Muslims to inform the other party in clear words, before taking any steps against it, that the
treaty with it has been terminated. This is essential, so that the other party should have no
misunderstanding whatsoever that the treaty is still in force.
The Prophet (r) based the international policy of Islam on this verse. He decreed, He who
has made a treaty with another party is bound by it until the expiry of its term. Or, if obliged
to because of a breach by the other party, he should throw it before the other party, so that
both may be set on an equal footing. Then he extended the same principle to all other mat-
ters, saying, "Behave not treacherously, even towards those who are treacherous to you."
And he impressed this principle so deeply on their minds that it was observed most strictly,
both in spirit and in letter."
There is, however, an exception to the above principle. When the enemy has actually vi-
olated the treaty openly in such a flagrant manner that the treaty is understood to have
been abrogated and cancelled, in such circumstances, there is no need to throw their treaty
openly before them, because the other party, by violating its terms, has clearly shown that
the treaty is no longer binding unless it is re-negotiated. It may, however, be pointed out
that the violation of the treaty on the part of the enemy must be open and glaring, about
which there should be no doubt in the minds of the other party.
Muhammed (r) observed this principle very strictly in all his agreements. In the case of the
Jews of Medinah, he went himself or sent someone to remind them of their mutual obliga-
tions and to confirm their position regarding the agreement. He did this every time they
violated the terms of their agreement.
When the other party showed openly by their action that they did not care for him or for his
agreements, only then was action taken against them.
There is only one case where the exception to this was employed. It was in the case of the
Treaty of Hudaibiyah with the Quraysh. They had openly broken the terms of it by attacking
and killing mercilessly men of the Banu Khuza'ah, who were allies of the Muslims, in the
Ka'bah. Muhammed (r), therefore, felt no need to give them any notice of abrogation
before attacking them. The following circumstances regarding the Quraysh action in violat-
ing the pact justified Muhammed's retaliatory action against them.
First, the violation of the treaty by Quraysh was so glaring that there was absolutely no
doubt that there had been a breach and they themselves confessed that the treaty had
come to an end. That is why they sent Abu Sufyan to al-Medinah to renew it. Though that
was a proof that they knew the treaty had come to an end, it does not imply that an excep-
tion to the principle is justifiable only if those who violate the treaty know it and confess it.
The exception is justifiable if the violation is quite clear to everybody and beyond doubt.
Second, after the violation of the treaty, the Noble Prophet (r) did not indicate in any way
whatever by word or by deed or by implication that in spite of the violation of the treaty by
them he regarded the treaty to be still in force; nor did he continue such relations with