relationship with the

other was the religious freedom assured to the non-Muslim citizens

of Madinah. The Prophets way of managing the relations between

16

adopted while drafting the Madinah constitution proved that he was

an expert with dealing with the psychology of the others. Before the

Constitution became a reality, the Prophet consulted the leaders of

each tribe, thereby demonstrating his willingness to listen to the

needs of the other. Once the tribal leaders accepted the articles of

the Constitution, it was understood that younger members of the

tribes would go after their leaders, regardless of religion simply

because this Constitution outlined the rights and duties of its citizens, provided collective protections for all citizens of Madinah,

including both Muslims and non-Muslims, and provided the first

means of seeking justice through law and community instead of

tribal military actions (Yildirim 111).

Critical Analysis of the Madinah Constitutionviii:

The way the Prophet ordered the constitution to be written is

similar in many ways to the methods of writing modern and

contemporary constitutions. For example, similar to modern

methods of resolving the tensions among conflicting groups, the

Prophet had espoused some techniques in order to reach a

compromise among others of different interests, religions, and

ethnicities. These techniques can be compared to methods present in modern conflict resolution theories, including fractionation,

focusing on interests and goals, and attempting to change the

perceptions of power among participants (Yildirim, 111). Moreover, similar to some modern and contemporary treaties, the

Prophet mentioned that the constitution is a pact between all people

of Madinah, outlining the main rights and duties of each partner

who signed this deal. Right from the very beginning, the Prophet

(peace be upon Him) states the main partners of the constitution in

Article 2: under the title of Constitutional Subjects of the State:

(This shall be a pact) between the Muslims of Quraysh, the

people of Yathrib (the Citizens of Madinah) and those who

shall follow them and become attached to them (politically)

and fight along with them. (All these communities shall be


15

When we develop a clear and objective view of what the

other really is, and not what he assumes to be, we will have

the chance to get closer to him and consequently, we will

allow him to try to forge a certain image of us that is

different from the one he had before. (2-3)

The Prophet (Peace be Upon Him) had this clear and objective

view of what the other thought. He possessed the double vision of

an insider who was once an alien himself. He was well aware of the

controversial position in which his position as a Prophet placed

him. Knowing the psychology of human beings that people tend to

define themselves solely by what differentiates them from others,

and, thus, conflicts oftentimes arise leading to hatred or distortion

of the Other, the Prophet believed that embracing Otherness will be

one of the things that will alleviate the tension between the warring

factions in Madinah. In that sense, an aspiration to a non-violent relationship to the Other (Cornell, 62), will be the very first step in the long and sometimes painful process of reaching him. The

Prophet knew that, it did not make a difference whether the Other is

primordially good or not for prescribing a non-violent relationship with him or her or it (Hagglund 40). At this point, this other will no more be the despised other, but a human being

like us, a dearly loved other. Moreover, the Prophet believes that

there is no sense to prejudice against the beliefs and practices of the

religious "other" because this simply often intensifies conflicts and

tensions among people, and contributes to misunderstanding. As

Toynbee has rightly said:

The extinction of race consciousness as between Muslims is

one of the outstanding moral achievements of Islam, and in

the contemporary world there is, as it happens, a crying need

for the propagation of this Islamic virtue it is conceivable that the spirit of Islam might be the timely reinforcement

which would decide this issue in favor of tolerance and

peace. (87-88)

To sum up, the procedures the Prophet Muhammad had

14

After making sure that everyone in Madinah, regardless of their

religion, race or ethnicity, is enjoying the freedom of belief, the

Prophet sought to erase the main cause of peoples hostilities. In this way, the Prophet was able to establish peace by asking each

one to shoulder the responsibility of maintaining it. According to

Yetkin Yildirim,

The Madinah Constitution, prepared as the basis of the

Madinah city-state established by Prophet Muhammad, was

the first written constitution in Islam and arguably the first

instance of constitutional law in society. The Constitution

was a document that established governing rules for the

people of Yathrib (later known as Madinah, which means

city in Arabic) and addressed specific social issues of the community in an attempt to end the chaos and conflict that

had been plaguing the region for generations. (110)

Upon his arrival, one of the first challenges that faced Prophet

Mohammed was to join together the heterogeneous and conflicting

elements of which Yathrib and its suburbs were composed, into one

community. Madinah was full of different forms of Otherness.

