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An Individuals Attempt To End The Infighting In Syria And Unify Against The Common Enemy

By Feroze Ahmed

This text was written by an anonymous Twitter user who calls himself Feroze Ahmed.

The text is meant as a document for discussion to be used in inspiration in what the author thinks might end the Fitna and continuous infighting between the main insurgent / rebel groups in Syria.

The text, as the author points out, is based on the Medina Charter, written by the Prophet Muhammad, when he organized his ''state'' in the city of Medina. See: صحيفة المدينة‎, Ṣaḥīfat al-Madīnah; or: ميثاق المدينة, Mīthāq al-Madīnah on Wikipedia.

The original text:

THE MEDINA CHARTER

622 C.E.

In the name of God the Compassionate, the Merciful.

(1) This is a document from Muhammad the prophet (governing the relations) between the believers and Muslims of Quraysh and Yathrib, and those who followed them and joined them and labored with them.

(2) They are one community (umma) to the exclusion of all men.

(3) The Quraysh emigrants according to their present custom shall pay the bloodwit within their number and shall redeem their prisoners with the kindness and justice common among believers.

(4-8) The B. 'Auf according to their present custom shall pay the bloodwit they paid in heatheism; every section shall redeem its prisoners with the kindness and justice common among believers. The B. Sa ida, the B. 'l-Harith, and the B. Jusham, and the B. al-Najjar likewise.

(9-11) The B. 'Amr b. 'Auf, the B. al-Nabit and the B. al-'Aus likewise.

(12)(a) Believers shall not leave anyone destitute among them by not paying his redemption money or bloodwit in kindness.

(12)(b) A believer shall not take as an ally the freedman of another Muslim against him.

(13) The God-fearing believers shall be against the rebellious or him who seeks to spread injustice, or sin or animosity, or corruption between believers; the hand of every man shall be against him even if he be a son of one of them.

(14) A believer shall not slay a believer for the sake of an unbeliever, nor shall he aid an unbeliever against a believer.

(15) God's protection is one, the least of them may give protection to a stranger on their behalf. Believers are friends one to the other to the exclusion of outsiders.

(16) To the Jew who follows us belong help and equality. He shall not be wronged nor shall his enemies be aided.

(17) The peace of the believers is indivisible. No separate peace shall be made when believers are fighting in the way of God. Conditions must be fair and equitable to all.

(18) In every foray a rider must take another behind him.

(19) The believers must avenge the blood of one another shed in the way of God.

(20)(a) The God-fearing believers enjoy the best and most upright guidance.

(20)(b) No polytheist shall take the property of person of Quraysh under his protection nor shall he intervene against a believer.

(21) Whoever is convicted of killing a believer without good reason shall be subject to retaliation unless the next of kin is satisfied (with blood-money), and the believers shall be against him as one man, and they are bound to take action against him.

(22) It shall not be lawful to a believer who holds by what is in this document and believes in God and the last day to help an evil-doer or to shelter him. The curse of God and His anger on the day of resurrection will be upon him if he does, and neither repentance nor ransom will be received from him.

(23) Whenever you differ about a matter it must be referred to God and to Muhammad.

(24) The Jews shall contribute to the cost of war so long as they are fighting alongside the believers.

(25) The Jews of the B. 'Auf are one community with the believers (the Jews have their religion and the Muslims have theirs), their freedmen and their persons except those who behave unjustly and sinfully, for they hurt but themselves and their families.

(26-35) The same applies to the Jews of the B. al-Najjar, B. al-Harith, B. Sai ida, B. Jusham, B. al-Aus, B. Tha'laba, and the Jafna, a clan of the Tha'laba and the B. al-Shutayba. Loyalty is a protection against treachery. The freedmen of Tha 'laba are as themselves. The close friends of the Jews are as themselves.

(36) None of them shall go out to war save the permission of Muhammad, but he shall not be prevented from taking revenge for a wound. He who slays a man without warning slays himself and his household, unless it be one who has wronged him, for God will accept that.

(37) The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document. They must seek mutual advice and consultation, and loyalty is a protection against treachery. A man is not liable for his ally's misdeeds. The wronged must be helped.

(38) The Jews must pay with the believers so long as war lasts.

(39) Yathrib shall be a sanctuary for the people of this document.

(40) A stranger under protection shall be as his host doing no harm and committing no crime.

(41) A woman shall only be given protection with the consent of her family.

(42) If any dispute or controversy likely to cause trouble should arise it must be referred to God and to Muhammad the apostle of God. God accepts what is nearest to piety and goodness in this document.

(43) Quraysh and their helpers shall not be given protection.

(44) The contracting parties are bound to help one another against any attack on Yathrib.

