The Concept of Treaty in Relation to War and Peace in Islam
Fikro Nazar Urdu Journal, Vol. 47, No. 1, July-September 2009
25 Pages Posted: 22 Apr 2011 Last revised: 24 Dec 2014
Date Written: April 17, 2011
This article explains the law of peace treaties in Islam. Its findings are that the Imam (Muslim head of state) can enter into a peace treaty if it is beneficial for the Muslims and its provisions are not against the injunctions of Shari‘a. According to the preferred opinions of Muslim fuqha, the duration of a peace treaty is left to the Imam who will decide it in the interest of Muslim community. A Muslim state can terminate a treaty (a) on the expiry of its period, (b) if the other party breaches one of its fundamental provisions, (c) if the other party directly or indirectly assists a third party to wage war against the Muslims, (d) if the other party was hatching a conspiracy against the Muslims. Some Muslim jurists consider aman (pledge) as a kind of treaty. The agreement of jizya (poll-tax) between non-Muslim citizens of Muslim state and it is practically abolished as such non-Muslims are protected under the Constitutions of Muslim states.
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