Today, Many Muslim countries are signing Treaties with Major Super Powers of the World, USA, Britain, China, and the new emerging SUPER POWER of the world, EU (European Union). Muslim Countries subjugating themselves to these Capitalist Masters of the world or precisely, the Enemies of Islam either through Economic Policies, Diplomatic Reason, and through Military policies. Regardless of what Policies there are, at the end of the day, it wil be the Muslim Ummah that will Loose and Bleed. They would become would be called Terrorism (Iraq, Falesteen, Afghanistan, Kosovo, Macedonia, Bosnia Refugees in their very homelands, protecting their own country from foreign invasion ia, Chechnya), the Countries like Sudan, Nigeria, Somalia, at one point during the time of Umar Bin Khattab were "Bread-Basket" for the drought stricken countries, today, clean water, a bread would be a luxury to have for the whole day. The Mujahideen of the Muslim countries were at one point the most feared and loved warriors around the world, to an extent that, Hitler once said: if i had such an army i wud conquer the whole world." Today, our armies have prosecute our own brothers and sisters and turned their backs and let the kuffar rape and kill our ummahs.
Muslims today do not see the grave dangers the treaties would have on them. This is because of two reasons: Absence of Islam and Lack of understanding of Capitalism. The Subjugation of the Ummah by Capitalist nations is manifested in Economic Policies, Social Policies, Diplomacy and Military Policies. for Instance, When Pakistan signed Economic Policies with US, US had set requirements, only upon meeting those requirements, Economic policies would be in effect. Those requirements are 1. Charge Interest to the Loans, 2.Privatize Everything, from Natural Resources to Highways to Electricity Companies, water, gas, Oil and What have you. 3. Cut Social Spending i.e no social Security to the eldery. 4. Raise Taxes. 5. Restriction of trade policies iwth certain Muslim Countries.
All these ways are used by Capitalist Masters to Enslave the Muslim Ummah. What Ummah doesn;t realize these dangers of the Treaties. The Impact these treaties would have on them. So Inshallah, from this prospective I would present My Article "Treaties in Islam" to enlighten the Muslims with Islamic perspective on this Issue. These questions should be asked. 1. Who makes a treaty? 2. What are the requirement for signing a treaty. When a treaty is signed and when it should be Dissolved. 3. The Impact of these treatise on Muslims. 4. The Seerah of Muhammad saw-how did prophet deal with this issue. All these questions needs to be clarified. I will start with Falesteen, as it is one of the Hottest Issue in the Muslim World.
In 1979, the Egyptian regime signed a peace treaty with Israel. In 1993, the Palestine Liberation Organization signed an interim peace treaty with Israel. A year later following these pacts, Jordan�s monarchs signed a peace treaty with Israel. A peace treaty between Syria, Lebanese, and Israel regimes is imminent and will be signed some time this year. These are the events that carry deep ramifications for the Muslim Ummah. The Muslims need to take a stand against the regimes forging these treaties. This stand must be based on comprehension of the Hukm Sharii (Islamic Verdict) regarding peace treatise, especially those signed with Israel. Similarly, our feeling towards these treatise (whether we like or dislike, disapprove or approve) should be established upon this verdict.
Muhammad (saw) said: whoever is pleased with the good is like the one who does it. Whoever is pleased with the evil is like the one who does it.�
This ruling should serve as the basis for our actions regarding these treatise. Muhammad (saw) said: �He who witnesses an evil should change it by his hand. If he cannot, he should change it by his tongue. If he cannot, he should change it by his heart.�
To derive the ruling of Islam on peace treatise with Israel, an overview of Islam�s system for international Treatise is presented and within that framework the ruling on peace treatise is explained.
The legal code of Islam, the Shariya, considers international treatise to be a special section of contracts since they are nothing but a contractual agreement between two or more states that regulates some aspects of their relations. Therefore, for the most part, the standard regulations of contracts apply to international treatise. The text of the Quran and the Sunnah proves that Islam permits the establishment of international treatise. Allah swt says in Quran: �if they incline to cease fighting, accept that from them and put your faith in Allah.� (al-Anfal 8: 61)
if they (Muslims outside the Islamic state) seek your support, then lend them your support, save against those nations you have treaty with.�(al � Anfal 8:72)
Except for those who you established treatise with at Masjid al Haram (Mecca). As long as they keep their obligations towards you, you should keep your obligations towards them.�(at � Tawbah 9: 7)
Muhammad (saw) also made several treatise with other entities such as the Quraish state in Mecca. This is well established fact that in the Seerah of Rasoolillah (saw). The above mentioned three verses prove the legality of cease fire treatise. As for other kinds of treatise, 72nd verse in Al Anfal approves of �treatise� in general. This is a proof for the enactment of other kind of treatise, e.g, good neighbor treaties, commercial treaties etc. Furthermore, the practice of Muhammad (saw) included different kinds of treaties.
