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Hakan Şahin
Istanbul Network for Liberty
Association for Liberal Thinking
I


Mecca was/is a nonarable valley in the
middle of desert. Not suitable for agriculture.
People were mainly engaged in animal
breeding, handicrafts, artisanship, and trade.
The people of Mecca were members of a
politically free society.
No state / No ruler
Athenian Direct Democracy
Sense of Natural Rights
Things One Should Know
about the 7th Century Mecca

Mecca was a center of religious tourism.
The Kaaba / The House of God / Masjid al-
Haram (The Sacred Sanctuary)
The Idols of Arab Gods and Patriarchs
The Pilgrimage
People of Mecca were therefore very
religious.
They were regarded as the protectors of the
House of God.
Things One Should Know
about the 7th Century Mecca

Muhammad and his first companions were
continuously harassed in Mecca
They formed a minority that was constantly
discriminated against.
The reason was obvious:
Muhammad was calling people to one God,
Condemning the elite with the exploitation of
religion for personal interests.
After 10 years, he was forced to leave Mecca
for good, or face a life-threatening situation.
Islamic Period before
Migration to Medina

Established by the Messenger of God soon
after the migration took place.
Immigrants from Mecca and the local
muslims were announced as brothers.
Immigrants (muhajir) were let to dwell in the
houses of locals (ansar).
The locals shared their lives and livelihood
with them. They allowed them to work on
their lands as sharecroppers.
The Brotherhood of Medina

This social institution led the immigrant
muslims to quickly adept to local life and
stand on their own feet in a very short time.
It also helped the local muslims to quickly
learn about Islam and its 10-year experience
from the very first, prominent and dedicated
companions of the Messenger of God.
The Brotherhood of Medina

Different groups in Medina consisted of three
major ones:
 Jewish community
 Banu Qaynuqa, Banu Nadir, Banu Qurayza
 Muslim community
 Muhajir (Meccan Muslims), Ansar (Local Muslims)
 Pagan community
 Banu Khazraj, Banu Aws
Jewish community mostly lived in fortress-like
buildings called utum (i.e. tower-house).
Different Groups in Medina



Prepared* by Muhammad and signed
between all of the local tribes as an
agreement of social cooperation.
It was the first of its kind in the history of
Arabs. Some authors regard it as the first
constitution in human history.
 It imposed all tribes to cooperate with one
another in certain issues like defending the
city and making foreign agreements.
Social Contract of Medina

By this contract, the major tribes of Medina
were officially recognized for the first time.
The principles for punishing crimes were
defined without a change in the traditional
penalties. All tribes were held responsible for
their members’ wrongdoing.
It was made clear that everybody will bear
his/her own expenses in times of trouble.
Social Contract of Medina

Muhammad did not establish a state, nor did
he declare himself as the governor, etc.
He was merely elected as a representative of
the city by virtue of:
Being a well-regarded man from the
honorable tribe of Quraysh,
Being an expert on the settlement of disputes,
Being in an impartial position for the ongoing
struggle between the major tribes of Medina.
Social Contract of Medina

The disputes were settled by arbitration in
Medina which was the traditional method.
The Messenger of God was declared as an
arbitrator of last resort.
There were no public authorities for law
enforcement. Public decisions and
arbitrations were enforced through social
influence. This is left unchanged.
Settlement of Disputes

There was a pluralism in the judiciary.
Muslims were tried by Muslim arbitrators.
Jews were tried by Jewish arbitrators.
Even if the Messenger of God was resorted
for an arbitration between Jewish people, he
ruled according to the Old Testament.
That is because the pluralism in the judiciary
was to serve human rights, not to provide a
way of evading the law.
Settlement of Disputes

5/43: “Why do they come to you for judgment,
when they have the Torah, in which is God’s
Law? Yet they turn away from that. These are
not believers.”
5/47: “Let the people of the Gospel rule
according to what God sent in it. Those who
do not rule according to what God sent are
the sinners.”
109/6: “Say: You have your own way and I have
my way.”
Rationale of Legal Pluralism

5/48: “We have sent to you this book with truth,
confirming the scriptures that preceded it and
superseding it. So judge between them according to
what God revealed and do not follow their arbitrary
decisions if they differ from the truth that has come to
you. For each of you We have assigned a law and a
method. Had God willed, He could have made you a
single nation, but He tests you through what He has
given you. So compete in righteousness. To God is
your return, all of you; then He will inform you of what
you had disputed about.”
Rationale of Legal Pluralism

