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

See all articles by Muhammad Munir

Muhammad Munir

International Islamic University, Islamabad - Department of Law

Date Written: April 17, 2011

Abstract

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.

Suggested Citation

Munir, Muhammad, The Concept of Treaty in Relation to War and Peace in Islam (April 17, 2011). Fikro Nazar Urdu Journal, Vol. 47, No. 1, July-September 2009. Available at SSRN: https://ssrn.com/abstract=1813024

Muhammad Munir (Contact Author)

International Islamic University, Islamabad - Department of Law ( email )

House no. 09,street no 152, G-13/4, Islamabad
Islamabad., Islamabad Capital Territory 44,000
Pakistan
3335124423 (Phone)
0092-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk

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