This Analysis will examine two aspects that related to social contract first is the Charter of Madinah during the time of Prophet Muhammad saw and second aspect is the Theory of Social Contract of John Locke. Based on the understanding of the John Locke views, Chatter of Madinah will be analyst.
Locke theory on Social Contract are very much differ compare to the social contract theory of Hobbes. Based on the ideas of state of nature of man, Locke regarded men lives in perfect freedom which they possess right to do what they want to do that gave them freedom to live, health, liberty and possession. Men are equal from one to another, no men are superior than other men in state of nature, where everyone is possess with equal rights and freedom. This very optimistic and positive view of men in nature brings very much different than Hobbes views, that men are selfish and political animal in the state of nature.
From this ideas of state of nature, Locke expand his argument that men are lack of judicial body to settling dispute, and enforcement to enforce the judgment in order words the need of social contract solely to establish organise law and order which from this social contract the body of government, executive, judiciary and legislature is form. After the set of the social contract, government is established, however the basic idea of government of Locke is legislature must be superior compare to legislature and judiciary where Locke regard legislature are fiduciary power based on the understanding of ‘Trustor’ and ‘Trustee’. Trustor is the people who create trust and beneficiary from Trustee. Trustee is the legislature, who is responsible to manage and execute the trust. Thus, the basic concept of government in the Theory of Social Contract of Locke is based on ‘Trust’ or in Islam we called it ‘al-Amanah’. This aspect of ‘Trust’ that made the similarities between this Theory and the Chatter of Madinah designed by Prophet Muhammad saw.
The Chatter of Madinah was form in two phases, first it was originated before the Battle of Badr which is reported the agreement was made when Prophet came to Madinah and he made the peace treaty with Jews in a written document. In the agreement the Jews were prohibited to assist the enemies and support Prophet in fighting the invader. The ahl Kitab are protected and should not fight against each other. The second phase of the Chatter is the agreement between Muhajirun and Ansar after the Battle of Badr in the second year of Hijrah where the muslim became strogger. These treaties are the alliances treaty of the Muhajirun and Ansar. These two are separate treaties, but the historian later combine it together as one.
There are 47 clauses in the combination of the treaties in Chatter of Madinah, it is concern on the rights of Jews and Madinan society and second is the relation of Muhajirin and Ansar. Based on the aspect of ‘Trust’ or ‘Amanah’ in Islam, even Jews are given their right as apart of people in Madinan society. They were not abandon, and their security and welfare are guaranteed in the Chatter of Madinah. Take for examples, Clauses 24 and 47, which deal with peace and security of the Jews same goes to the freedom of worship where it is guarantees in clause 25. Based on this, it is proven that the right of Jews are given to its due.
In the treaty, it is the trust or amanah for the two parties, Muslim community as legislature and the Jews to fulfilled each other trust, as agreed in the Chatter of Madinah. Unfortunately, the Jews broke the agreement with many tragic events in the History of Islam. In this matter, Chatter of Madinah differ from Locke theory of Social Contract where Locke conception on government are based on trust and only people have right, But under the Chatter of Madinah, not only the people have right it is also the government or legislature have their own right to be fulfil by the people. Based on the concept on just, al-Adl both parties, people and government should run the society.
In term of the second agreement, in relation of Ansar and Muhajirun, it is clear that the basic principle of Islam is the brotherhood. All Muslim are brothers to each other, which demand the right as brothers in Islam to be fulfil. Under the clause 2, mention that all muslim are united, feeling, thought, aims and purposes. Their loyalty is for Allah swt, which bound to the Syariah Law, not to the Jahilliyyah Custom.
In this sense, Islam has breakthrough the right sentiment of racism and Assabiyyah culture of the people. It is a basic bond in Islam to solidarity among the muslim not the tribe or clan. Muslim is united under one faith. This demand for a principle of equality that possess everyone with the same need and rights, as similar to the perspective of Locke, no man are superior to another.
As conclusion, based on the theory of Social Contract of John Locke in analyse the Chatter of Madinah, that brought the similarities and differences between these two which are based in the principle of al-Amanah, al-Adl and Equality.
Bilal D3.3
29 July 2008 5.09 pm
Bibliography
Ebenstein, William. 2002. Introduction to Political Thinker. Belmont, CA: Thomson Learning.
