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The Al-Hudaybiyah Peace Treaty
Reflecting on the texts of the agreement which took place in Al-Hudaybiyah, we deduce the following benefits:
1- The preamble of the Islamic treaties would begin with, “In the Name of Allah” or, “In Your Name, O Allah.” In phrasing treaties, International Law states that treaties should start with a preamble upon which all parties of the treaty agree.
It is worth noting that treaties in Islam are referred to Allah The Almighty, whose name is mentioned at the beginning. He is the Observer and the One who is ever over all what is in the hearts; an Accountant. The Name of Allah is sacred in each heart that believes in Him. Even those who adopt invalid beliefs do not deny Allah The Almighty; rather, they distorted their perception of the essence of Allah The Almighty. Some of those who want to attract the hearts of the masses by means of empty mottos would replace, “In the Name of Allah” with, “In the name of people” or “In the name of the nation,” believing that such names are sacred, as they claim. However, a person who truly believes in Allah The Almighty never neglects his belief in the sanctity of Allah. Hence, the treaty started with, “In Your Name, O Allah.”
2- Both parties of the treaty were mentioned immediately after the preamble. This is also the form that is adopted by International Law, as it states the names of the representatives or nations that are part of the treaty immediately after the preamble.
3- The purposes behind the treaty: It was mentioned at the beginning of the treaty that reconciliation was sought to stop warfare between the people for a period of ten years, during which time the people would be secure and would withhold their harm from one another. This form is also adopted by International Law.
4- This is to be followed by mentioning the subject matter of the agreement and stating its conditions. The Messenger of Allah 
mentioned the agreed upon terms between the two parties. This form is also adopted by International Law.
mentioned the agreed upon terms between the two parties. This form is also adopted by International Law.5- We conclude from the Al-Hudaybiyah Peace Treaty that the head of the Muslim state is permitted to ask for reconciliation with the enemy when there is an interest for Muslims in this. It is not a condition that the enemy asks for reconciliation beforehand.
6- Making reconciliation with the polytheists with some undue conditions for the Muslims is permissible for the sake of an outweighing benefit or to ward off a greater harm. It is permissible to ward off the greater of the two harms by enduring the lesser one.
7- Allah The Exalted called the Al-Hudaybiyah Peace Treaty a “Fat’h”, which literally means “opening” in the Arabic language. The reconciliation, which took place between the Muslims and the polytheists in Al-Hudaybiyah, was closed and blocked, and Allah The Almighty opened it. Reconciliation in general, likewise, opens closed hearts towards the other party.
Ostensibly at least, the terms of the Al-Hudaybiyah Peace Treaty were unfair for the Muslims; however, in their essence, they represented glory, conquest and victory. The Messenger of Allah was looking beyond the treaty to the great conquest from behind a soft veil. He accepted all the conditions that were stipulated by the polytheists. While most of the Companions and their chiefs could not endure such conditions, the Messenger of Allah was aware of the good that was implied in that apparently negative settlement.
was looking beyond the treaty to the great conquest from behind a soft veil. He accepted all the conditions that were stipulated by the polytheists. While most of the Companions and their chiefs could not endure such conditions, the Messenger of Allah was aware of the good that was implied in that apparently negative settlement. 8- The treaty was such that it could be opened for whoever wanted to join it from other parties or nations. This form is adopted by International Law as it allows the treaty to be opened for whoever wants to join it from the other parties. The two tribes of Khuzaa‘ah and Kinaanah joined the reconciliation, which ended the war that had lasted between them for many years.
9- The treaty had to be signed by the concerned parties as well as by the witnesses. The Messenger of Allah signed the treaty and his Companions were witnesses; and the same form is adopted by International Law.
signed the treaty and his Companions were witnesses; and the same form is adopted by International Law. 10- It is permissible in a treaty to have a neutral mediator or another party to converge the views, such as the mediation of the chief of the Ahaabeesh tribe (Al-Hils bin ‘Alqamah), the major ally of the Quraysh. The Quraysh requested his mediation between them and the Muslims. Al-Hils was of sound judgment and deep insight, and he was also a chief and a respected person. The Messenger of Allah knew him as well as his intense religiousness and exaltation of the holy sanctuaries. When the Quraysh selected him, they were hoping that his excellent position among the Arabs as well as the esteem he enjoyed in the sight of the Prophet would influence him (the Messenger of Allah ) and his Companions.
knew him as well as his intense religiousness and exaltation of the holy sanctuaries. When the Quraysh selected him, they were hoping that his excellent position among the Arabs as well as the esteem he enjoyed in the sight of the Prophet would influence him (the Messenger of Allah ) and his Companions.This is also approved by International Law as a treaty could be concluded by means of mediation from another country that is not involved or an envoy who or whose country, has nothing to do with the conflict between the two parties subject to the contract.
11- The treaty became effective as soon as both parties agreed on its terms, even if it was not yet recorded and signed by the two parties. As he had accepted the fifth term of the treaty (which read: Any person from the Quraysh emigrating to Muhammad without his guardian's permission……), the Messenger of Allah had to return Abu Jandal bin Suhayl bin ‘Amr, may Allah be pleased with him, to the polytheists' camp. Having declared his commitment to that condition, the Messenger of Allah applied it even though the treaty was not yet recorded or signed by the two parties.
had to return Abu Jandal bin Suhayl bin ‘Amr, may Allah be pleased with him, to the polytheists' camp. Having declared his commitment to that condition, the Messenger of Allah applied it even though the treaty was not yet recorded or signed by the two parties. 12- The treaty was recorded in two copies. Having completed the final procedures of the reconciliation in Al-Hudaybiyah, each of the two parties took a copy of the document of that historical reconciliation. Then, the delegates of the Quraysh returned to Makkah.
