Treaty with quraish

(Truce of Hudaibiyah)

Then, in the sixth year of the Hijrah, the peace of Hudaibiyah was signed between the Prophet (r) and the Quraysh on the following terms.

1. They agreed to suspend war for ten years during which time people will keep the peace and will not obstruct others. The Quraysh will not wage war against the Muslims nor help others against them, but will remain neutral in case of Muslims fighting a third party.

2. There will be no secret stealing and misappropriation.

3. Whoever wants to enter into a pact with Muhammed (r) and conclude a treaty with him can do so. And whoever wants to enter into a pact with the Quraysh and conclude a treaty with them can do so.

4. Whoever comes to Muhammed (r) without permission of his guardian will be returned and whoever comes to the Quraysh from the companions of the Prophet (r) will not be returned.

5. Muhammed (r) will go back this year with his companions and will enter the Ka'bah next year with his companions. He will stay there for three days and he will not enter with arms except the arms carried by travelers—swords in sheaths.

There is not a single example where Muhammed (r) made a treaty and then broke it. He made treaties to establish peace in the country, for his main aim was peace. It was Quraysh who first forced him to leave his hometown and then began war preparations against him.

Likewise, he was the one who took the initiative in forming a confederation between the Jews and the Ansar against foreign invaders in order to insure peaceful existence between all the people in the city. The Jews were the first to break the terms of the agreement. And then, when Muhammed (r) reminded them of their mutual obligations they insulted him and behaved insolently.

Another thing to remember in such agreements is that when the other party proves treacherous (8:58) or violates the terms of the agreement (9:7-8), then it must be openly thrown back to them and made clear to them that there is no longer a state of peace. According to the verse, if you want to break a treaty for the reasons mentioned above, then you must "throw their treaty openly before them." It is thus "unlawful to make a unilateral decision to terminate an agreement, even if the Muslims feel that the other party is not observing the terms strictly and properly, or if they are afraid that the other party will turn treacherous at the first opportunity." Therefore it forbids them to treat the other party in a way that implies that there has been no treaty with them at all. On the other hand, this verse binds the Muslims to inform the other party in clear words, before taking any steps against it, that the treaty with it has been terminated. This is essential, so that the other party should have no misunderstanding whatsoever that the treaty is still in force.

The Prophet (r) based the international policy of Islam on this verse. He decreed, He who has made a treaty with another party is bound by it until the expiry of its term. Or, if obliged to because of a breach by the other party, he should throw it before the other party, so that both may be set on an equal footing. Then he extended the same principle to all other matters, saying, "Behave not treacherously, even towards those who are treacherous to you." And he impressed this principle so deeply on their minds that it was observed most strictly, both in spirit and in letter."

There is, however, an exception to the above principle. When the enemy has actually violated the treaty openly in such a flagrant manner that the treaty is understood to have been abrogated and cancelled, in such circumstances, there is no need to throw their treaty openly before them, because the other party, by violating its terms, has clearly shown that the treaty is no longer binding unless it is re-negotiated. It may, however, be pointed out that the violation of the treaty on the part of the enemy must be open and glaring, about which there should be no doubt in the minds of the other party.

Muhammed (r) observed this principle very strictly in all his agreements. In the case of the Jews of Medinah, he went himself or sent someone to remind them of their mutual obligations and to confirm their position regarding the agreement. He did this every time they violated the terms of their agreement.

When the other party showed openly by their action that they did not care for him or for his agreements, only then was action taken against them.

There is only one case where the exception to this was employed. It was in the case of the Treaty of Hudaibiyah with the Quraysh. They had openly broken the terms of it by attacking and killing mercilessly men of the Banu Khuza'ah, who were allies of the Muslims, in the Ka'bah. Muhammed (r), therefore, felt no need to give them any notice of abrogation before attacking them. The following circumstances regarding the Quraysh action in violating the pact justified Muhammed's retaliatory action against them.

First, the violation of the treaty by Quraysh was so glaring that there was absolutely no doubt that there had been a breach and they themselves confessed that the treaty had come to an end. That is why they sent Abu Sufyan to al-Medinah to renew it. Though that was a proof that they knew the treaty had come to an end, it does not imply that an exception to the principle is justifiable only if those who violate the treaty know it and confess it. The exception is justifiable if the violation is quite clear to everybody and beyond doubt.

Second, after the violation of the treaty, the Noble Prophet (r) did not indicate in any way whatever by word or by deed or by implication that in spite of the violation of the treaty by them he regarded the treaty to be still in force; nor did he continue such relations with them as might indicate the same. All the traditions show that he rejected the offer of renewal of the treaty made by Abu Sufyan.

Third, he openly took military action against the Quraysh and did nothing at all to show an outward display of peace, while harboring secret intentions of war."

Thus the Prophet set an example by his own action that all treaties are to be observed and respected until violated by the enemy. In that case, it is for the Muslim State to negotiate a new treaty, or take other necessary steps according to the nature of the situation. Thus this verse also outlines the general principles which govern foreign policy in the Islamic state.

Дата добавления: 2015-10-30