A case in point in his (saw) good neighbor treaty with the Jewish statelest around Madinah. The Shariya vests the authority to establish an international treaty with the Khalifah or any individual he deputizes for the said duty. Muhammad (saw) said: �the Imam is a guardian and he is responsible for those whom (the Ummah) he guards.
So Rasoolillah (saw) vested the authority to take care of the Ummah�s public affairs including the formation and execution of foreign policy with the Khalifah. The Khalifah has the right to delegate his authority to his deputies according to the relevant laws of Ruling system. Thus, if an unauthorized individual enters a treaty on behalf of the Muslims, it is null and avoid from the outset.
Treaties have to satisfy specific legal conditions for them to be considered valid. There are three kinds of conditions.
The Key components of the treaty (the absence of any of these conditions renders the trearty null and avoid as is the case in any regular contract:
1- The Parties to the treaty (two or more states).
2- The subject matter of the Treaty (regulation of commerce, cease fire).
3- The text of the treaty (e.g., in the treaty of Hudiabiyah, the parties to the treaty where the Islamic State of Quraish; the subject matter was a cease fire for 10 years etc; and the text was ratified by the statement: �this is what Muhammad bin Abdullah agree upon with the Suheil bin Amir�etc. ).
Thus a treaty where the subject matter does not exist at the time of ratifying it is void, e.g. a treaty to regulate commercial travel in space shuttles.
The Primary conditions of the treaty (the absence of any of these conditions nullifies the treaty):
1- The parties to the agreement should have the authority to resolve and regulate the subject matter of the treaty. Therefore, the Islamic State cannot agree with another state to annex a region unless that state controlled the region under consideration. An unauthorized individual cannot enter a treaty on behalf of his state (e.g., Arafat and PLO were not authorized to represent the Ummah or enter a treaty with Isreal. Whatever they agreed upon is null and void).
2- The agreement should be the result of free will, untainted with cheating (e.g., false maps) or duress. The only exception to that is cease fire agreements which by definition contain an element of duress but are valid nevertheless.
3- The subject matter of the treaty must be extent and legal. It is haraam to regulate the trade of a Haraam matter (e.g., Khamr/Alcohol). In the case at hand, Arafats peace treaty with Israel, which includes acceptance of its sovereignty over parts of Palestine is void since its subject matter is Haraam. Allah says in Quran And evict them from wherever they have evicted you.� (al Baqarah 2: 191)
4- Other Primary conditions of regular contracts such as the existence of a mutual and simultaneous agreement to the treaty.
C) The secondary conditions of treaty (the absence of any of these conditions can but does not necessarily void the treaty.)
1- No treaty can be established with another state which is in a state of war with the Muslims, other than a cease fire treaty, since a treaty implies that sanctity of a life and property of the state�s (the state that the Khilafah is in war with) citizens, a contradiction to the laws of war that would be in effect. However, following the materialization of a cease fire treaty, other kinds of treaties can be established with that state.
2- A new treaty cannot contradict the an already established treaty. The state has a duty to honor its obligations under the existing treaties. Entering new treaties which undermine existing treaties would constitute reneging on an obligation, which is Haraam. Allah says �And honor your obligations towards Me, so I would honor my obligations towards you, and fear none but me. (al Baqarah 2: 40)
O you who believe, honor your contracts.� (al maidah 5: 1)
Any such treaty is void. Applying that to the peace treaties poses a new problem. When the Islamic state under Umar bin Khatab conquered Al Quds it gave a commitment, upon their request, to the original inhabitants to prohibit the Jews from residing in Al Quds. Therefore, any treaty allowing the Jews to reside there (the PLO�s treaty grant then a right to the western part of Al Quds de jure) would be null and void.
3- the text of the treaty must be detailed enough to alleviate any anticipated disagreement on the subject matter. Therefore, treatise cannot be equivocal. Allah says: do not use your oaths as a way to deceive each other.� (an Nahl 16: 94)
This does not mean that the state is allowed to engaged in maneuvering. The state can maneuver but must not use bogus treaties as a tool in these maneuvers.