More specifically, there were two forms of otherness: the other who

was of a different religion (Muslims vs. pagans, and Jews), and of a

different origin (Madinah natives vs. Meccan immigrants). He went

into private negotiations with those different Others in order to

reach a consensus among them. After several months of patient

negotiations, the Prophet reached minimum consensus among the

various populations units of the constitutions. As White puts it:

Peace was achieved in Medina, not through the might of arms or the scale of wealth, but through the unyielding principles of Islam -

tolerance, love, reason, and a belief in God - whether the God in the

Bible, the Quran, or the Torah. The Prophet interacted with Others by focusing not on the negative aspects of being different, but by

finding a point of contact where they can get together and away

from any differences that will split them away. According to

Liliane Toss and Salomon Diaz,


13

challenges of government from the earliest days of Islam,

albeit within the framework of a transcendent law (shara).

Historical Background:

Before analyzing the Constitution it is important to understand

the contexts in which it was created and why it is needed. Before

the Prophets arrival, Yathrib, later called the Madinah of the Prophet, was a city in which various other faiths were

present. There were Jews, polytheists, and others who were not

affiliated with any religion. Moreover, the city had been full of

tribes who were with obvious ethnic prejudices and who frequently

placed the interests of their own kind above those who were unlike

them. It was not very easy for those people to live together in

harmony. One group could become hostile towards another over the

slightest word or action. As a place of diverse tribes and religions,

Yathrib was liable to tension and instability. Religious differences

lead to potential conflict and tribal disputes had been aggravated by

social and economic injustices. Long-standing hostilities interfered

with the ability of each individual living in Yathrib to see each

other clearly, leaving them to view each other according to

established stereotypes and prejudices. At this period of time,

Yathrib was in need of a spiritual leader, and they found such a

leader in the Prophet (Peace be upon Him) when he immigrated to

it. On his arrival, Allahs Messenger was requested by the tribes in Yathrib to act as a third-party mediator to try and help resolve the

on-going conflict between them. He acted as an arbiter between the rival factions and thus help to maintain peace in the oasis (Watt, 1956: 96).

Why the Constitution was needed:

The Prophet knew that one of the main reasons of the

hostilities among the tribes in Madinah was their disregard and

contempt for rights for each other and this resulted in barbarous

acts which led to wars and separation rather than peace and unity.

12

last forever. When the Prophet came to Madinah, he found the

religious Others who prefer to remain in their religion. The Prophet

respected their right to do so. He guaranteed them freedom of

worship and autonomy in their religious institutions. He gave them

the right to manage their own affairs and the obligation to live in

peace and co-existence with others. And what is more, Islam orders

its followers to protect the freedom of belief and worship for

followers of other religions. Allah says in the Quran,

For, if God had not enabled people to defend themselves

against one another, monasteries, and churches and

synagogues and mosques in which Gods name is abundantly extolled would surely have been destroyed.vii (22: 39-40)

The reference to Christians churches and the Jews synagogues before the mosques indicate their significance as places

of worships and the duty of Muslims to protect them against any

desecration in order to ensure the freedom of belief for all.

The Madinah Constitution as a Practical Example:

According to Jose Luis Cordeiro the Madinah Constitution s said to be one of the earliest constitutions which guarantees basic

rights to religions and adherents as well as reinforcing a judiciary

process regarding the rules of warfare, tax, and civil disputes (18-19). To another, this constitution is an obvious potential exemplar for those wishing to govern in an Islamic fashion. It also accounts

for the possibility of an Islamic pluralism that allows for peaceful

religious coexistence within a Muslim state. (Kleidosty). According to Jeremy Kleidosty

The very existence of this agreement and the details

contained therein (it lays out, for example, explicit

expectations of the duties of various tribes and their rights to

the benefits of society, and a vision of the rule of law)

indicates that practicing Muslims and non-Muslims in

Islamic states have codified and negotiated the various


11

conquered with respect; they did not intervene with their beliefs nor

touch their churches" (Can 172).

In Islam The Other is not inferior:

Generally speaking, the main attitude of Islam towards Others

is to deal with them justly. The Other is always equal and is never

looked upon as inferior. During his final sermon,v the Prophet

called on Muslims in these terms:

There is no superiority for an Arab over a non-Arab and for

a non-Arab over an Arab; or for white over the black or for

the black over the white except in piety. Verily the noblest

among you is he who is the most pious.vi

According to this sermon, Islam does not accept any type of

ethno-centrism which leads to the perception of 'the superior race',

who considers others as 'the subject races' or 'people of inferior

gods'. Islam seeks a real intercultural society, unlike the modern

multicultural ones, where many of its other minorities or

disadvantaged groups are marginalized. The main objective of Islam is to achieve a harmonious co-existence between followers of

different religions or religious creeds, representing a practical way

of achieving Islamic tolerance. As Karen Armstrong has rightly

pointed out:

In the Islamic empire, Jews, Christians and Zoroastrians

enjoyed religious freedom. This reflected the teachings of

the Quran which is a pluralistic scripture, affirmative of other traditions. Muslims are commanded by God to respect

the People of the Book, and reminded that they share the

same belief and the same God.