(45)(a) If they are called to make peace and maintain it they must do so; and if they make a similar demand on the Muslims it must be carried out except in the case of a holy war.

(45)(b) Every one shall have his portion from the side to which he belongs.

(46) The Jews of al-Aus, their freedmen and themselves have the same standing with the people of this document in purely loyalty from the people of this document. Loyalty is a protection against treachery. He who acquires ought acquires it for himself. God approves of this document.

(47) This deed will not protect the unjust and the sinner. The man who goes forth to fight and the man who stays at home in the city is safe unless he has been unjust and sinned. God is the protector of the good and God-fearing man and Muhammad is the apostle of God.

(quoted on http://www.constitution.org/cons/medina/con_medina.htm)

The text rewritten dd June 16, 2015 (published verbatim):

(see http://justpaste.it/draftpeaceagreement for the original link)

Draft Peace Treaty For Discussion And Debate Only

A. THE PARTIES

1. The signatories hereto are authorized to bind the parties they represent and all persons under their authority are bound by the terms and the undertakings given in terms of this agreement.

B. THE BASIS FOR THIS AGREEMENT

2. Each of the parties bears witness that there in none worthy of Worship besides Allah, and Muhammad, (peace be upon him) is His messenger
3. To the extent necessary , all signatories hereto repent from all acts that cause the displeasure of Allah, the mighty and sovereign, and are guided in this regard by the following ayaat:
''Oh my servants who brought harm on their own souls, do not despair of Allah's mercy, for surely he forgives all sins.Truly, he is the forgiving, the compassionate Turn to your Lord, repentant, and submit to him, before the doom comes upon you, when you shall not be helped, and follow the best of what is revealed to you from your Lord…..''(As Zumar, verses 53-54)
4. This is an agreement governing relations between the parties all of whom (including those who follow them) are Believers. They form one nation — Ummah.
5. The parties have concluded this agreement in order to fulfill the obligations that arise from the following Verses of the Holy Quran which forms the basis of their agreement:
''And if two parties or groups among the believers start fighting make peace between them both, but if one of them rebels the other, fight the oppressor till they return to the . The Command of Allah; then if it complies, then set matters right between them equitably and be just. Surely Allah; loves those who are just''.  ''The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy.''

C. DURATION OF THIS AGREEMENT

6. This agreement shall remain in force and be binding on each of the parties and their members for a period of two years
7. By no later than 6 months prior to the end of the two year period, the parties shall commence renegotiating the terms of this agreement. Should a new agreement not be concluded before the the expiry of the two year period, the terms of this agreement shall continue to apply and will remain binding until superseded by the conclusion of another agreement

D. UNDERTAKINGS

8.The parties and their members agree to abide by the following undertakings.
8.1. The Believers, who fear Allah, will oppose the rebellious elements and those that encourage injustice or sin, or enmity or corruption among Believers.
8.2. If anyone is guilty of any such act all the Believers will oppose him even if he be the son of any one of them.
8.3. A Believer will not kill another Believer, for the sake of an un-Believer. (i.e. even though the un-Believer is his close relative).
8.4. No Believer will help an un-Believer against a Believer.
8.5. Protection (when given) in the Name of Allah will be common. The weakest among Believers may give protection (In the Name of Allah) and it will be binding on all Believers.
8.6. Believers are all friends to each other to the exclusion of all others.
8.7.The peace of each of the parties to this agreement cannot be divided. (it is either peace or war for all. It cannot be that one party is at war with an UN- believer and another party is at peace).
8.8. No separate peace will be made by anyone of the parties when Believers are fighting in the Path of Allah.
8.9. Conditions of peace and war and the accompanying ease or hardships
must be fair and equitable to all parties and believers alike.
8.10. The Believers must avenge the blood of one another when fighting in the Path of Allah
8.11. Any one who kills another without warning (there being no just cause for it) amounts to his slaying himself and his household, unless the killing was done due to a wrong being done to him.
8.12. If anyone attacks anyone who is a party to this agreement the others must come to his help.
8.13. The parties to this agreement must seek mutual advice and consultation.
Those who avoid mutual consultation do so because of lack of sincerity and loyalty.
8.14. A party will not be made liable for misdeeds of its ally.
8.15. Anyone (any individual or party) who is wronged must be helped.
8.16. None of the parties to this agreement ( including their members or persons falling under their authority ) shall proclaim takfeer or label any other party to this agreement Munafiq ,Khawarij , while this agreement remains in force, unless such declaration has been made by the dispute council
8.17.Each territory under the control of each party will be a sanctuary for all Believers .
8.18. A stranger (individual) who has been given protection (by any one party to this agreement) in the area controlled by such party (''the territory'') ,will be treated as his host (who has given him protection) and while (he is) doing no harm ,is not committing any crime, and remains in the territory .
8.19. This agreement will not (be employed to) protect one who is unjust or commits a crime (against other parties of the agreement).
8.20. Whether an individual goes out to fight (in accordance with the terms of this agreement) or remains in his home, he will be safe unless he has committed a crime or is a sinner. (i.e. No one will be punished in his individual capacity for not having gone out to fight in accordance with the terms of this agreement).
9. Any differences or disputes or alleged breaches of this agreement between the parties or any party to this agreement shall be settled strictly in terms of this agreement.

