Agreements, Truces, and Treaties in the Islamic State

Dr. Hanaa Salem Daya (pp. 143–166)

Abstract

Treaties are an extremely important tool for managing the foreign relations of the Arab Islamic state. Establishing treaties on the principle of mutual consent defines rights and obligations, promotes cooperation, and strengthens relations between the Islamic state and other countries. Treaties serve as legal guarantees for compliance because they are made voluntarily. Adherence to treaties aligns with the duty of respecting covenants outlined in the Qur’an and Sunnah. Treaties organize peaceful and wartime relations, including matters such as the transport of the wounded, prisoner exchanges, and post-war agreements. Historically, the Arab Islamic state concluded treaties during the era of the Prophet Muhammad (peace be upon him) and the Rightly Guided Caliphs to regulate interactions with non-Islamic states. As Islamic contact with other countries increased, treaties became crucial for communication and security. Jurists have defined the necessary provisions, rules, and principles for their formulation, modification, and enforcement. This research discusses the definition, legitimacy, rulings, conditions, duration, fulfillment, and breaches of treaties, highlighting their importance in both historical and legal contexts.

Keywords: Articles, appeasements, treaties, Islamic