Practically speaking, the Prophet (Peace be Upon Him) has

dealt with so many types of people of different religions, races,

ethnicities and he proved himself a good example to be followed by

his companions. He advised his followers that differences among

mankind is what Allah has meant it to be, and that the existence of

Jews and Christians and even non believers is something that will

10

In another verse in the Quran, this fundamental message of

diversity and pluralism is emphasized where it is mentioned that

God created a world that includes different nations, ethnicities,

tribes, and languages. If He willed He could have created us as one

and the same, but it is His wisdom to create us different in shapes,

languages, colors, beliefs, customs and traditions:

To each of you We have given a law and a way and a

pattern of life. If God had pleased He could surely have

made you one people [professing one faith]. But He wished

to try and test you by that which He gave you. So try to

excel in good deeds. To Him will you all return in the end,

when He will tell you how you differed (5:48).iii Theoretically speaking, Islam views this diversity amongst

humankind as a blessing and as something positive; it is a way for

Mankind to learn about each other. According to Islam, the best

way to achieve co-existence among people of different religions

and races is to hold a dialogue among those peoples and cultures in

order to serve the universal objectives of the society. On this,

Allah ) ( SWT says: "O Mankind, We created you from a single pair of a male and a female and made you into nations and

tribes, so that you may know one another. Verily the most honored

of you in the sight of God is he who is the most righteous of you"iv

(Quran 49:13). From this verse, one can draw several fundamental

Islamic principles regarding the Other which are reaffirmed

elsewhere in the Quran and the Prophets teachings. First, the verse emphasizes the fact that Allah addresses the whole humanity, not

only Muslims and that all humans are equal since they all are born

through a similar process, i.e. from a male and female. Secondly,

this verse reiterates that all humans are equal regardless of race,

language, colour, and nationality in order to reach this idea of the

whole humanity being one family of God. Thirdly, the verse refers

to the ultimate tolerance of Islam towards others by holding

dialogues with them. "It is for this tolerance in the Islamic view that

Muslims have looked at the religion of the people in the lands they


9

notions about what the Other stands for and believes.

Islam acknowledges that the other is different:

The relationship between the non-Muslims and Muslims has

been long characterized by misunderstanding and lack of

knowledge of Islam and its sublime teachings. The relationship of

Islam with the Other, both in theory and practice, has been intricate

and multifaceted. In the course of history, Islam - as a religion and

as a religious community - has come into contact with non-Muslims

and their cultures in different situations and at different times and

places. As Waardenburg puts it:

Since its inception the Muslim civilization has been in

continuous relationship with other cultures and civilizations.

It extends from the Atlantic to the Pacific Oceans and

through regions which have long been carriers of culture. As

a consequence, Muslims have come into contact with many

religions. One may think not only of various forms of

Christianity and Judaism inside and outside the Middle East

but also of Zoroastrianism and Manicheism, Hinduism, and

even Buddhism, not to speak of nonliterate religions in many

parts of Asia and Africa. (xi)

The relationship of Muslims with Others living among them is

long and complex. First of all, Islam acknowledges that the Other

exists and has the right to live in peace in an Islamic community.

Contrary to the previous negative conceptions of the other in some

contemporary communities, Islam takes a positive stand towards

the Other. First of all, Islam agrees with the view that the Other is

different, where it is Gods design to have different faiths, races, languages and civilizations. Allah ) ( SWT states this clearly in the Holy Quran:

If your Lord had pleased, He would have made all people a

single community, but they continue to have their differences except those on whom your Lord has mercy for He created them to be this way.ii (11:118-119)

8

monuments of their cultural and religious identity will be

destroyed, inscriptions of their collective memories erased;

the places of their habitation will be plundered and then

burned and bulldozed.

To sum up, in modern and contemporary societies, the Other

has always been perceived negatively and, therefore, it has been

treated unequally and unjustly. One of the disturbing realities

nowadays is that Otherness has come to be defined as in and of itself evil (Volf).

