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The Concept of Treaty in Relation to War and Peace in Islam By S. R. Owolabi

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El Aemer El Mujaddid

March 8, 2020

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“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 the 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 assist 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.”

Source: The Concept of Treaty in Relation to War and Peace in Islam by S. R. OWOLABI, Fikro Nazar Urdu Journal, Vol. 47, No. 1, July-September 2009

Tags: treaty, Islam, Citizen, Muslim, state, imam, jizya, abolished, party, community, fugha, peace treaty, treaty of peace, Muslim State

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