The Concept of Treaty in Relation to War and Peace in Islam

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