Surah Al-Anfaal (8) — Ayah 58

(Ayah 58){وَ اِمَّا تَخَافَنَّ مِنْ قَوْمٍ خِيَانَةً … :} That is, breaking a covenant is betrayal, which is in no way permissible for a Muslim, even if there is a treaty with any nation, no action against them is allowed, whether those people are inside your state or outside. If, in reality, there arises a danger of them breaking the covenant or deceiving, which becomes apparent from signs, even then it is not permissible to take secret action or launch an open attack against them without informing them; rather, make a clear announcement and clarify that our treaty with you is over, so that you are not accused of breaking the covenant or deceiving, because Allah does not like those who betray. Thus, the conduct of the Caliphs of the Messenger of Allah (peace be upon him) was also such that in case of danger of breach of covenant from the disbelievers, they would announce the termination of the treaty and then attack. However, when a nation has already broken the covenant, then attacking them by surprise is also permissible, as when the disbelievers of Makkah broke the Treaty of Hudaybiyyah by participating with Banu Bakr in the attack on the allies of the Messenger of Allah (peace be upon him), Banu Khuza'ah, so the Messenger of Allah (peace be upon him) marched against them without informing them, and they only found out when the Islamic armies reached near Makkah. The extent to which Muslims honored their treaties is exemplified by the incident narrated by Salim bin Amir, that Muawiyah (may Allah be pleased with him) was marching towards the land of the Romans, while there was a treaty between him and them; he wanted to get close to them and, when the treaty period ended, attack them suddenly. Then he saw an elderly man riding a mount, saying, "Allahu Akbar, Allahu Akbar, fulfill the covenant, do not break it, because the Messenger of Allah (peace be upon him) said: 'Whoever has a covenant with any nation, let him not untie any knot nor tie it until its term ends, or he throws their covenant back to them on equal terms.'" When this hadith reached Muawiyah (may Allah be pleased with him), he turned back. The elderly man narrating the hadith was Amr bin Abasah (may Allah be pleased with him). [ أحمد : 111/4، ح : ۱۷۰۱۷۔ أبو داوٗد : ۲۷۵۹ ]

58. 1 By betrayal is meant the danger of breaking the treaty with the contracted nation, and (in a state of equality) means that they should be formally informed that henceforth there is no treaty between us and you. So that both parties are responsible for their own protection in their own way, and neither party is killed in ignorance or misunderstanding.

58. 2 That is, if this breaking of the treaty is also from the side of the Muslims, then this is betrayal which Allah does not like. There was a treaty between Muawiyah and the Romans; when the duration of the treaty was about to end, Muawiyah started gathering his armies near the Roman territory. The purpose was that as soon as the duration of the treaty ended, an attack would be launched on the Romans. When 'Amr bin 'Abasah came to know of this, he narrated a hadith of the Messenger ﷺ and declared it a violation of the treaty, upon which Muawiyah withdrew his armies.

58. And if you fear treachery from a people, then throw their treaty back to them on equal terms [61]. Surely, Allah does not like the treacherous.

[61]
Treaty with a Nation and Islam’s Foreign Policy, Severe Condemnation of Deceit and Treachery:

In this verse, Muslims are being commanded that if there is a peace treaty with any nation, whether that nation is within your state or outside it, and you fear betrayal or treachery from that nation, then you cannot undertake any secret action or conspiracy against them. In such a situation, you must openly declare to that nation that the treaty between you is now over, so that they are not left under any deception and you are not accused of breaking the treaty. An example of this is the incident where Sayyiduna Amir Muawiyah ؓ had a time-bound treaty with Rome. Observing the movements and activities of the enemy, Sayyiduna Amir Muawiyah ؓ also began to gather troops at the Roman border and intended to attack Rome as soon as the treaty period ended. Seeing this situation, Sayyiduna Anbasa ؓ came to him and warned him that, according to the commands of the Book and Sunnah, he could not do this—unless he first informed the enemy of his intention. Accordingly, Sayyiduna Muawiyah ؓ withdrew the troops.

The Enemy’s Breach of Treaty Should Be Considered a Declaration of War:

However, if the violation of the treaty comes from the other party, then such a declaration is not necessary. The other party’s breach of faith itself will be considered a declaration of war. An example of this is the incident where, according to the Treaty of Hudaybiyyah, there was a time-bound peace treaty between the Muslims and the disbelievers of Makkah. Banu Bakr were allies of the polytheists of Makkah, and Banu Khuza’ah were allies of the Muslims. The Quraysh of Makkah, supporting Banu Bakr, openly attacked Banu Khuza’ah. Some men from Banu Khuza’ah came to Madinah as complainants, and even the Quraysh admitted to this breach of treaty, because after this, Abu Sufyan came to Madinah to renew the treaty. But the Prophet (ﷺ) did not accept his request, and ultimately, this very breach and treachery by the Quraysh became the reason for the attack on Makkah and its conquest.