On the very first year of the migration,
Muhammad bought a land from the city
center on which He had a mosque and a
house built together.
The house was for his personal use and the
mosque was to be a city hall.
It quickly became the civic center performing
the public functions such as decision making,
education, settlement of disputes, as well as
being a sanctuary for everyone.
Civil Administration

Masjid al-Nabawi (Mosque of the Prophet)
was more than just a mosque. It was a
school, a court house and a guesthouse.
It was open to everyone, any time of the day,
regardless of gender, ethnicity and religion.
 The school inside the mosque (suffah)
offered education up to 400 students free of
charge including up to 70 boarding students.
Civil Administration




II

There were 4 markets in Medina:
Zubala (Jewish)
Kaynuqa’ (Jewish)
Muzahim (Khazraj)
As-Safasif (Jewish)
Most of the economic activity in these
markets were under the rule and supervision
of the Jewish elite.
Markets of Medina
(Traditional Markets)

The traditional markets of Medina imposed
duty (tax) on the sellers.
Some of the sellers have certain positions
allocated for their stalls.
Markets were privately owned and therefore
the owners could implement price controls
and decide on who should be accepted or
banished from the market, etc.
Markets of Medina
(Traditional Markets)

The Messenger of God attempted to
establish a new and free market in a
neighborhood called Baqi al-Zubayr.
His attempt was sabotaged by a one of the
elite called Ka’b ibn Ashraf.
In his second attempt, he managed to
establish the market in a neighborhood called
Banu Sa’ida which was close to city center.
Markets of Medina
(The New Market)

The new market had some different (lack of)
rules:
It was a free market.
 No permission was needed in order to trade.
There was no entrance fee (tax) for sellers.
Place allocation was illegal.
 Someone could set up his shop in the place
you set up your own shop yesterday.
There was no price control.
Markets of Medina
(The New Market)

Foreign trade was encouraged in this market:
By the lack of a customs duty,
By announcing that the locals may not trade
with foreign merchants on their way to the
market and let them reach it first,
By praising competition and attributing value
to those who go for great distances in order to
make a living.
Foreign Trade in Medina

During a time of famine in Medina, Muhammad
famously responded to his applicants for a price
cap in staple food products by saying:
 “God is the only price fixer, the only one who shrinks
or expands (the economy) and provides subsistence.
I hope to join him with no claim on me for an injustice
related with blood or property.”
 Though it seems very inconsistent in terms of what is
common practice then and in terms of Muhammad
being the compassionate guardian of the indigent,
He was decisive on this non-interventionism.
Famous Quotes from the
Messenger of God

He encouraged competition and free trade:
 “The importer is the gainer, the black marketeer is the
outsider.”
 “Whoever hoards a food staple for 40 days and does
not sell it, shall become distant from God and God
makes him distant from himself.”
 “Do not meet the merchants on their road to the
market, do not be a broker for the bedouin, do not tout
and do not heat the bargains if you won’t buy.”
 “Leave people be. God grants them yield by the hands
of one another.”
Famous Quotes from the
Messenger of God

The duty of the Messenger of God was:
To announce that there is no authority over
man other than the one and only God,
To convey the message of God to people,
To show them the signs of God, and the right
way of doing things,
To let them be free on their choices, but know
that every person shall answer before God
from the things he/she did on this earth.
Reasons behind the case

18/110: “He sent among the uneducated a
messenger from themselves; reading His
verses to them, improving them, and
teaching them the book and the wisdom;
although they were in obvious error before
that.”
5/67: “Messenger! Convey what was revealed
to you from your Lord. If you do not, then you
would not have delivered His message.”
Reasons behind the case

18/110: “Say: I am only a human being like you,
but being inspired that your God is One God.
Whoever hopes to meet his Lord, let him
work righteousness, and never associate
anyone with the service to his Lord.”
(See also: 41/6, 46/9)
Reasons behind the case

The duty of the Messenger of God was not:
To make people muslims,
To knock some sense into them,
To establish an Islamic State,
To forbid anything that goes against the
Islamic Law.
5/99: “The Messenger’s sole duty is to convey.”
76/3: “Thus we have shown the man the right
way, so be he grateful or be he ungrateful.”
Reasons behind the case

