Treaty (Arabic: ʿAhd) in Islam - Historical Context and Significance

Etymology and Translation

• Arabic: ʿAhd (عهد‎)
• Turkish: Andlaşma

The Arabic term “ʿAhd” (عهد) signifies a promise, pledge, or treaty. This term underscores the ethical and legal dimension of agreements within Islamic jurisprudence.

Qur’anic Injunctions on Treaties

The observance of treaties holds a significant place in Islamic teachings and is enjoined in the Qur’an:

• Surah Al-Anfal (8:58): “If you fear betrayal from any group, throw their treaty back to them, so you are not blamed.”
• Surah At-Tawbah (9:4): “Except for those polytheists with whom you have a treaty and who have not subsequently failed you in anything or supported anyone against you. So fulfill your treaty with them until the end of the term.”

These verses emphasize the importance of integrity and the conditions under which treaties might be re-evaluated.

Legal Guidelines on Treaty (ʿAhd)

Islamic legal texts like the Hidāyah elucidate conditions for abrogating treaties:

“If peace be made with aliens for a specified term (e.g. ten years), and afterwards the Muslim leader perceives that it is most advantageous for the Muslim interest to break it, he may lawfully renew the war, after giving the enemy due notice.” (Hidāyah, vol. ii. p. 151; Arabic edition, vol. ii. p. 423)

Historical Case Study: Treaty with John the Christian Prince of Ailah

One notable instance of treaty in early Islamic history involves the negotiations between Prophet Muhammad and John, the Christian prince of Ailah. The following are the key aspects:

Muhammad’s Letter to John

Prophet Muhammad addressed a letter to John, inviting him to Islam or to pay the jizyah (tribute) for protection:

<p>“To John (Yaḥyā), the son of Rūbah, and the chiefs of the tribe of Ailah. Peace be unto you! Praise be to God, besides whom there is no God. I will not fight against you until I receive an answer to this letter. Believe, or else pay tribute (jizyah). Be obedient unto God and to His Apostle. Receive the embassy of God’s Apostle, and honour them&hellip;&quot;</p>

Treaty Ratification

John responded positively, agreeing to maintain peace and pay an annual tribute:

<p>“In the name of God, the Merciful, the Gracious. A treaty of Peace from God, and from Muḥammad the Apostle of God, granted unto Yaḥyā ibn Rūbah and unto the tribe of Ailah&hellip;&quot;</p>

This treaty indicated the Islamic approach to interfaith relations and diplomatic peace treaties.

Further Reading

• “The Sealed Nectar” by Safi-ur-Rahman al-Mubarakpuri
• “The Life of Muhammad” by Ibn Ishaq
• “The Islamic Law of Nations: Shaybani’s Siyar” translated by Majid Khadduri

Key Takeaways

1. The concept of treaty (ʿAhd) in Islam emphasizes ethical conduct and integrity.
2. Qur’anic verses lay foundational guidelines for treaty observance and abrogation.
3. Historical treaties, such as the one with John of Ailah, showcase the early Islamic principles applied in diplomacy and interfaith relations.

Conclusion

Understanding the Islamic concept of treaty (ʿAhd) offers insights into the legal and ethical frameworks that guide Muslim interactions and alliances with non-Muslims. This framework underscores the importance of fulfilling contractual obligations while allowing for renegotiations under specific conditions, reflecting a balanced approach to maintaining peace and justice.

For more detailed studies, consider exploring the listed books which delve into broader aspects of Islamic law and historical treatment of treaties.