latar belakang tindakan Muhammad terhadap yahudi bani Quraiza dan yahudi
bani Qainuka...
adw agak tertukar-tukar antara nama kedua bani yahudi tersebut, tetapi inti
permasalahannya adalah:
1. ketika perang Khandaq atau perang parit, yang mana madinah dikepung oleh
± 30.000 pasukan quraisy mekah, salah satu dari bani yahudi tersebut
bersekutu dengan pasukan Quraisy mekah dengan jalan memboikot logistik
makanan, sehingga pada waktu perang tersebut penduduk mekah mengalami
bencana kelaparan yang sangat. setelah pasukan Quraisy berhasil di usir,
maka penduduk mekah mengepung benteng bani yahudi tersebut selama seminggu
berturut-turut, sehingga kemudian mereka menyatakan menyerah dan menyerahkan
keputusan hukuman atas mereka melalui salah seorang sekutu mereka yang juga
yahudi, muhammad menerimanya syarat tersebut. dan orang itulah yang
memutuskan bahwa bani yahudi tersebut harus dimusnahkan, dan bani yahudi
tersebut menerima putusan tersebut, maka di bantailah ± 700 orang bani
yahudi tersebut. tindakan pengepungan tersebut diambil karena bani yahudi
tersebut melanggar perjanjian damai dan saling tolong menolong antara
penduduk madinah yang dikenal dengan Piagam Madinah
2. orang-orang dari bani yahudi yang lainnya selalu membuat kerusuhan di
pasar-pasar di madinah dengan jalan melecehkan perempuan-perempuan yang ada
di pasar, baik dengan meraba-raba bagian vital maupun dengan memaksa memeluk
perempuan-perempuan yang ada di pasar. karena menimbulkan keresahan, maka
semua warga madinah sepakat bahwa bani yahudi tersebut harus diusir
jauh-jauh dari madinah dan tidak boleh lagi berada dekat-dekat dengan
madinah apa lagi sampai masuk madinah
Piagam madinah
http://legaldocuments.bravehost.com/
The Madinah Charter/Constitution
In the name of God, the Compassionate, the Merciful
1. This agreement of Allah's Prophet, Muhammad, shall apply to the
immigrants, Quraysh, the citizens of Yathrib who have accepted Islam, and
all such people who are in agreement with the above-mentioned bodies and
side with them in war.
2. Those who are a party to this agreement shall be treated as Ã
body separate from all those who are not a party to this agreement.
3. The Quraysh migrants are in themselves a party and as in the past
shall be responsible for the payment of blood money on behalf of their
criminals and shall themselves have their prisoners freed after the payment
of ransom. All this process shall be in accordance with the principles of
belief and justice.
4. Banu Auf shall be responsible for their own tribe and shall
equally pay their blood money, in accordance with article Ç, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
5. Banu al-Harith shall be responsible for their own tribe and shall
jointly pay their blood money, in accordance with article Ç, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
6. Banu Sa'idah shall be responsible for their own tribe and shall
jointly pay their blood money, in accordance with article 3, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
7. Banu Jusham shall be responsible for their own tribe and shall
jointly pay their blood money, in accordance with article 3, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
8. Banu al-Najjar shall be responsible for their own tribe and shall
jointly pay their blood money, in accordance with article 3, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
9. Banu Amr shall be responsible for their own tribe and shall
jointly pay their blood money, in accordance with article 3, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
10. Banu al-Wabiyyat shall be responsible for their own tribe and
shall jointly pay their blood money, in accordance with article 3, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
11. Banu al-Aus shall be responsible for their own tribe and shall
jointly pay their blood money, in accordance with article Ç, and shall
themselves be responsible for ransoming their prisoners. All this work shall
be completed in conformity with the principles of honesty and justice.
12. If an indigent person from among the Muslims is guilty of an
offense in which blood money becomes due or if à Muslim is taken prisoner
and is unable to pay ransom, it shall be incumbent on other Muslims to pay
blood money or ransom on his behalf, so as to create virtue and sympathy
among the Muslims.
13. No Muslim shall be hostile to à slave set free by another Muslim.
14. It shall be the duty of the Muslims to oppose openly any person
who makes mischief, foments riots, makes trouble for people, forcibly takes
the property of others, or oppresses others. All the Muslims shall remain
united in punishing such a person, even if he is the son of one of their
own.
