On the American Constitution 
from the Perspective of the Qur' an 

and the Madinah Covenant 

!mad-ad-Dean Ahmad

Abstract 

This paper explores the insights provided by an analysis of the 

compatibility of democracy and constitutional ism with [slamic 

law. Such a discussion would benefit from an assessment of 

aspects of the United States Constitution in light of the Qur'an 

and the Madinah Covenant. The issues explored include the 

permissibility of man-made constitutions in Islamic law, the 

goals of such constitutions, the relative roles of positive law and 

discovery, the separation of powers, the specification of princi­

ples as opposed to mechanisms of government, succession, 

treason, slavery, racism, amendment, separation of state and 

religion, human rights, private property, and unenumerated 

rights. 

The interminable discussions over the compatibility of democracy with 

Islamic nomocracy (called the Shari'ah, an Arabic word meaning "path") 

have included profound discussions of constitutionalism.' This paper 
exploits the premise that discussing the compatibility of democracy and 

constitutionalism with Islamic law would benefit by assessing certain 

aspects of the American Constitution in light of the Qur'anz and the 

Madinah Covenant, which has been called "the first written constitu­
tion."3 The Madinah Covenant strongly influenced subsequent Muslim 

political practice, and we may search it for insights on constitutional 

issues. 

lmad-ad-Dean Ahmad is president of the Minaret of Freedom Institute (Bethesda, MD). an 

Islamic think tank, and teaches courses on Islam an d Progress in the Honors program at the 
University of Maryland. I-le is coauthor (with Rose Wilder Lane) of Islam and the Discovery 

of Freedom (Beltsville, MD: amana p ublications, 1997).