2/272: “Their guidance is not your responsibility.
God guides whoever wishes to be guided.”
88/21-22: “So remind. You are only a reminder.
You have no control over them.”
28/56: “You cannot guide whomever you like,
but God guides whomever He wills and He
knows best those who are guided.”
Reasons behind the case

2/256: “There is no compulsion in this religion.”
10/99-100: “Had your Lord willed, everyone on
earth would have believed. So will you now
compel people to become believers? No soul
can be a true believer except by God’s leave;
and He lays disgrace upon those who refuse
to understand.”
Reasons behind the case

Muslims today have to take the Messenger’s
practice into consideration if they want to
reflect their belief in their views about politics
and economics.
 Muhammad was not an Islamist, he was a
muslim. He did not establish an Islamic state,
he established a free pluralist civil society
with limited government who happened to
choose Islam as their faith.
What can we do today?

Muslims today have to understand that the
case of Islam is not about politics, it is about
ethics in life, as well as in politics.
The most important case in Islam is to reject
all authorities over man other than God.
God’s authority lies in His signs and creation.
His authority lies not only in the scriptures,
but also in the universal values like freedom
of choice, natural rights, and the rule of law.
What can we do today?

The Messenger of God was not a mere
preacher, he was a peacemaker and a
promoter of human values such as freedom
of faith, the rule of law and voluntary trade.
Muslims who desire to serve Islam and serve
God, should promote these values and start
removing the barriers in front of a free society
that is built on the protection of natural rights,
and voluntary collaboration.
Conclusion
Thank you

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Early Islam and Muslims' Experience of Civil Society and Market Economy