However, in order to have a stable and peaceful society, the

ideal relationship between one community and the Other should

entirely be based on justice. It is mutual respect between Self and

the Other that will be the first step toward a true and tangible

understanding. Knowing that differences are the norm, will allow

us to see that the other is not myself and who has ever maintained that it is? but it is an Ego (Derrida 110). Neumann elaborated on this point. He writes:

Indeed, if there were only two of us in the world, I and one

other, there would be no problem. The other would be

completely my responsibility. But in the real world there are

many others. When others enter, each of them external to

myself, problems arise. Who is closest to me? Who is the

other? Perhaps something has already occurred between

them. We must investigate carefully. Legal justice is

required. There is need for a state. (17)

Modern and contemporary thinkers and philosophers suggest

that we must first perceive the Other through their eyes and not our

own particular lens. In that way, the other will not be the enemy,

but as a potential friend. This ideal relationship between self and

Other, or We and Them in one community existed at the time of the

Prophet Muhammad fourteen hundred years ago. In his Madinah,

the Arabic word for city, the Prophet (Peace be upon Him) created

a space of trust and love for its citizens, immigrants and locals who

do not know each other and yet are raised with preconceived


7

In the eyes of the colonizers, the Other is always weak and

inferior and therefore, must be colonized. This colonializing

attitude has been the most universal way for one group to attack

and rule the other who is always singled out for unequal treatment

and is considered as an object of prejudice and discrimination.

According to Engelund

When we other another group, we point out their perceived weaknesses to make ourselves look stronger or

better. It implies a hierarchy, and it serves to keep power

where it already lies. Colonialism is one such example of the

powers of Othering.

Another negative image of the Other is that this Other has been

perceived as evil, particularly threatening, and violent. In the 19th

and early 20th

centuries, in order to advocate for their cause,

colonizers claimed that the Other is the enemy, and hence, it must

be excluded, destroyed and killed. The enemy appears when

We/Us and They/Them are thought to be fundamentally different, emerging from the Other in times of war and other

societal violence (Wingfield 1).

According to the advocates of colonialism, the Other becomes

an enemy when it becomes different and threatening to the Self. It

is perceived as aggressive and evil in its nature. As Harle puts it:

The Enemy is a special case of the Other; the Enemy represents Evil (the Devil), while the Self represents Good (God). The

relationship between the Enemy and the Self, therefore, adds

hostility and violence to the identity-creating relationship (15). This Other is perceived usually as an enemy in a battle of good versus evil, us against them. Moreover, the other is regarded in some communities as insignificant and therefore, it must be

banished and destroyed. According to Miroslav Volf,

Otherness is filth that must be washed away from the ethnic

body, pollution that threatens the ecology of the ethnic

space. The others will be rounded up in concentration

camps, killed and shoved into mass graves, or driven out;

6

In modern era, especially in colonial and post-colonial

countries, the other is always perceived negatively. In colonial

cultures, the Other used to be perceived as being different in some

fundamental way. This Other is nothing more than a "foreigner" or

an "outsider." It generally includes those outside of, and implicitly subordinate to, the dominant group" (Joffe 18). Moreover, this

Other is different because he/she has different sets of behavior or

ways of living, language, race, color and religion that are perceived

as completely different. These differences exist within each

community as well as across cultural boundaries. As Rozen and

Melamed put it: "the other is then not only qualitatively different,

but the complete opposite of himself, and hence naturally inferior.

Someone who is the exact opposite of the beautiful and the good

will, of logical necessity, be ugly and evil" (26).

Since the Other is always seen as different, it is almost always

perceived as inferior or less worthy and is treated accordingly.

Many societies rendered their Others to inferiority and strangeness.

In some societies, the Other is nothing more than a "stranger" or an

"outcast." The relationship between the Self and the Other, 'us' and

'them,' does appear as, and is, hostile and violent and often

extremely so" (Harle 11). Moreover, the Other is inferior and this

inferiority is mainly related to its subordination. In other words,

Othering is a process where a dominant group looks at the Other as

a subordinate. For an instance, the American Governance and

Social Development Resource Centre website defines the practice

of Othering as follows:

Othering is the process through which a dominant group defines into existence a subordinate group. This is done

through the invention of categories and labels, and ideas

about what characterizes people belonging to these

categories. The literature defines Othering as what happens when a person, group or category is treated as an object by another group. This objectification allows actors to break the moral rules of social relationships.


5

Othering has been defined as an act of representation by which identity is assigned, human existence is categorized, people are

characterized according to certain criteria, and experiences are

homogenized (240). In addition, Othering refers to the process of representing an individual or a social group to render them

distant, alien or deviant (Coupland, 5).