15. Taking the side of an infidel (who is at war), no Muslim shall
have the right to kill another Muslim or assist a person who is at war with
the Muslims.
16. The promise of Allah, and responsibility and protection for all
have the same meaning. This means that if a Muslim gives refuge to someone,
it shall be incumbent on all Muslims to honor it regardless of the social
status of the Muslim providing refuge. All the Muslims are brethren to one
another.
17. It is incumbent on all the Muslims to help and treat
sympathetically the Jews who have entered into an agreement with the
Muslims. Likewise, the Jews are not to be oppressed in any manner, and
neither should their enemy be helped against them.
18. The truce of all the Muslims shall be one: When there is à war
the way of Allah, none of the Muslims shall leave aside other Muslims to
enter into à peace treaty with an enemy, unless the treaty includes all the
Muslims.
19. All the groups who participate in war along with the Muslims
shall be afforded an opportunity to rest by turns.
20. The provision of subsistence to the dependants of à Muslim who is
martyred in the way of Allah shall be the responsibility of all the Muslims.
21. No doubt all the God-fearing and devout Muslims are on the right
path and are the followers of the best way of life.
22. No non-Muslim who is à party to this agreement shall provide
refuge to the person or property of any member of Quraysh; no non-Muslim
shall assist any other non-Muslim against à Muslim.
23. If someone murders a Muslim and there is a proof against him, the
murderer shall be punished. But if the next of kin is prepared to accept
blood money, the murderer can be set free after payment. Without any
exception, it shall be obligatory on all the Muslims to observe this
injunction. Nothing other than the prescribed injunctions shall be
acceptable.
24. For à Muslim who accepts the treaty and agrees to abide by it and
who believes in Allah and the Day of Judgment, it is permissible neither to
create a new practice nor to have dealings with any person who does not
respect this treaty. On the Day of Judgment, the curse and wrath of Allah
shall descend upon whoever infringes upon this injunction, and no excuse or
request for forgiveness shall be accepted by Allah.
25. When there arises a difference of opinion about anything in this
agreement, the matter shall be referred for à decision to Allah and
Muhammad.
26. After the treaty, it shall be obligatory on the Jews to render
financial assistance to the Muslims when they are at war with an enemy.
27. The Jews of Banu Auf, who are à party to this agreement and who
are supporters of the Muslims, shall adhere to their religion and the
Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to à single party. Anyone from among them who
commits an outrage or breaks à promise or is guilty of à crime shall deserve
punishment for his crime.
28. The Jews of Banu an-Naj jar, who are à party to this agreement
and who are supporters of the Muslims, shall adhere to their religion and
the Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to a single party. Anyone from among them who
commits an outrage or breaks à promise or is guilty of à crime shall deserve
punishment for his crime.
29. The Jews of Banu al-Harith, who are a party to this agreement and
who are supporters of the Muslims, shall adhere to their religion and the
Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to à single party. Anyone from among them who
commits an outrage or breaks à promise or is guilty of a crime shall deserve
punishment for his crime.
30. The Jews of Banu Sa'idah, who are à party to this agreement and
who are supporters of the Muslims, shall adhere to their religion and the
Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to a single party. Anyone from among them who
commits an outrage or breaks à promise or is guilty of a crime shall deserve
punishment for his crime.
31. The Jews of Banu Hashm, who are à party to this agreement and who
are supporters of the Muslims, shall adhere to their religion and the
Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to à single party. Anyone from among them who
commits an outrage or breaks à promise or is guilty of à crime shall deserve
punishment for his crime.
32. The Jews of Banu al-Aus, who are à party to this agreement and
who are supporters of the Muslims, shall adhere to their religion and the
Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to à single party. Anyone from among them who
commits an outrage or breaks a promise or is guilty of a crime shall deserve
punishment for his crime.
33. The Jews of Banu Tha'alabah, who are à party to this agreement
and who are the supporters of the Muslims, shall adhere to their religion
and the Muslims to theirs. Excepting religious matters, the Muslims and the
Jews shall be regarded as belonging to à single party. Anyone from among
them who commits an outrage or breaks a promise or is guilty of à crime
shall deserve punishment for his crime.
