21.3 Sulh (hudna) - Islomiy shaxsiyat | Quran Course

21.3 Sulh (hudna) - Islomiy shaxsiyat | Quran Course

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21.3 Sulh (hudna)

21.3 Truce (hudna)

by Sheikh Taqīuddīn An-Nabahānī1 min readViewed 193 times

Muslims' armistice treaty with disbelievers is permitted on the basis of the Prophet's (saw) truce with Quraysh in the year of Hudaybiyya. However, the permissibility of a truce is restricted to cases where there is a benefit for which jihad or the spreading of da'wah requires it. This is because the Messenger of Allah (saw) received word, before his journey to Hudaybiyya, that an agreement had been made between the people of Khaybar and Makkah to attack the Muslims. Immediately upon his return from Hudaybiyya, he hastened to invade Khaybar, and he likewise hastened to send messengers to the kings and leaders inviting them to Islam, which indicates that the truce of Hudaybiyya was for a benefit related to jihad and the spreading of da'wah. After reaching a truce with Quraysh, he was able to free himself to fight Khaybar and to carry out da'wah to the kings and leaders. A truce is not allowed in the absence of this benefit, since a truce means leaving off the obligatory fighting, which is not permitted except in a situation where it serves as a means to fighting, for at that point it becomes fighting in a metaphorical sense. Allah (swt) said:

The armistice treaty between Muslims and disbelievers is permitted due to his (saw) truce with Quraysh in the year of Hudaybiyya. However the permissibility of a truce is restricted to the existence of benefit for which the jihad or spreading of the da’wah requires it. This is because it reached the Messenger of Allah (saw) before his travelling to Hudaybiyya that an agreement had been made between the people of Khayber and Makkah upon invading the Muslims. He hastened directly upon his return from Hudaybiyya to invade Khayber and similarly hastened to send messengers to the kings and leaders inviting them to Islam which indicates that the truce of Hudaybiyya was for a benefit related to jihad and spreading the da’wah. After coming into a truce with Quraysh he was able to free himself for fighting Khayber and for performing the da’wah to the kings and leaders. The truce is not allowed in the absence of this benefit since a truce is leaving the obligated fighting which is not allowed except in the situation it occurs as a means to fighting as at this point it becomes fighting metaphorically. Allah (swt) said:

Agar sulh shartnomasidagi manfaat tasdiqlangan bo'lsa, u aniq va ma'lum bir muddat bilan o'lchanishi kerak. Muddat belgilanmagan holda hech qanday sulhga ruxsat berilmaydi, chunki bu muddatli shartnoma bo'lib, muddatni zikr qilmasdan uni cheklovsiz qoldirish uni bekor qiladi, chunki bu sulhda taqiqlangan doimiylikni talab qiladi, shu sababli farz bo'lgan jihod doimiy bo'lib qoladi, uning doimiyligi esa farz bo'lgan jihodga to'sqinlik qiladi. Sulhda aniq muddatni belgilash uning to'g'riligi sharti hisoblanadi, shuning uchun agar unga aniq muddat belgilanmagan bo'lsa, bu sulh shartnomasini bekor qiladi, chunki Hudaybiya sulhida unga aniq muddat belgilangan edi. Agar sulh tuzilgan va to'g'ri bo'lsa, ularga qarshi qo'l ko'tarmaslik va sulh shartnomasiga muddati tugaguniga yoki ular uni ochiq aytish, bizlar bilan jang qilish, bizning yurtimizda musulmonni yoki zimmiyni o'ldirish yoki sulh shartlariga zid biror ish qilish orqali uni buzishgacha rioya qilish bizga vojibdir, qolganlar esa bunga so'z yoki amal bilan qarshi chiqmaydilar. Agar shunday bo'lsa, sulh ushbu barcha holatlarda bekor bo'ladi. Xuddi shunday, agar davlat ularning xiyonatidan qo'rqsa, ya'ni sulhning haqiqiyligini yo'qqa chiqaradigan biror narsa, masalan, bunday alomat paydo bo'lganda, bu sulhning bekor bo'lishi hisoblanadi. Shunday bir narsa yuz bersa, ular ustiga kecha yoki kunduz istalgan vaqtda kutilmagan hujum qilish joiz, chunki ularning sulhni buzishi musulmonlarga ular bilan jang qilish va ular bilan sulhni bekor qilish huquqini beradi. Buning sababi shuki, Payg'ambar ﷺ Quraysh bilan sulh tuzganlarida va ular uning sulhini buzganlarida, sulh davrida taqiqlangan hamma narsa halol bo'ldi, shuning uchun u ﷺ ular bilan jang qildi va Makkani fath etdi. Shuningdek, sulh muddati tugashi yoki bekor qilinishi bilan tugaydigan, muddatli shartnomadir. Alloh (SWT) aytadi:

If the benefit in an armistice treaty is verified, it must be measured for a specified and known period. No truce is allowed without measuring a period because it is a fixed period contract so leaving it unrestricted without mentioning the period invalidates it due to its necessitating permanency which is prevented in the armistice treaty so that jihad remains constant as its permanency prevents jihad which is obligatory. Measuring a specific period in the truce is a condition of its validity so if no specific period is measured for it, this invalidates the armistice treaty since the Hudaybiyya armistice had a specific period measured for it. If the armistice is contracted and it is valid, it is obliged upon us to abstain from them and observe the armistice treaty until its period concludes or they violate it with their nullifying it either by their saying so clearly, fighting us, killing a Muslim or a dhimmi in our land or something is done contradicting the armistice’s conditions and the rest do not reject this from him by word(s) or action(s). If this occurs, the truce is nullified in all of these. Similarly if the State fears their treachery by something which invalidates their show of the truce such as when a sign of this appears; this would be nullification of the truce. If something like this occurs, a surprise attack against them is allowed any time, night or day, since their breaking the truce allows the Muslims to fight them and to nullify the truce with them. This is because when the Messenger (saw) came to a truce with Quraysh and they broke his truce, all what was forbidden in the truce period became permitted so he fought them and conquered Makkah. Also because the truce is a fixed period contract which ends with its period finishing or its nullification. Allah (swt) said: