THE CONSTITUTION OF MEDINA, DÂRUL ISLAM / DÂRUL WAR DEFINITIONS, AND LAW

Abstract

Hijrah, which is one of the indispensable facts of human history, is basically used in two senses. One of them is to migrate from one place to another literally, and the other is to leave evil in the spiritual sense. However, the migration gained a special meaning over time; it has been a name used for the holy migration of Hz. Muhammad (pbuh) and Muslims to Medina in 622. In this sense, the migration of the Hz. Prophet and Muslims from Mecca to Medina are considered one of the most important hadiths in the history of Islam. The event of Migration is a subject that needs to be focused on and examined in many ways in terms of history, social, political and legal aspects. The migration of the Messenger of Allah and the first Muslims who followed him to Medina after years of persecution and oppression in Mecca showed itself as a historical event as an escape from persecution and a search for shelter. One of the important innovations He brought to the law is the Medina document, which is the founding text of the City-State of Medina, which was prepared with his participation after the migration to Medina, or the Constitution of Medina with its other name today. In this contract, which formed the basis of the Islamic State of Medina, the definition of citizen was made, the rights and responsibilities of both sides as Muslims and Jews were determined, the borders of the state were determined and the Prophet was accepted as the highest authority in the city. In this context, many fiqh issues such as the terms of daru'l-harp/küfr-dâru'l-Islam that the Muslims acquired a unique homeland because of the migration, and the provisions regarding the religious life of the Muslims living there, are discussed in connection with the migration.