34. The Jews of Banu Jafnah, who are à party to this agreement and
who are supporters of the Muslims, shall adhere to their religion and the
Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to a single party. Anyone from among them who
commits an outrage or breaks a promise or is guilty of à crime shall deserve
punishment for his crime.
35. The Jews of Banu al-Shotaybah, who are à party to this agreement
and who are supporters of the Muslims, shall adhere to their religion and
the Muslims to theirs. Excepting religious matters, the Muslims and the Jews
shall be regarded as belonging to à single party. Anyone from among them who
commits an outrage or breaks a promise or is guilty of à crime shall deserve
punishment for his crime.
36. The subordinate branches of the above-mentioned tribes shall have
the same rights as are enjoyed by the parties themselves.
37. None of the parties to the treaty shall take any military action
out the permission of Mohammed.
38. No hindrance shall be created in the requital of an injury.
Whoever commits à breach of promise shall deserve punishment for it, and
Allah will help whoever abides faithfully by this agreement.
39. If a third community wages war against the Muslims or the Jewish
treaty makers, they will have to fight united. They shall help each other,
and there shall be goodwill and faithfulness between them. The Jews shall
bear their expenses of war and the Muslim their expenses.
40. It is incumbent on the parties to the agreement to treat each
other sincerely and to wish each other well. None shall subject any other to
oppression or injustice, and the oppressed shall be helped.
41. The Jews shall share the expenses along with the Muslims as long
as they fight jointly.
42. The plain of Yathrib, which is surrounded by hills, shall be a
haram for the partners to the treaty.
43. The same treatment to which à person giving refuge is entitled
shall be given to the one seeking refuge with him; he shall not be harmed. À
refugee shall abide by this agreement and shall not be permitted to break Ã
promise.
44. No one shall be provided refuge without the permission of the
people of that place.
45. If there is any occurrence or difference of opinion among the
parties to the treaty that might result in a breach of peace, the matter
shall be referred for a decision to Allah and Mohammed, the Prophet of
Allah. Allah will be with the one who carefully observes this treaty.
46. None shall provide protection to the Quraysh of Mecca or to any
of their allies.
47. If Yathrib (Madinah) is invaded, the Muslims and the Jews shall
put up à joint defense.
48. If the Muslims make à peace treaty with someone, the Jews shall
abide by it. If the Jews make peace with someone, it shall be obligatory on
the Muslims to extend similar cooperation to the Jews. However, in the case
of a religious war of a party, it shall not be the responsibility of the
other party to participate.
49. In the case of an invasion of Madinah, every party will have to
defend the area that is in front of it.
50. The allies of the tribe of Banu al-Aus shall have the same rights
as are enjoyed by the parties to this treaty, provided they too show their
loyalty. Allah is the supporter and helper of whoever faithfully observes
this treaty.
51. If any of the parties to this treaty has to leave Madinah on
account of the exigencies of war, that party shall be entitled to peace and
protection; whoever stays in Madinah shall also be entitled to peace. No one
shall be oppressed nor shall breach of promise be permissible. Allah and His
Prophet are the protectors of whoever respects and abides by this agreement.
FOOTNOTES:
(1) The First Written Constitution in the World, Sh. Muhammad Ashraf,
Lahore, 1968. First published in England, 1941.
(2) Translated by Frederic G. Kenyon, Internet. !996 The Avalon Project.
(3) The New Encyclopaedia Britannica, 15th Edition, 1991.
(4) The First Written Constitution in the World, p. 9. The translation of
the whole text for A. Guillaume's Life of Muhammad is appended at the end.
(5) Ibid., pp. 19-20.
(6) The New Encyclopaedia Britannica, 15th Edition, 1991.
(7) The First Written Constitution, p. 18.
(8) Quran, 49:13.
(9) Ibid., pp. 12-13.
(10) "There shall be no compulsion in religion: the right way is now
distinguished from the wrong way." (2:256) Note that this statement of
complete religious freedom comes immediately after the grandest statement of
God's power to be found in any scripture. It is indeed significant!
(11) This text is taken from A. Guillaume, The Life of Muhammad -- A
Translation of Ishaq's Sirat Rasul Allah, Oxford University Press, Karachi,
1955; pp. 231-233. Numbering added.
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