D. RESPECT FOR TERRITORIES UNDER THE CONTROL OF EACH PARTY

10. For the duration of this agreement each party shall respect the territory controlled by any other party to this agreement provided that such territory is governed according to the Sharia and no other law.
11. Adherence to the Quran and Sunnah shall constitute general principles of the territorial law.
12. The parties to this agreement shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of all believers isensured.
13. Any territorial dispute between the parties shall be referred to the dispute council who shall mediate the dispute.

E. UNBELIEVERS

14. Any non-believer or non-believing nation that is at war with any party to this
agreement and their allies will not be given protection by any party to this
agreement.
15. The parties to this agreement are bound to help each other in the event of an attack on the territory under their respective control. If anyone attacks anyone who is a party to this agreement the other must come to his help.

F. OBLIGATION TO PAY BLOOD MONEY

16. Each party shall ensure that it , its followers and citizens carry out the obligation to pay blood money whenever blood money is required to be paid under the Sharia.


G. TREATMENT OF PRISONERS

17. A prisoner may be killed, ransomed or freed according to the principles of the Sharia . The manner of treatment of prisoners by the Holy Prophet saw shall be a model to aspire to.The decision of the head of each party made in accordance with this general principle will be accepted by all other parties
18. The parties commit themselves to the following principles: :
18.1. In case of war with anybody all parties will redeem their prisoners with kindness and justice according to practice among Believers and not in accordance with pre-Islamic notions.

H. APPOINTMENT OF THE DISPUTE COUNCIL-

19.Each party to this agreement shall appoint 1 person toa council that is hereby established and is known as the dispute council.
20. The dispute council shall :
20.1. Within 3 months of the conclusion of this agreement, and by consensus :
20.1.1. Appoint a panel of suitably qualified judges ,
20.1.2. Adopt rules for the removal of judges, the filling of vacancies and the conduct of proceedings before the judges
20.1.3. Adopt rules governing dispute resolution
20.1.4. Adopt rules governing appeals to it in respect of decisions made by a judge
20.1.5. Do all such things as may be necessary to achieve the object of shariah compliant, fair and equitable dispute resolution
20.2. Promote economic, social and territorial cohesion, and solidarity amongst the parties.
20.3. Monitor compliance with the terms of this agreement
20.4. Resolve disputes in terms of this agreement
20.5. Promote peace and harmony between the parties
20.6. Consult with all the parties to this agreement to establish and develop
20.6.1. a common monetary system
20.6.2. guiding principles regarding matters not covered by this agreement
20.6.3. strategies to unify the parties under one leader

I. ESTABLISHMENT OF THE FUND

20 There is hereby established a fund to be known as the Treaty Fund, which shall be utilized to enable the dispute council to fulfill its obligations in terms of this agreement
21 Each party to this agreement shall contribute to the Treaty Fund ,
22 The dispute council shall, in a fair and equitable manner, determine
the amount to be contributed by each party to the Treaty Fund and the dates of payment

J. DISPUTES

21. Any dispute that arises between any Party and another Party to this agreement must be referred to the dispute council
22. The dispute council shall attempt to conciliate the dispute and if such attempt fails to achieve a conciliation within 30 days (or such extended or shorter period as the council may determine), of the referral of the dispute, it shall refer the dispute to a judge or judges, appointed by it under clause 20 .
23. Subject to clause J 24 ,the parties agree that they are bound by the decisions of the judge(s)
24.A decision of an arbitrator or arbitrators may be overruled by the unanimous decision of the dispute council. GENERAL
25. The parties accept everything in this agreement and every judgment made hereunder, which is for (bringing about) piety, unity and goodness.

26. This document will not (be employed to) protect one who is unjust or commits a crime (against other parties of the Pact).

SIGNATORIES (Please indicate under the signature, you full name, the name of organisation/ group represented, the capacity of signatory and date signed. The signatory warrants that he is duly authorized. All signatures must be accompanied by two witnesses who must sign next to the signatory plus the witnesses must indicate their full names)

SIGNATURE OF DULY AUTHORIZED REPRESENTATIVE
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
 

 

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