The Option to Cancel a Peace Treaty

In the fifth verse (58), the Holy Prophet has been told about an important article which forms part of the law of war and peace. Here, after placing due stress on the importance of complying with the terms of a treaty, an alternative has also been laid out to cover a situation in which there may arise a danger of breach of trust from the other party to the treaty any time during its legal tenure. Given this situation, it remains no more necessary that Muslims should continue to abide by their allegiance to the treaty. But, also not permissible for Muslims is the taking of any initiative (pre-emptive action of any kind) against the other party - before the treaty has been clearly terminated. In fact, the correct approach is to pick up a peaceful and convenient occasion and let them know that their ill intentions or treaty contraventions are no secrets to them, or their dealings appear to be dubious, for which reason, Muslims shall not consider them-selves bound by the treaty. Consequently, they too were free to take any action they wished to take. The words of the verse are:

وَإِمَّا تَخَافَنَّ مِن قَوْمٍ خِيَانَةً فَانبِذْ إِلَيْهِمْ عَلَىٰ سَوَاءٍ ۚ إِنَّ اللَّـهَ لَا يُحِبُّ الْخَائِنِينَ ﴿58﴾

And if you apprehend a breach from a people, then, throw (the treaty) towards them being right forward. Surely, Allah does not like those who breach trust - 58.

The sense of the verse is that taking any military initiative against a people with whom a peace treaty has been signed is included under breach of trust and Allah Ta` ala does not like those who are guilty of Khiyanah, that is, those who commit breach of trust - even if this Khiyanah were to cause loss to hostile disbelievers, something also impermissible. However, should there be the danger of a breach of trust from the other party, it is possible to go ahead and openly proclaim before them that Muslims shall not remain bound by the treaty in future. But, this proclamation has to be in a manner which makes Muslims and the other party likewise, on the same footing. It means that nothing should be done to create a situation in which preparations are made to confront the other party in advance of this proclamation and warning while they are caught unawares and remain unable to make counter preparations for their defence. In short, the message given is: Make whatever preparations have to be made, but do it only after the proclamation and warning.

This, then, is the justice of Islam - that the rights of its enemies who commit breach of trust are also guarded and that restrictions are placed on Muslims - not on their adversaries - that they should not make any aggressive preparations against them before having declared that they have nothing to do with the treaty anymore. (Mazhari and others)

Fulfillment of Trust Obligations: A Significant Episode

Based on a narration of Salim ibn ` Amir, it has been reported by Abu Dawud, Tirmidhi, Al-Nasa'i and Imam Ahmad ibn Hanbal (رح) that Sayyidna Mu` awiyah ؓ had a no-war pact with a group of people for a specified period of time. It occurred to Sayyidna Mu` awiyah ؓ that he should move his army and equipment close to those people so that his forces could pounce on the enemy immediately on the expiry of the period of their peace pact. But, exactly at the time when the army of Sayyidna Mu` awiyah ؓ was getting ready to march ahead in the desired direction, it was noticed that an aged person riding on a horse was shouting a slogan very loudly. He was saying: اللہُ اکبر اللہ اکبر وفَآءً لا غدراً (Allahu Akbar, Allahu Akbar - Allah is Great, Allah is Great - we should fulfill the pledge, we should not contravene it). He was saying that with the famous cry of Allahu Akbar (which increased the religious gravity of the matter). The Holy Prophet ﷺ has said: When a ceasefire agreement or a peace pact with a people comes into effect, it is necessary that no knot be opened or tied against their provisions. Sayyidna Mu` awiyah ؓ was informed about it. When he saw the herald of the saying, he recognized him. He was Sayyidna ` Amr ibn ` Anbasah ؓ ، a Sahabi. Sayyidna Mu` awiyah ؓ lost no time and ordered his army to march back so that he does not become one of those who had committed a breach of trust by initiating war action while being within the time frame of a no-war pact. (Ibn Kathir)