COMMON ATTRIBUTES OF THE CONSTITUTION OF MADINA AND MAGNA CARTA: ANALYTICAL STUDY FROM A HISTORICAL PERSPECTIVE

Abstract

Both, the Madinah treaty along with the pact of Magna Carta, are thought to be the global constitutions that were written for the first time. The Madinah treaty is the truce among the people living in Madinah. Whereas Magna Carta is an agreement between the Barons and English King John. Both of these pacts are also considered to be the most primitive fount focusing on human rights. For the first time, such agreements were introduced which entailed the particular rights of Humans that are serving as an inspirational source of guidance for even the constitutions of contemporary times. Factually, UDHR (universal declaration of human rights) is also instigated through such primitive pacts focusing on the fundamental rights of human beings. This comparison between the Madinah treaty and the pact of Magna Carta is an argument-based analysis stating that agency always lies there at the existing point of consent and culpability. The relative additional debates, regarding the rights mentioned in the constitution of Magna Carta that are anticipated to cause the formulation of comparatively more spatial constitutional practices in the western world. Similarly, the existing covenant of the treaty of Madinah organized by Prophet Muhammad (PBUH) with its specificity of containing details regarding the duties enjoined with the particular clans along with their related rights for the good of society together with the visionary rules formulated for the laws is the representative of the fact that all the Muslim states can undoubtedly organize and exchange the governance-related challenges, may it reside within the outline of a law of transcendence i.e. the law of Shariah. Assessment of the exclusive statutory features of the Madinah treaty and the constitution of the Magna Carta has revealed that both of these agreements, though not in a form of proper pact, are more in interest with the fundamental legitimate attributes that are found to have remarkable resonance, demonstrated in the consequent happenings of the resolutions of Arabs which occurred in 2011, together with the further restructurings of the global power. This paper thus focuses on the analyzation and comparison of these treaties along with their implementations together with the constraints. Furthermore, the perspective together with the audience of both these pacts are discussed. Moreover, these charters will be thoroughly analyzed and compared via their attributes, the rights these treaties granted along with their impact on the contemporary world. In the current research conducted, few opinions are being provided on the Madinah Treaty and the constitution of  Magna Carta being the scriptures of Human rights. Also, frameworks of their implementations, constraints, along with their impact beyond the specialism for which such treaties were originally designed. These treaties will then be juxtaposed. Originally, not any of both pacts were discussed with the main focus on the universal civil and religious liberties. However, each of these charters have contributed to provide an impactful way in delivering economic, social, civil, political, and religious rights for the individuals of contemporary world as the human rights and liberties are structured on these charters.