✍ Written by: Imran Ayyub Lahori
It is permissible to make peace with the disbelievers, even if it is conditional or limited to a specific duration — which may extend up to ten years.
وَإِن جَنَحُوا لِلسَّلْمِ فَاجْنَحْ لَهَا
[Surah Al-Anfal: 61]
“And if they incline towards peace, then incline to it also.”
The treaty made by the Prophet ﷺ with the Jews of Madinah (known as the Mithaq al-Madinah) is a clear evidence for this ruling.
[Seerah Ibn Hisham 2/167–172; ʿUyūn al-Athar 1/197–198; Ṣaḥīfat al-Madīnah al-Munawwarah, p. 99]
The Prophet ﷺ entered into a peace treaty with the Quraysh of Makkah — known as Sulh al-Hudaybiyyah.
[Sahih Muslim 1784, Kitāb al-Jihād wa al-Siyar: Bāb Sulh al-Hudaybiyyah; Musnad Ahmad 3/268; ʿAbd al-Razzāq 5/343; Seerah Ibn Hisham 3/439; Fath al-Bari 11/129]
① Narration of Anas رضي الله عنه:
When peace was made between the Prophet ﷺ and the Quraysh, they stipulated:
“If anyone from among you comes to us, we shall not return him to you, but if anyone from among us comes to you, you must return him to us.”
They said: “O Messenger of Allah! Shall we agree to write this down?”
The Prophet ﷺ replied:
“Yes. Whoever among us goes to them, Allah has kept him far away from us. And whoever among them comes to us, Allah will surely provide a way and ease for him.”
[Sahih Muslim 1784; Musnad Ahmad 3/268]
② Narration of Al-Miswar bin Makhramah and Marwan:
Regarding the Treaty of Hudaybiyyah, it is recorded that:
“This is the document of peace agreed upon by Muhammad bin ʿAbdullāh and Suhail bin ʿAmr: that war shall be suspended for ten years.”
[Sahih al-Bukhari 2731, 2732, 1694, 1695; Kitāb al-Shurūṭ: Bāb al-Shurūṭ fī al-Jihād wa al-Muṣālaḥah maʿa Ahl al-Ḥarb; Sunan Abu Dawud 2765]
Al-Imam al-Sanʿānī رحمه الله said:
“This hadith is proof that it is permissible to make peace with disbelievers for a fixed term.”
[Subul al-Salām 4/4–18]
❀ As for the clause in the treaty that stated:
“If anyone from the Quraysh becomes a Muslim and comes to you, you must return him to them,”
there is a difference of opinion among scholars. However, the correct view — based on the action of the Prophet ﷺ — is that it was permissible.
[Al-Rawdah al-Nadiyyah 2/761]
According to the Ḥanafī jurists, such a treaty is invalid.
[Nayl al-Awṭār 5/113]
After the treaty, some women who had embraced Islam came to the Prophet ﷺ. He did not send them back to the disbelievers because:
① The treaty was concluded in reference to men, not women.
② Allah Almighty revealed the following verse:
فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ
[Surah Al-Mumtahanah: 10]
“Do not return them to the disbelievers.”
[Sahih al-Bukhari 2711, 2312; Al-Bayhaqi 7/170; Sharh al-Sunnah 5/647; Al-Umm 5/259; Subul al-Salām 4/1804; Nayl al-Awṭār 5/118]
Summary
✿ Making a conditional or time-limited peace treaty with non-Muslims is permissible.
✿ The Prophet ﷺ himself did so at Hudaybiyyah for a term of ten years.
✿ Such treaties may include certain conditions, provided they do not contravene the laws of Allah.
✿ The case of believing women is excluded by divine revelation.
It is permissible to make peace with the disbelievers, even if it is conditional or limited to a specific duration — which may extend up to ten years.
① Evidence from the Qur’an
وَإِن جَنَحُوا لِلسَّلْمِ فَاجْنَحْ لَهَا
[Surah Al-Anfal: 61]
“And if they incline towards peace, then incline to it also.”
② The Covenant of Madinah
The treaty made by the Prophet ﷺ with the Jews of Madinah (known as the Mithaq al-Madinah) is a clear evidence for this ruling.
[Seerah Ibn Hisham 2/167–172; ʿUyūn al-Athar 1/197–198; Ṣaḥīfat al-Madīnah al-Munawwarah, p. 99]③ The Treaty of Hudaybiyyah
The Prophet ﷺ entered into a peace treaty with the Quraysh of Makkah — known as Sulh al-Hudaybiyyah.
[Sahih Muslim 1784, Kitāb al-Jihād wa al-Siyar: Bāb Sulh al-Hudaybiyyah; Musnad Ahmad 3/268; ʿAbd al-Razzāq 5/343; Seerah Ibn Hisham 3/439; Fath al-Bari 11/129]Evidence from Hadith
① Narration of Anas رضي الله عنه:
When peace was made between the Prophet ﷺ and the Quraysh, they stipulated:
“If anyone from among you comes to us, we shall not return him to you, but if anyone from among us comes to you, you must return him to us.”
They said: “O Messenger of Allah! Shall we agree to write this down?”
The Prophet ﷺ replied:
“Yes. Whoever among us goes to them, Allah has kept him far away from us. And whoever among them comes to us, Allah will surely provide a way and ease for him.”
[Sahih Muslim 1784; Musnad Ahmad 3/268]② Narration of Al-Miswar bin Makhramah and Marwan:
Regarding the Treaty of Hudaybiyyah, it is recorded that:
“This is the document of peace agreed upon by Muhammad bin ʿAbdullāh and Suhail bin ʿAmr: that war shall be suspended for ten years.”
[Sahih al-Bukhari 2731, 2732, 1694, 1695; Kitāb al-Shurūṭ: Bāb al-Shurūṭ fī al-Jihād wa al-Muṣālaḥah maʿa Ahl al-Ḥarb; Sunan Abu Dawud 2765]Al-Imam al-Sanʿānī رحمه الله said:
“This hadith is proof that it is permissible to make peace with disbelievers for a fixed term.”
[Subul al-Salām 4/4–18]Scholarly Discussion
❀ As for the clause in the treaty that stated:
“If anyone from the Quraysh becomes a Muslim and comes to you, you must return him to them,”
there is a difference of opinion among scholars. However, the correct view — based on the action of the Prophet ﷺ — is that it was permissible.
[Al-Rawdah al-Nadiyyah 2/761]According to the Ḥanafī jurists, such a treaty is invalid.
[Nayl al-Awṭār 5/113]The Case of Women after the Treaty
After the treaty, some women who had embraced Islam came to the Prophet ﷺ. He did not send them back to the disbelievers because:
① The treaty was concluded in reference to men, not women.
② Allah Almighty revealed the following verse:
فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ
[Surah Al-Mumtahanah: 10]
“Do not return them to the disbelievers.”
[Sahih al-Bukhari 2711, 2312; Al-Bayhaqi 7/170; Sharh al-Sunnah 5/647; Al-Umm 5/259; Subul al-Salām 4/1804; Nayl al-Awṭār 5/118] Summary✿ Making a conditional or time-limited peace treaty with non-Muslims is permissible.
✿ The Prophet ﷺ himself did so at Hudaybiyyah for a term of ten years.
✿ Such treaties may include certain conditions, provided they do not contravene the laws of Allah.
✿ The case of believing women is excluded by divine revelation.
