What is the Foreign Policy of an Islamic State? (5)

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FP05Loyalty to Pacts and Treaties

If the Islamic government considers it desirable, without any force or pressure, to conclude pacts and treaties with other countries or individuals or companies, it ought to follow the conditions agreed upon. The Qur’an and the hadith lay great stress upon keeping of promises. It is said in the Qur’an:

يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ

“O believers! Fulfill your bonds ….” (5:1)

وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَ

“And those who preserve their trusts and their covenants.” (23:8)

وَأَوْفُوا بِعَهْدِ اللَّهِ إِذَا عَاهَدتُّمْ وَلَا تَنقُضُوا الْأَيْمَانَ بَعْدَ تَوْكِيدِهَا وَقَدْ جَعَلْتُمُ اللَّهَ عَلَيْكُمْ كَفِيلًا ۚ إِنَّ اللَّهَ يَعْلَمُ مَا تَفْعَلُونَ

Fulfill God’s covenant, when you make covenant, and break not the oaths after they have been confirmed, and you have made God your surety; Surely God knows the things you do. (16:91)

Fulfillment of pacts and agreements, according to these verses, is considered to be a nnark of faith (iman) and is obligatory. These verses are also applicable to the unbelievers and the People of the Book (Ahl al‑Kitab). In addition to these, some other verses are also explicit in respect to the pacts made with the unbelievers. The Qur’an says:

وَبَشِّرِ الَّذِينَ كَفَرُوا بِعَذَابٍ أَلِيمٍ إِلَّا الَّذِينَ عَاهَدتُّم مِّنَ الْمُشْرِكِينَ ثُمَّ لَمْ يَنقُصُوكُمْ شَيْئًا وَلَمْ يُظَاهِرُوا عَلَيْكُمْ أَحَدًا فَأَتِمُّوا إِلَيْهِمْ عَهْدَهُمْ إِلَىٰ مُدَّتِهِمْ ۚ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ

“… And give you tidings to the unbelievers of a painful chastisement; excepting those of the idolaters with whom you have a treaty, and who, there­after, have abated nothing of your right nor have supported anyone against you. [As for these], fulfill their treaty till their term; surely God loves the God-fearing.” (9:3-4)

In this context many traditions are related. Amir al‑Mu’minin ‘All (A), in his letter to Malik al‑’Ashtar, writes:

وإن عقدت بينك وبين عدوك عقدة، أو ألبسته منك ذمة، فحط عهدك بالوفاء، وارع ذمتك بالأمانة، واجعل نفسك جنة دون ما أعطيت، فإنه ليس من فرائض الله شىء الناس أشد اجتماعًا، عليه مع تفرق أهوائهم، من تعظيم الوفاء بالعهود.

“If you conclude an agreement between yourself and your enemy or enter into a pledge with him, then fulfill your agreement and discharge your pledge faithfully. Place yourself as a shield against whatever you have pledged, because among the obligations of Allah there is nothing on which people are more firmly united despite the difference of their ideas and variation of their views than respect for fulfilling pledges.” 1

The Prophet (S) said:

من كان يؤمن بالله واليوم الآخر فليف إذا وعد.

“One who believes in God and the Day of Judgment must fulfill his promises.” 2

يجب على المؤمن الوفاء بالمواعيد والصدق فيها.

“It is obligatory for a believer to fulfil his promises and to be sincere in his pledges“3

Fulfilment of promise is one of the highest virtues of man, whose nobility is confirmed by the human nature and is repeatedly stressed by Islam. Muslims are asked to remain faithful to the pacts and agreements they have signed even in case they may be harmful to their material gains. Muslims have to set an example of good and exemplary conduct so that people learn from them the value of humaneness and friendship.

If one studies the life and character of the Prophet (S), one will see that he strictly fulfilled all his promises and agreements unless the other party violated it or some of its clauses. For instance, the Prophet (S), according to the Treaty of Hudaybiyyah, had agreed to hand over any individual who defects to al‑Madinah from Mecca over to the Quraysh.

