✍ Written by: Imran Ayyub Lahori
The scholars are unanimous that the peace treaty (ṣulḥ) with disbelievers must be for a fixed term and not indefinite, because a perpetual treaty would mean abandoning the divine obligation of jihād prescribed by Allah Almighty.
However, the scholars have differed regarding the length of this period.
When Muslims are in a position of strength, it is permissible to conclude a peace treaty for a period ranging from four months to one year.
But when Muslims are weak, then a treaty may extend up to ten years, just as the Messenger of Allah ﷺ made peace with the Quraysh at Hudaybiyyah for ten years.
[Al-Fiqh al-Islāmī wa Adillatuh 6/441]
If the ruler, after due ijtihād (juridical reasoning), deems it beneficial to make peace for more than ten years, then such a treaty is permissible.
[Kashshāf al-Qināʿ 3/104]
According to the Ḥanafī and Mālikī jurists, there is no fixed duration for the treaty.
Its length depends entirely upon the discretion and judgment of the Imam (ruler), who may determine the duration based on the circumstances and welfare of the Muslims.
[Āthār al-Ḥarb, p. 675]
Allah Almighty has made fighting against the disbelievers an obligation; therefore, it is not permissible to conclude peace with them without taking jizyah or something equivalent.
However, since the Prophet ﷺ himself entered into such a peace agreement, this establishes its permissibility — but only for the duration proven by explicit text, i.e., ten years.
After this term expires, the original ruling resumes — that combat with disbelievers becomes obligatory again.
The majority of scholars hold this view.
[Al-Rawdah al-Nadiyyah 2/761]
Summary of Rulings
◈ Permanent peace treaties are not permissible.
◈ Fixed-term treaties are allowed, up to ten years — based on the Prophet’s ﷺ practice at Hudaybiyyah.
◈ Extension beyond ten years depends on necessity and ijtihād of the ruler.
◈ After expiry, the obligation of jihād is reinstated unless renewed for valid reasons.
❖ Duration of Peace Treaty
The scholars are unanimous that the peace treaty (ṣulḥ) with disbelievers must be for a fixed term and not indefinite, because a perpetual treaty would mean abandoning the divine obligation of jihād prescribed by Allah Almighty.
However, the scholars have differed regarding the length of this period.
① Opinion of the Shāfiʿiyyah
When Muslims are in a position of strength, it is permissible to conclude a peace treaty for a period ranging from four months to one year.
But when Muslims are weak, then a treaty may extend up to ten years, just as the Messenger of Allah ﷺ made peace with the Quraysh at Hudaybiyyah for ten years.
[Al-Fiqh al-Islāmī wa Adillatuh 6/441]② Opinion of the Ḥanābilah
If the ruler, after due ijtihād (juridical reasoning), deems it beneficial to make peace for more than ten years, then such a treaty is permissible.
[Kashshāf al-Qināʿ 3/104]③ Opinion of the Ḥanafiyyah and Mālikiyyah
According to the Ḥanafī and Mālikī jurists, there is no fixed duration for the treaty.
Its length depends entirely upon the discretion and judgment of the Imam (ruler), who may determine the duration based on the circumstances and welfare of the Muslims.
[Āthār al-Ḥarb, p. 675]④ Preferred (Rājiḥ) View
Allah Almighty has made fighting against the disbelievers an obligation; therefore, it is not permissible to conclude peace with them without taking jizyah or something equivalent.
However, since the Prophet ﷺ himself entered into such a peace agreement, this establishes its permissibility — but only for the duration proven by explicit text, i.e., ten years.
After this term expires, the original ruling resumes — that combat with disbelievers becomes obligatory again.
The majority of scholars hold this view.
[Al-Rawdah al-Nadiyyah 2/761] Summary of Rulings◈ Permanent peace treaties are not permissible.
◈ Fixed-term treaties are allowed, up to ten years — based on the Prophet’s ﷺ practice at Hudaybiyyah.
◈ Extension beyond ten years depends on necessity and ijtihād of the ruler.
◈ After expiry, the obligation of jihād is reinstated unless renewed for valid reasons.
