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Islam Invite to the Way of your Lord with wisdom and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided." Holy Qur'an 16:125 |
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The Treaties
The Prophet Muhammad made many treaties with the local tribes and the chiefs of states the surrounding the Arabian Peninsula and very strictly adhered to the terms of his treaties. When once he entered into any with anyone he was never first to break the treaty. This was one of the cardinal principles of his policy. He always honoured his promises and pacts with other people and advised his followers to do the same. He always enjoined upon his commanders not to break their trust. The Qur'an commands:
"O you who believe! Fulfil all your obligations (and trusts)." [Qur'an 5:1]. The obligations of treaties and pacts are of far more significance than promises made to individuals. The Qur'an therefore lays great emphasis on the believers to honour them: "You should not take friends from among them (the hypocrites) unless they migrate in the Way of Allah; and if they do not migrate, then seize them wherever you find them and slay them and do not take any of them as friends and helpers. However, those hypocrites are excepted who join a people who are allied to you by treaty." [Qur'an 4:89-90] COVENANT BETWEEN THE MUSLIMS AND THE JEWS When Muhammad came to Medinah, he found himself confronted with many problems, internally as well as externally. He was faced with aggression from the Quraish and subversion and revolt from the hypocrites and the Jews of Medinah. Shortly thereafter, the Prophet (Peace be upon him) got a written document, which bound the Muhaajirun and the Ansaars to a friendly agreement. The covenant made the Jews a party to the treaty that guarantees them the freedom of their rights and obligations. (Ibn Hisham, Vol. p. 501). He mice pacts and treaties of diverse natures with the Jews, but the most significant agreement which the Prophet signed was with the Jews of Medinah. It was not only an agreement with them but a proclamation on the part of the Prophet. It permanently established the central authority of the Islamic State of Medinah as well as that of Muhammad as the chief administrator and ruler. It also established the rule of law in the country with one legal authority and one law for all people. The main provisions of this agreement are as follows. (Ibn Ishaq, The Life of Muhammad, pp231-235). In the Name of Allah, Most Merciful, Most Gracious.
TREATY WITH QURAISH (Truce of Hudaybia) Then, in the sixth year of the Hijrah, the peace of Hudaibiyah was signed between the Prophet and the Quraish on the following terms.
THE TREATY TURNS TO VICTORY The terms of the treaty were apparently favourable to Quraish and many of the Companions did not like it but the Prophet was satisfied that it would open new horizons for the Muslims to spread their Message among Quraish and other Arabs. And it truly proved to be the greatest political victory of Muhammad, which was not won by fighting but by peaceful means. It is confirmed by the Qur'an in these words: "Truly We have given you (O Muhammad) a signal victory." [Qur'an 48 :1] The events that followed proved that the truce of Hudaybia was decisive step in gaining victory after victory for Islam. The trader-statement of Mecca had gloated over their part, had been led accept the seemingly inglorious terms of the treaty simply because of their faith in the Apostle. Both the parties very soon found Islam making rapid strides in the Arabian Peninsula. It opened the door to the occupation of Mecca and, before long, it became possible to send deputation of Mecca for inviting the Caesar and the Chosroes and the Negus to accept Islam. The revelation of God had come true. "Though it is hateful unto you; but it may be happen that ye hate a thin which is good for you, and it may happen that ye love a thing which is bad for you. Allah knoweth, ye know not." [Qur'an 2:216] One of the advantages issuing from the truce was that the Muslims were no longer reckoned as exiles and outlaws, but regarded as a community worthy of the attention of the Quraysh with whom they had made a treaty as equals. The alliance conceded the rightful place to the Muslims they deserved in the Arabian body politic. And, perhaps, even more important was the atmosphere of peace and tranquility. The unending war of attrition so long carried on by the Muslims for their existence, had been dissipating their vigour and strength which could now be availed of for taking the message of Islam to the unhostile or rather ambivalent tribes of the desert. The truce provided an opportunity to the Muslims to meet and indulge in conversation and discussion with the tribes thus far hostile and beauties and virtues of Islam. They now began to discover how people who ate their food, wore their dresses and spoke their language, and were born and brought up in Mecca like them, had, in a few years, been changed into new class of people disdaining the corruption of polytheism and idol worship, hating tribal pride, vengeance and lust for blood and rapine and had begun to take the path of virtue and justice. They could now clearly see that his change of heart had been brought about by the teachings of Islam and the guidance of the Apostle of God. Thus, within a year of the truce, as many Arabs embraced the faith of the Prophet as had not entered Islam during the last fifteen years. "There was never a victory in Islam," says Ibn Shihab al-Zuhri," greater than this. When the armistice came and war laid down its burdens, people began to meet in safety and converse together. And no intelligent man was apprised of Islam who did not enter it. Within two years of the truce as many as those, as had entered it before, embraced Islam, or even more." (Ibn Hisham, Vol. 2, pp.322) Ibn Hisham says, "al-Zuhri's assertion is demonstrated by the fact that the Apostle went to Hudaybia with 1, 400 men according to jabir b. 'Abdallah but two years later the Apostle marched with 10, 000 men for the conquest of Mecca." (Ibid) Those Muslims who had been left behind in Mecca for one reason or thother were harassed and persecuted by the Quraysh, but now they succeeded, after the conclusion of the , to convert a considerable number of youngmen to their faith until the Quraysh began to consider them as a new menace. These youngmen joined the band of Abu Basir which proved himself to be a new sword-arm of Islam, even more dangerous to Quraysh were forced to beg the Apostle to call these men back to Medina. To this the Apostle agreed, and thus ended the distress of these poor men. All this came to happen as a result of the treaty of Hudaybia. (Zad al-Ma'ad, Vol. 1, pp. 388-389) The Attitude of peace and amicableness displayed by the Apostle on this occasion, which demonstrated his exemplary patience and moderation, did not fail to impress the tribes which joined their faith to Islam. They were led to hold a high opinion of Islam and to love and revere it, which by itself, created a wholesome atmosphere for its rapid expansion without any conscious effort on the part of the Prophet or the Muslims. Quraish made a peace treaty with Muhammad but were the first to break it and then tried to renew it, but Muhammad refused even to see their envoy, who had quietly come to Medinah for this purpose. There is not a single example where Muhammad made a treaty and then broke it. He made treaties to establish peace in ' the country, for his main aim was peace. It was Quraish 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 when Muhammad 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 or violates the terms of the agreement, 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 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, 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, 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. Muhammad 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 exception to this. It was in the case of the Treaty of Hudaibiyah with the Quraish. 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. Muhammad, therefore, felt no need to give them any notice of abrogation before attacking them. The following circumstances regarding the Quraish action in violating the pact justified Muhammad's retaliatory action against them. First, "The violation of the treaty by Quraish 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 Holy Prophet 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 Quraish and did nothing at all to show an outward display of peace, while harbouring 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.
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