4- The treaty should satisfy a specific objective in the state�s foreign policy. It should advance the goal of Islam�s foreign Policy: Carrying the Islamic Dawah. While this can be subjective call, the Ummah has the right to take the Khalifah to the task in demonstrating how a treaty satisfies this condition. If the treaty is not designed to meet foreign policy goals, the treaty is annulled. The peace treaties do not achieve in any conceivable way these objectives. The objective of attaining the goals of Dawah is not present in a treaty that Protects the borders of Israel, subdues the people in and around Palestine and gurantees the integration of Israel in the region as these treaties stipulate.
5- The treaty cannot include any illegal terms. Muhammad (saw) said: �The Muslims abide by their conditions except for a condition that makes an illegal issue legal or makes legal issue illegal. (Tirmidhi). Should Muslim accept such a condition under duress, they have to renounce it as soon as they can. Otherwise, the condition is disregarded but the rest of the treaty remains in force.
6- Treatise should be written in Arabic as it is the State�s Medium of _expression, instruction and correspondence. Muhammad (saw) used Arabic in his letters to other heads of states who were not verses in Arabic. The fact that (SAW) did so, while there was a need to use other languages, proves that the Arabic Language is the State�s Language and must be used in the conduct of official state business. Violation this condition does not void the treaty, since it has not bearing on the textual substance and objectives of the treaty per se, but it is Haraam for those individuals responsible for the violation. This condition can only be waived under the imperative situations.
In addition, the treaty must have a time limit. Tabara reports the consensus of scholars on this matter in his book �Al Jihad� page 14. Permanent treatise and semi permanent treaties (treatise for exceedingly long time interval, e.g., 99 years) are haraam.
Allah says: Allah and His Messenger renounce those mushrikeen you had treaties with. So (grant them) a four month grace period. (at Tawbah: 1-2)
This was in reference to those kafireen with whom the Muslims had open ended treatise with. This verse nullifies these kinds of treaties. Furthermore, the lack of specific time frame for a treaty rules out the conduct of Jihad in the territory covered by this treaty. However, Muhammad (saw) said: �Jihad continue until the day of Judgement.� (for example, the cease fire and peace treaties with Israel are illegal since they are not bound by a time limit.
Based on this overview, it can be seen that Islam defines an international treaty as temporary agreement between the Islamic State and other states to regulate a lawful aspect of their relations. The Shariya explicates the principle and the conditions a cease fire, good neighbor, non-aggression and neutrality treaties with other states. Muhammad (saw) had a cease fire treaty with the Quraish state, a good neighbor treaty with the Jewish statelets around Madinah. Non aggression treaties with several entities such as the city of Eylah, and a neutrality treaty with Bani Dumerah.
The following are some treatise that are haraam and the Muslims cannot be privy to or part of them and should any of they are automatically null and avoid.
1- Treatise establishing permanent borders for the Islamic State. These treaties either allow for the existence of more than one Muslim state (if Islam is being applied on the both sides of the borders) or arrests Jihad (if kufr and Islam share these borders). Muhammad (saw) said: �if two Khalifahs are given Bayaa(allegiance) then kill t he second of them.� (Muslim). Therefore, the Muslims cannot have more than one ruler and one state. On the other hand, Allah says: �Fight those kafiroon who reside on your borders.� No ideology can recognize borders. An ideology is dynamic in its existence, as opposed to static, and it either expands or shrinks.
2- Military Alliances.
3- Treaties on leasing or giving access to naval ports, air force bases and military roads to Kafir Armies. Allah says: � Allah wil lnot grant the Kuffar authority over Muslim.� Such treaties give the kuffar authority over Muslim lands and a share of authority over Muslim themselves. This is the new face of colonialism.
4- All the current peace treaties with Israel. This is for following reasons:
I) These treaties are being conducted by individual who are not legal representative of the Ummah and thus their actions in enacting these treaties are null.
II) The Treaties have a Haraam Subject (recognizing usurpation of Muslim lands and accepting the eviction of Muslims from their lands).
III) These treaties are supported to mark a definitive end to war and they have no time limit. While an open ended cease fire is haraam, these treaties amount to more than that, such as their clauses on normalization of relations with Israel.
IV) The Treaties are an oppressively clear infringement upon the rights and the interests of Muslims. They also run against the interests of Islam and the goals of the foreign Policy in Islam.
V) In Particular, Arafat�s treaty contradiction the Umari treaty on Al Quds, a standing treaty which the Muslims must honor and which is currently being trampled on. It is Haraam to accept, approve or be pleased with these treaties.
The Muslim Ummah should present the Islamic point of view in this regard. The Muslim Ummah should follow the events establish opinions based on the Islamic texts.
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