  • 1. Hakan Şahin Istanbul Network for Liberty Association for Liberal Thinking
  • 2. I
  • 3.
  • 4.  Mecca was/is a nonarable valley in the middle of desert. Not suitable for agriculture. People were mainly engaged in animal breeding, handicrafts, artisanship, and trade. The people of Mecca were members of a politically free society. No state / No ruler Athenian Direct Democracy Sense of Natural Rights Things One Should Know about the 7th Century Mecca
  • 5.  Mecca was a center of religious tourism. The Kaaba / The House of God / Masjid al- Haram (The Sacred Sanctuary) The Idols of Arab Gods and Patriarchs The Pilgrimage People of Mecca were therefore very religious. They were regarded as the protectors of the House of God. Things One Should Know about the 7th Century Mecca
  • 6.  Muhammad and his first companions were continuously harassed in Mecca They formed a minority that was constantly discriminated against. The reason was obvious: Muhammad was calling people to one God, Condemning the elite with the exploitation of religion for personal interests. After 10 years, he was forced to leave Mecca for good, or face a life-threatening situation. Islamic Period before Migration to Medina
  • 7.  Established by the Messenger of God soon after the migration took place. Immigrants from Mecca and the local muslims were announced as brothers. Immigrants (muhajir) were let to dwell in the houses of locals (ansar). The locals shared their lives and livelihood with them. They allowed them to work on their lands as sharecroppers. The Brotherhood of Medina
  • 8.  This social institution led the immigrant muslims to quickly adept to local life and stand on their own feet in a very short time. It also helped the local muslims to quickly learn about Islam and its 10-year experience from the very first, prominent and dedicated companions of the Messenger of God. The Brotherhood of Medina
  • 9.  Different groups in Medina consisted of three major ones:  Jewish community  Banu Qaynuqa, Banu Nadir, Banu Qurayza  Muslim community  Muhajir (Meccan Muslims), Ansar (Local Muslims)  Pagan community  Banu Khazraj, Banu Aws Jewish community mostly lived in fortress-like buildings called utum (i.e. tower-house). Different Groups in Medina
  • 10.
  • 11.
  • 12.  Prepared* by Muhammad and signed between all of the local tribes as an agreement of social cooperation. It was the first of its kind in the history of Arabs. Some authors regard it as the first constitution in human history.  It imposed all tribes to cooperate with one another in certain issues like defending the city and making foreign agreements. Social Contract of Medina
  • 13.  By this contract, the major tribes of Medina were officially recognized for the first time. The principles for punishing crimes were defined without a change in the traditional penalties. All tribes were held responsible for their members’ wrongdoing. It was made clear that everybody will bear his/her own expenses in times of trouble. Social Contract of Medina
  • 14.  Muhammad did not establish a state, nor did he declare himself as the governor, etc. He was merely elected as a representative of the city by virtue of: Being a well-regarded man from the honorable tribe of Quraysh, Being an expert on the settlement of disputes, Being in an impartial position for the ongoing struggle between the major tribes of Medina. Social Contract of Medina
  • 15.  The disputes were settled by arbitration in Medina which was the traditional method. The Messenger of God was declared as an arbitrator of last resort. There were no public authorities for law enforcement. Public decisions and arbitrations were enforced through social influence. This is left unchanged. Settlement of Disputes
  • 16.  There was a pluralism in the judiciary. Muslims were tried by Muslim arbitrators. Jews were tried by Jewish arbitrators. Even if the Messenger of God was resorted for an arbitration between Jewish people, he ruled according to the Old Testament. That is because the pluralism in the judiciary was to serve human rights, not to provide a way of evading the law. Settlement of Disputes
  • 17.  5/43: “Why do they come to you for judgment, when they have the Torah, in which is God’s Law? Yet they turn away from that. These are not believers.” 5/47: “Let the people of the Gospel rule according to what God sent in it. Those who do not rule according to what God sent are the sinners.” 109/6: “Say: You have your own way and I have my way.” Rationale of Legal Pluralism
  • 18.  5/48: “We have sent to you this book with truth, confirming the scriptures that preceded it and superseding it. So judge between them according to what God revealed and do not follow their arbitrary decisions if they differ from the truth that has come to you. For each of you We have assigned a law and a method. Had God willed, He could have made you a single nation, but He tests you through what He has given you. So compete in righteousness. To God is your return, all of you; then He will inform you of what you had disputed about.” Rationale of Legal Pluralism
  • 19.  On the very first year of the migration, Muhammad bought a land from the city center on which He had a mosque and a house built together. The house was for his personal use and the mosque was to be a city hall. It quickly became the civic center performing the public functions such as decision making, education, settlement of disputes, as well as being a sanctuary for everyone. Civil Administration
  • 20.  Masjid al-Nabawi (Mosque of the Prophet) was more than just a mosque. It was a school, a court house and a guesthouse. It was open to everyone, any time of the day, regardless of gender, ethnicity and religion.  The school inside the mosque (suffah) offered education up to 400 students free of charge including up to 70 boarding students. Civil Administration
  • 21.
  • 22.
  • 23.
  • 24.
  • 25. II
  • 26.  There were 4 markets in Medina: Zubala (Jewish) Kaynuqa’ (Jewish) Muzahim (Khazraj) As-Safasif (Jewish) Most of the economic activity in these markets were under the rule and supervision of the Jewish elite. Markets of Medina (Traditional Markets)
  • 27.  The traditional markets of Medina imposed duty (tax) on the sellers. Some of the sellers have certain positions allocated for their stalls. Markets were privately owned and therefore the owners could implement price controls and decide on who should be accepted or banished from the market, etc. Markets of Medina (Traditional Markets)
  • 28.  The Messenger of God attempted to establish a new and free market in a neighborhood called Baqi al-Zubayr. His attempt was sabotaged by a one of the elite called Ka’b ibn Ashraf. In his second attempt, he managed to establish the market in a neighborhood called Banu Sa’ida which was close to city center. Markets of Medina (The New Market)
  • 29.  The new market had some different (lack of) rules: It was a free market.  No permission was needed in order to trade. There was no entrance fee (tax) for sellers. Place allocation was illegal.  Someone could set up his shop in the place you set up your own shop yesterday. There was no price control. Markets of Medina (The New Market)
  • 30.  Foreign trade was encouraged in this market: By the lack of a customs duty, By announcing that the locals may not trade with foreign merchants on their way to the market and let them reach it first, By praising competition and attributing value to those who go for great distances in order to make a living. Foreign Trade in Medina
  • 31.  During a time of famine in Medina, Muhammad famously responded to his applicants for a price cap in staple food products by saying:  “God is the only price fixer, the only one who shrinks or expands (the economy) and provides subsistence. I hope to join him with no claim on me for an injustice related with blood or property.”  Though it seems very inconsistent in terms of what is common practice then and in terms of Muhammad being the compassionate guardian of the indigent, He was decisive on this non-interventionism. Famous Quotes from the Messenger of God
  • 32.  He encouraged competition and free trade:  “The importer is the gainer, the black marketeer is the outsider.”  “Whoever hoards a food staple for 40 days and does not sell it, shall become distant from God and God makes him distant from himself.”  “Do not meet the merchants on their road to the market, do not be a broker for the bedouin, do not tout and do not heat the bargains if you won’t buy.”  “Leave people be. God grants them yield by the hands of one another.” Famous Quotes from the Messenger of God
  • 33.  The duty of the Messenger of God was: To announce that there is no authority over man other than the one and only God, To convey the message of God to people, To show them the signs of God, and the right way of doing things, To let them be free on their choices, but know that every person shall answer before God from the things he/she did on this earth. Reasons behind the case
  • 34.  18/110: “He sent among the uneducated a messenger from themselves; reading His verses to them, improving them, and teaching them the book and the wisdom; although they were in obvious error before that.” 5/67: “Messenger! Convey what was revealed to you from your Lord. If you do not, then you would not have delivered His message.” Reasons behind the case
  • 35.  18/110: “Say: I am only a human being like you, but being inspired that your God is One God. Whoever hopes to meet his Lord, let him work righteousness, and never associate anyone with the service to his Lord.” (See also: 41/6, 46/9) Reasons behind the case
  • 36.  The duty of the Messenger of God was not: To make people muslims, To knock some sense into them, To establish an Islamic State, To forbid anything that goes against the Islamic Law. 5/99: “The Messenger’s sole duty is to convey.” 76/3: “Thus we have shown the man the right way, so be he grateful or be he ungrateful.” Reasons behind the case
  • 37.  2/272: “Their guidance is not your responsibility. God guides whoever wishes to be guided.” 88/21-22: “So remind. You are only a reminder. You have no control over them.” 28/56: “You cannot guide whomever you like, but God guides whomever He wills and He knows best those who are guided.” Reasons behind the case
  • 38.  2/256: “There is no compulsion in this religion.” 10/99-100: “Had your Lord willed, everyone on earth would have believed. So will you now compel people to become believers? No soul can be a true believer except by God’s leave; and He lays disgrace upon those who refuse to understand.” Reasons behind the case
  • 39.  Muslims today have to take the Messenger’s practice into consideration if they want to reflect their belief in their views about politics and economics.  Muhammad was not an Islamist, he was a muslim. He did not establish an Islamic state, he established a free pluralist civil society with limited government who happened to choose Islam as their faith. What can we do today?
  • 40.  Muslims today have to understand that the case of Islam is not about politics, it is about ethics in life, as well as in politics. The most important case in Islam is to reject all authorities over man other than God. God’s authority lies in His signs and creation. His authority lies not only in the scriptures, but also in the universal values like freedom of choice, natural rights, and the rule of law. What can we do today?
  • 41.  The Messenger of God was not a mere preacher, he was a peacemaker and a promoter of human values such as freedom of faith, the rule of law and voluntary trade. Muslims who desire to serve Islam and serve God, should promote these values and start removing the barriers in front of a free society that is built on the protection of natural rights, and voluntary collaboration. Conclusion

Editor's Notes

  1. The contract was not written by Muhammad himself and imposed on others. It was formed by the contribution of tribe leaders and agreed upon. No leader was forced to it without his consent.
  2. Men and women used to pray together. Some reports even indicate that women were not behind men especially on Friday prayers. Christian people from Najran visited the Messenger of God and he allowed them to stay and pray in the mosque.
  3. غَلاَ السِّعْرُ عَلَى عَهْدِ رَسُولِ اللَّهِ فَقَالُوا يَا رَسُولَ اللَّهِ سَعِّرْ لَنَا ‏.‏ فَقَالَ‏ إِنَّ اللَّهَ هُوَ الْمُسَعِّرُ الْقَابِضُ الْبَاسِطُ الرَّزَّاقُ وَإِنِّي لأَرْجُو أَنْ أَلْقَى رَبِّي وَلَيْسَ أَحَدٌ مِنْكُمْ يَطْلُبُنِي بِمَظْلَمَةٍ فِي دَمٍ وَلاَ مَالٍ‏.‏ قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ ‏.‏
  4. الجالب مرزوق و المحتكر ملعون. لا تلقوا الركبان و لا يبع حاضر لباد و لا تناجشوا. وذروا الناس يرزق الله بعضهم من بعض.
  5. 62:2, 2:129, 2:151, 3:164.
  6. 5:99, 16:35, 24:54, 29:18
  7. “The diversity of my people is grace/richness.” : إن إختلاف أمتي الرحمة 30/22: “The creation of the heavens and the earth, and the diversity of your languages and colors are of His signs. There are definitely signs in this for those who know.”