Negative Representations of the Other:

Throughout history, each society and culture tend to have their

own others," and set a group of images and characteristics for these Others. These images are the construction of historical events

and of a culture that perpetuates them. As Engelund puts it, its hard to imagine a society in which we divide people into us and them without putting us above them. In many cases, this other has been represented in more negative images than positive

ones. For example, primarily in white Western societies, the Other

is perceived as physically and intellectually inferior, morally suspect, heathen, licentious, disease-ridden, feral, violent,

uncivilized, infantile, and in the need of the guidance of white,

Anglo-Saxon Protestants" (Marchetti 2-3). In addition to these

negative images of the Other, one can add to the list how the Other

is perceived as different, weak, evil, subordinate, enemy, hostile,

and must be colonized. According to Richard Kearney,

Otherness was considered in terms of an estrangement which

contaminates the pure unity of the soulthe other is an adversary, the stranger a scapegoat, the dissenter, a devil. It

is this proclivity to demonize alterity as a menace to our

collective identity which so easily issues in hysterical stories

about invading enemies. (65)

In what follows, we will discuss these negative images of the

Other in some modern and contemporary societies, and then compare these images to the ones perceived in the Madinah

constitution of the Prophet Muhammad (Peace be Upon Him).

The Modern Conceptions of the Other:

4

how this Other is represented in the Prophets Madinah Constitution, which guaranteed the human rights of all the religious

minorities of Madinah at the inception of the first civil Muslim state

fourteen hundred years ago, earlier than the United Nations

declarations of these rights in 1945. After defining the concept of

the Other and showing how the Other is perceived in some

contemporary communities, the paper will, through an examination

of the Madinah Constitution, show how this concept is dealt with in

Islam. A critical analysis of some articles of this constitution will

be provided to show how in Madinah Islamic tolerance has been

exemplified, where people of diverse religions lived together

peacefully along each other, Jews, Christians, pagans, non-believers

and Muslims.

The Other: Definitions and representations:

One of the problems to do with the concept of the Other is its

complex definition and the various negative images related to it.

For example, various thinkers agree that there is no such exact

definition of the Other simply because the concept is in itself

complex and changing. As Sara Rismyhr Engelund has rightly said,

The concept of the other is a complex one, and it is hard to pinpoint exactly what it means. Does it have any meaning at

all? The question of who the other is might seem useless,

because in some way we are all others to someone, and everyone else is other to us. We can never fully know the other, and even if we strive to do so, the other is constantly changing.

Although it is truly difficult to provide one exact definition of

the Other, it is still very important for the purpose of this paper to

survey the various meanings of this concept. For example,

according to Weedon, "Othering" refers to the process of

"constructing another people or group as radically different to

oneself or one's own group, usually on the basis of racist and/or

ethnocentric discourses" (166). In another definition by Anderson


3

Introduction The misleading thought that Islam is an "intolerant" religion is

held as a fact by many Westerners. Especially, after September 11,

2001, a new wave of antagonism against Islam has arisen, and

Muslims have been attacked as intolerant and oppressive. Islam,

which is a religion of tolerance and peace, is now associated with

prejudice and violence. Western people have often perceived Islam

as a violent and intolerant faith and they were viewing Islam

through their own muddled preconceptions (Armstrong). As a matter of fact, Western media keep portraying Islamic followers as

prejudiced against people of other religions. Every day and night,

the media claim that Muslims cannot tolerate cultural diversity in their own countries or even in the host ones. This explains why they

fail to act within mainstream American value systems (Toss & Salomon Diaz).

These stereotypical notions of Muslims are misleading and

result in an intended misunderstanding of Islam and its followers.

In fact, the reality was very different. Islam, for example, is not the intolerant or violent religion of western fantasy (Armstrong). The best method to comprehend the Islamic standpoint about the

relation between Muslims and others is to follow what Prophet

Muhammad said and practiced. The prototype of this religious

tolerance has been long practised during the time of the Prophet

Muhammad who enjoined on Muslims a just and tolerant attitude

towards those of other religions, languages, races and tribes. The

Prophets Mithaq-l-Madinahi or Constitution of Madinah is the best example of that.

The objective of this paper is to discuss how the Other is

represented and treated in Islam. For the limitations of this paper, I

would like to discuss only one type of Otherness: the religious

other. In general theoretical terms, I am concerned with the issue of

representations of the religious Other, and more specifically with

The Other in Islamic

Thought: The Case of the Constitution of

Madinah

Mohammad Shaban Ahmad Deyab

Associate Professor of English Literature

محمد محمد شعبان دياب

Documents

oxford university press

new york

cambridge university

constitution of madinah

open university press

madinah charter

university of oslo

clarendon press