Al-Umari, Akran Diya’. 1995. Madinan Society at the Time of Prophet SAW. Virginia, USA: International Institute of Islamic Thought (IIIT).
Locke theory on Social Contract are very much differ compare to the social contract theory of Hobbes. Based on the ideas of state of nature of man, Locke regarded men lives in perfect freedom which they possess right to do what they want to do that gave them freedom to live, health, liberty and possession. Men are equal from one to another, no men are superior than other men in state of nature, where everyone is possess with equal rights and freedom. This very optimistic and positive view of men in nature brings very much different than Hobbes views, that men are selfish and political animal in the state of nature.
From this ideas of state of nature, Locke expand his argument that men are lack of judicial body to settling dispute, and enforcement to enforce the judgment in order words the need of social contract solely to establish organise law and order which from this social contract the body of government, executive, judiciary and legislature is form. After the set of the social contract, government is established, however the basic idea of government of Locke is legislature must be superior compare to legislature and judiciary where Locke regard legislature are fiduciary power based on the understanding of ‘Trustor’ and ‘Trustee’. Trustor is the people who create trust and beneficiary from Trustee. Trustee is the legislature, who is responsible to manage and execute the trust. Thus, the basic concept of government in the Theory of Social Contract of Locke is based on ‘Trust’ or in Islam we called it ‘al-Amanah’. This aspect of ‘Trust’ that made the similarities between this Theory and the Chatter of Madinah designed by Prophet Muhammad saw.
The Chatter of Madinah was form in two phases, first it was originated before the Battle of Badr which is reported the agreement was made when Prophet came to Madinah and he made the peace treaty with Jews in a written document. In the agreement the Jews were prohibited to assist the enemies and support Prophet in fighting the invader. The ahl Kitab are protected and should not fight against each other. The second phase of the Chatter is the agreement between Muhajirun and Ansar after the Battle of Badr in the second year of Hijrah where the muslim became strogger. These treaties are the alliances treaty of the Muhajirun and Ansar. These two are separate treaties, but the historian later combine it together as one.
There are 47 clauses in the combination of the treaties in Chatter of Madinah, it is concern on the rights of Jews and Madinan society and second is the relation of Muhajirin and Ansar. Based on the aspect of ‘Trust’ or ‘Amanah’ in Islam, even Jews are given their right as apart of people in Madinan society. They were not abandon, and their security and welfare are guaranteed in the Chatter of Madinah. Take for examples, Clauses 24 and 47, which deal with peace and security of the Jews same goes to the freedom of worship where it is guarantees in clause 25. Based on this, it is proven that the right of Jews are given to its due.
In the treaty, it is the trust or amanah for the two parties, Muslim community as legislature and the Jews to fulfilled each other trust, as agreed in the Chatter of Madinah. Unfortunately, the Jews broke the agreement with many tragic events in the History of Islam. In this matter, Chatter of Madinah differ from Locke theory of Social Contract where Locke conception on government are based on trust and only people have right, But under the Chatter of Madinah, not only the people have right it is also the government or legislature have their own right to be fulfil by the people. Based on the concept on just, al-Adl both parties, people and government should run the society.
In term of the second agreement, in relation of Ansar and Muhajirun, it is clear that the basic principle of Islam is the brotherhood. All Muslim are brothers to each other, which demand the right as brothers in Islam to be fulfil. Under the clause 2, mention that all muslim are united, feeling, thought, aims and purposes. Their loyalty is for Allah swt, which bound to the Syariah Law, not to the Jahilliyyah Custom.
In this sense, Islam has breakthrough the right sentiment of racism and Assabiyyah culture of the people. It is a basic bond in Islam to solidarity among the muslim not the tribe or clan. Muslim is united under one faith. This demand for a principle of equality that possess everyone with the same need and rights, as similar to the perspective of Locke, no man are superior to another.
As conclusion, based on the theory of Social Contract of John Locke in analyse the Chatter of Madinah, that brought the similarities and differences between these two which are based in the principle of al-Amanah, al-Adl and Equality.
Bilal D3.3
29 July 2008 5.09 pm
Bibliography
Ebenstein, William. 2002. Introduction to Political Thinker. Belmont, CA: Thomson Learning.
Al-Umari, Akran Diya’. 1995. Madinan Society at the Time of Prophet SAW. Virginia, USA: International Institute of Islamic Thought (IIIT).
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