Absolute Justice, Kindness and Kinship — Page 336
Covenants with Non-Muslims, Treaties and Contracts 329 Two Categories of Treaties with Non-Muslims Now I will explain that the treaties with non-believers are of two categories. One is conducted under duress and the other when the Muslims have the upper hand. The treaty during the Peace of H udaibiya is an example of the former. During this treaty, the right of the Muslims to perform the pilgrimage was violated by the enemy. It may appear to be a weakness on the part of the Holy Prophet sa to accept this violation because the enemy was powerful and there was a likely threat to the safety of his Companions. However, he did not decide to abstain from the pilgrimage because of this. A verse of the Holy Quran clearly prohibits him from performing pilgrimage if the way to Mecca was not clear and he had to fight his way into it. That was the only reason why he stood adamant against the pressure of all his Companions who were ready to offer every sacrifice to gain entry into Mecca. The Treaty of the Peace of H udaibiya was finally written and signed by both parties. A noteworthy incident took place during the setting of the conditions of this treaty which highlights the Holy Prophet’s sa adherence to justice regarding treaties. As far as the fulfilment of the treaties is concerned, the Holy Prophet sa was extremely cautious not to violate any condition. During the negotiations at H udaibiya between the two parties, the Meccans