SOME EXCERPTS FROM THE TREATIES WITH THE MUSHRIKS

The Prophet (pbuh) made diplomatic treaties with the neighboring tribes one year after his hijrah to Medina. Some of these treaties are as follow:

Treaty with Banu Damrah

The Prophet went to Banu Damrah with 60 muhajirs, companions who had migrated to Medina, in the month of Safar in the second year after his arrival in Medina. He debated what the neighbor relations should be with their leader and dictated the following text:

“In the name of Allah, the Most Compassionate, the Most Merciful;

The letter of Prophet Muhammad (pbuh) written to Banu Damrah: their assets and lives shall be safe. They shall be aided when they are cruelly attacked. They shall also help the Prophet. This treaty shall remain in full force until there still remains a drop in the sea enough to wet a feather. Their conditions during battling in the name of Allah are exempt from this. They shall answer the call of the Prophet when he asks for their help. They shall have the guarantee of Allah and His messenger. Aid shall be given for those who abide their liabilities and who are afraid of the violation of this treaty.”

This treaty which was between the Prophet and Banu Damra holds provisions such as helping each other, maintaining good neighbor relations, allying in case of a potential attack, etc. It also gives responsibility to both sides. Due to the fact that the Banu Damrah tribe was not Muslim at that time, no provision was stipulated regarding cooperation or support for jihad (battling in the name of Allah and within the precisely defined limits of Islamic law).

Treaty Signed with the Banu Ghifar

The Prophet concluded a treaty with the Banu Ghifar tribe in the same year he made a treaty with the Banu Damra tribe. This treaty more or less bears resemblance to the treaty made with the Banu Damra:

“Banu Ghifar shall be deemed as a person who possesses the same rights and same liabilities as the Muslims. Moreover, the Prophet guarantees the protection of Allah and the protection of His Prophet over them and their possessions. If the Prophet calls for their help, they are obliged to honor his invitation, and they have a duty to help him. War for religion is to be held exempt from this record. This treaty will be valid until there still remains a drop in sea enough to wet a feather. This writing will not be used in the case of a murder.”

As such, the Prophet made an agreement with the Banu Ghifar to help and support each other and establish good neighbor relations.

The Treaty Signed with the Juhaynad Tribe

In the second year of the Hijrah in the lunar month of Rabi’ al-Awwal, the Prophet headed to Buwat where the Juhaynads were living. The Prophet signed a treaty similar to that of the ones with Banu Damra and Banu Ghifar:

“To Banu Zur and Banu Rab from the Juhaynad Tribe: They and their possessions will be under protection. They will receive help against those who battle and tyrannize against them. The wars waged in the name of religion and their members will be held exempt from this record. Those nomadic members who fulfill their obligations and who are by no means in violation of anything have all the rights granted to natives. Allah is the helper.”

This treaty signed by the Prophet with the Juhaynad tribe formed a non-aggression pact between the two parties wherein aiding each other in all sorts of attack was concluded as an obligation.

Treaty of Hudaibiyah with the Quraishis

The Prophet set out for Mecca with his ashab (companions) of 1,400-1,500 people and 70 sacrificial animals in the lunar month Dhu al-Qa'dah in the sixth year of Hijrah. His purpose was to remove the hostility between them and the Quraishis, forget events of the past and maintain good relations and perform umrah. However, when Prophet Muhammad came within the reach of Mecca, they came across Busr bin Sufyan. When they learned from him that the people of Mecca were planning to treat the Muslims with hostility, Prophet Muhammad took his ashab to Hudaibiyah. Because of the fact that the Prophet had the intention to make peace with them when he approached Mecca, he did not retaliate against the Quraishis for preventing the Muslims access to Mecca. His sole purpose was to make a treaty and leave if not perform umrah. He tried to achieve this by diplomatic means. As result of the bilateral diplomatic relations, the Quraishis sent Suhayl bin Amr to make a treaty. The Prophet and Suhayl bin Amr debated on the text of the treaty, and the following articles were decided upon for inclusion:

1. The Muslims shall go back this year without performing umrah. In the coming year, they may visit Mecca staying therein for three days bearing no arms except the arms of the traveler with swords remaining in their sheaths.
2. Those Muslims of Medina who took refuge in Mecca shall not be returned, however Muhammad will return every Meccan person arriving in Medina if the master of such person wishes so.
3. He will not deport anyone from the Meccan society along with himself and will not prevent the believers [in Islam] who wish to remain in Mecca.
4. Those who wish to join Muhammad’s alliance will be able to do so. Those who wish for the solidarity and the alliance of the Quraish will be able to join them.
5. Ten years of truce have been signed between the two states. The allies of the treaty signing parties are included within this truce. This truce necessitates that each of the parties provide safe passage through their lands for the people of the other party, and when one of the parties is at war with a third party, the other party is obliged to remain neutral.

Having signed this treaty, the Prophet had accepted it under very difficult conditions and terms. This was because they were not going to be able to visit Kaaba, the restitution of those taking refuge in Mecca was not going to be possible despite the restitution of those taking refuge in Medina, and not a single person from Mecca was going to be allowed to enter Medina. As it can be understood, all the articles of the treaty were to the disadvantage of Muslims. However, despite all these negativities, the Prophet signed a ten-year truce with his greatest enemy, the Quraish. This treaty consequently left the Muslims feeling hopeless. Yet, after revelations were received and some incidents occurred, it was understood that this was in fact a victory for the Muslims. Because while in the fifth year of Hijrah, Muslims numbered 3,000 at the Battle of Trench (Khandaq), after only two years 10,000 participated in the conquest of Mecca.

The Prophet always remained true to the treaties signed with the mushriks. During the debate and writing of the treaty, Abu Jandal, son of the Quraish delegate Suhayl bin Amr wished to take refuge as a Muslim under the Prophet’s protection and asked Prophet Muhammad to save him from the mushriks.

However, the Prophet did not accept Abu Jandal emphasizing that he was not able to deviate from the articles of the treaty and that they should remain true to it. Despite the objection of the Muslims: “How can Abu Jandal be returned to the mushriks when he is a Muslim?”, and although Abu Jandal cried out, “O Muslims! Though I came as a Muslim, will I be returned to the mushriks?” the Prophet did not violate the treaty and returned him.

Abu Basir, who was captured by the mushriks managing to flee to Medina, yet again in accordance with the articles of the treaty was handed over by the Prophet to the two agents that arrived in Medina. In concordance with the Hudaybiyah truce, the parties were to remain at peace for a period of 10 years and would not violate this even confidentially. However, the Banu Bakr tribe, ally of the Quraish tribe, acted against the truce by attacking the Huzaa tribe, ally of the Prophet. This violation eventually led to the conquest of Mecca.