A newly converted Muslim, Abu Basir; escaped from Mecca and entered al‑Madinah just after the treaty was signed. ‑The Quraysh sent an emissary asking the Prophet (S) to hand Abu Bash over to them according to the treaty. The Prophet (S) told Abu Basir, “I have to comply with the terms of the treaty and am bound to return any person coming from them.

In my religion violation of a treaty is not permissible. You have to return with the emissaries of the Quraysh, and have confidence in God who will soon deliver you from captivity.” Abu Basir said, “O Prophet of God, are you surrendering me to the infidels who want me to give my faith up?” The Prophet (S) answered, “O Abu Basir! I have to fulfil what I have promised according to the agreement; go with them and be sure that God would liberate you and all the oppressed from their oppression. 4

During the battle of Siffin, Amir Al‑Mu’minin was forced, against his will, to make truce with Mu’awiyah. After the proposed treaty was signed the Khawarij realized what blunder they had committed, and then proposed to `Ali (A) not to follow the conditions of the treaty. But `Ali (A) said to them, “Do you wish me to violate the treaty I have signed and turn back from the promise? Hasn’t God commanded you to fulfil your pact and not to turn away from your oaths after they have been confirmed; and you have made God your surety; surely God knows the things you do.” 5

However, the Prophet (S) of God, the Caliphs, and the Imams of his family were always faithful to their promises and treaties, whether in individual matters or social commitments. As a matter of principle, fulfillment of promises is one of the signs of Islam and iman. A pact can be broken only when the other party violates it, or resolves to do so, or is not true to it. This issue is discussed in the Qur’an in the following words:

وَإِمَّا تَخَافَنَّ مِن قَوْمٍ خِيَانَةً فَانبِذْ إِلَيْهِمْ عَلَىٰ سَوَاءٍ ۚ إِنَّ اللَّهَ لَا يُحِبُّ الْخَائِنِينَ

“And if you fear treachery on the part of a people then throw it away at them on terms of equality; surely Allah does not love the treacherous.” (8:58)

Again it is said:

وَإِن نَّكَثُوا أَيْمَانَهُم مِّن بَعْدِ عَهْدِهِمْ وَطَعَنُوا فِي دِينِكُمْ فَقَاتِلُوا أَئِمَّةَ الْكُفْرِ ۙ إِنَّهُمْ لَا أَيْمَانَ لَهُمْ لَعَلَّهُمْ يَنتَهُونَ

“But if they break their oaths after their agreement and (openly) revile your religion, then fight the leaders of unbelief; surely they have no binding oaths; haply they will desist.” (9:12)

أَلَا تُقَاتِلُونَ قَوْمًا نَّكَثُوا أَيْمَانَهُمْ وَهَمُّوا بِإِخْرَاجِ الرَّسُولِ وَهُم بَدَءُوكُمْ أَوَّلَ مَرَّةٍ ۚ أَتَخْشَوْنَهُمْ ۚ فَاللَّهُ أَحَقُّ أَن تَخْشَوْهُ إِن كُنتُم مُّؤْمِنِينَ

“What! Will you not fight a people who broke their oaths and aimed at the expulsion of the Apostle, and they attacked you first? Do you fear them? You would do better to be afraid of God, if you are believers.” (9:13)

There is much evidence that the Prophet (S) and his successors acted upon this guide‑line. In the case of the Treaty of Hudaybiyyah the Prophet (S) remained faithful to the conditions of the treaty as long as the unbelievers abode by the treaty; when the unbelievers violated some of its conditions; the Prophet (S) also annulled the treaty and declared war against them.

Written by Ibrahim Amini

References:

  1. 1. Nahj al‑balaghah (ed. Subhi al‑80h, Beirut 1387 A.H.), Rasa’il, No. 53, p. 442.
  2. Al‑Kulayni, Muhammad ibn Ya’qub, al‑Kafi, voL II, p. 363.
  3. Muhammad Nuri al‑Mazandarini al‑Tabari, Mustadrak al‑wasail wa mustanbat al‑masa’il, vol. II, p. 85.
  4. Ibn Hishim, op.cit., vol. II, p. 323.
  5. AI‑Munaqqari, Nasr ibn Muzahim, Waqat Sifn, p. 514