Islam - Its Meaning for Modern Man

by Sir Muhammad Zafrulla Khan

Page 303 of 386

Islam - Its Meaning for Modern Man — Page 303

303 matter of religion then it is your duty to help them, except against a people with whom you have a treaty. Allah sees what you do” (8:73). Circumstances may arise, however, under which the conduct of one party to a treaty might make it difficult or impossible for the other party to continue its adherence to the terms of the treaty. If it should be clearly established that the other party to a treaty is determined upon its repudiation or breach, a Muslim state may repudiate the treaty, but only after due notice and upon terms which would ensure that no prejudice or disadvantage would be occasioned to the other party by such repudiation. In other words, so long as an actual breach of the treaty has not taken place, one party to a treaty is not permitted to enter upon military preparations against the other party ⎯ even when bad faith is suspected ⎯ except after due notice that from a specified date the one party will no longer be bound by the treaty on account of the threatened or clearly intended contravention or breach by the other party. This would permit appropriate action for the removal of any misunderstanding that might have arisen or for the renewal of the treaty or for the conclusion of a new one if this should be found advisable and feasible. In any case, such notice would safeguard the other party against surprise and put it in a position to make the