The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

All treaties signed by the Islamic State must be limited to a specific period. However, contracting a treaty does not mean compelling Muslims with it in all situations just as it does not mean betrayal and violation of the treaty. Rather it is allowed to annul the treaty in specific situations stated by the Shar’a, and it is not allowed to annul it in other than the situations the Shar’a stated. The situations for which the Shar’a stated the permissibility of annulling the treaty with the enemy are:

Firstly: If the covenanted person(s) assist any enemy of the Muslims and support them against the Muslims. That is like when there is a situation of active war between the Islamic State and another State, so the State with which there is a treaty between her and the Islamic state helps this enemy with weapons, money or men and assists it against us. In this situation it is allowed for the Islamic State to nullify the treaty because Allah (swt) says:

Its understanding is that if they assist anyone against Muslims, it is allowed for the Muslims to nullify the treaty with them.

Secondly: The covenanted people violate a condition of the treaty’s conditions which is like what occurred with the Messenger (saw) in the truce of Hudaybiyya. Khuza’ah entered into the protection of the Messenger (saw) and allied with him. Quraysh violated this condition and incited Banu Bakr upon Khuza’ah. Then they regarded and attempted to preserve the treaty, but the Messenger (saw) considered this violation for him to nullify the treaty, so he nullified it and fought them and conquered Makkah.

Thirdly: If the treachery and betrayal is feared from the covenanted people, nullifying the treaty is allowed. Allah (swt) said:

In this situation it is obliged to inform the enemy and nullify the treaty with him. The occurrence of betrayal practically is not a condition of nullification; rather mere fear from the enemy (of this) is sufficient as a justification to nullify the treaty. Informing (them) is sufficient so that the knowledge of both parties is equal regarding the nullification.

Fourthly: The covenanted people violate the treaty with the Islamic State via a complete nullification. In this situation it is obliged to nullify the treaty with them and strike them with a severe strike so as to give them a lesson and example for others so that they do not become bold to transact with the Muslims with a similar transaction. Allah (swt) said:

These are the four situations in which it is allowed for Muslims to nullify the contracted treaties between them and their enemies, and it is allowed for them to fight this enemy. Allah (swt) said:

This is the period mentioned before this ayah which is His (swt) statement:

And Allah (swt) said:

However, it is necessary in nullifying the treaty that it is thrown against them equally. Allah (swt) said:

And this is general in all treaties i.e. equally between them and you. Fighting the enemy is not allowed before the annulment of the treaty and before they know this so that they return to what they were upon of Fortification (tahassun) which was a protection against their betrayal. All of this is regarding other than those who fulfill their covenant. As for those who fulfill their covenant and are upright with the Islamic State, it is obligated that the Muslims fulfill their covenant with them and be upright with them as they were upright. Allah (swt) said:

Its understanding is that those who violated the Muslims in anything like the second mentioned situation or they assisted anyone against them like in the first situation then do not complete for them their covenant. However if they do not do that and they accomplish their treaty to the end of its period, then it is obliged upon Muslims to complete their covenant for them to the end of the period of the covenant. Allah (swt) said:

Its understanding is that if they are not upright in it for you then do not be upright to them, but if they are upright then you should be upright and fulfill for them their covenant. It is clarified from this that the fulfilment of treaties is an obligatory matter. If the treaty is for a specific period, it is obligatory to fulfill it until its period; when its period is completed it is allowed not to renew it and end it. Allah (swt) said:

Just as it clarifies that severity against those who nullify their treaties is also obligatory. If the enemy neglects a condition among the treaty conditions, nullifies it completely, or they provide any assistance to the enemy of the Muslims against Muslims or treachery is feared from them, then all this allows Muslims to nullify the treaties with their enemies and this is not betrayal. Accordingly the Legislator (Shar’i) has specified the types of international treaties and determined the situations which nullify them or bring acting upon them to an end. It is obliged to be bound with what the Legislator alone clarified in treaties and stopping at the limit of the Shar’a in its matter together with leaving the matter of the style and choice to the Khalifah’s opinion and his ijtihad