What Makes the Property and Blood of an Unbeliever Fighter Protected
A) The Protection of Faith
B) The Protection of a Covenant and/or Peace Treaty
The Characteristics of a Covenant that Fulfils Protection
Clarifying the Ruling and the Deduced Conclusion
What Nullifies a Covenant and a Security
A-) What nullifies the covenant and security of a Muslim in the lands of Non-Muslims
B) What nullifies the covenant and security of an unbeliever while he is in the lands of Muslims
The Sacredness of the Blood and Possessions of a Non-Muslim Tourist in the Lands of Muslims
1-The extent by which the security is granted to an Unbeliever entering the lands of Muslims
2- Who is entitled to establish a security covenant from the Muslim Community, Ummah?
3- The Ruling of Treating a Non-Muslim Tourist in the Lands of Muslims
Discussing the Proofs and Misconception which those Opposing us Have
Glossary of Arabic Terms
PREFACE In the Name of Allah, Most Gracious, Most Merciful. All praise is for Allah. We praise Him, seek His assistance and ask for His forgiveness. We seek refuge in Allah from the evils within our souls and those of our deeds. Whomever Allah guides, there is none who can misguide him; and whomever Allah misguides there is none who can guide him.
I bear witness that there is no god but Allah Alone; and I bear witness that Mohammad is His servant and Messenger, peace and blessings of Allah be upon him.
Oh, Allah, Lord of [Jibreel] Gabriel, Michael, and Israfeel, Creator of the Heavens and the Earth, Knowledgeable of the Unseen. You will judge between your slaves on the Day of Judgement regarding the things about which they differed, guide us to the Right, verily You guide whomsoever You want to the straight way.
First, a great number of Muslims -both those living in the West as ‘citizens’ and others- who enter the lands of non-Muslims in a covenant, do not really know what rights Sharia Law gives them and what responsibilities it assigns to them. Therefore, we see some of them behaving in a false way -which is not condoned or accepted by Islam- which may badly affect their fellow Muslims living in the West, as well as the reputation of this great religion, whether they know it or not!
And what makes this matter worse is that those wrongdoers’ ignorance about the teachings, rulings and “purposes and intentions” of Islam makes them commit such acts in the name of Islam and under the impression of holding fast to Islam, while Islam has nothing to do with such irresponsible acts!
Therefore, I have found myself bound to write this book in a brief and concise manner to make it easier for those willing to translate it into other languages, so that many people would be able to benefit from it. It is important to point out that this text has been taken from the original Arabic version of my book ‘AlIstehlal’ written on 04/05/1420 H / 15/08/1999.
It is worth mentioning that Arabic has different gender endings for male and female in singular, dual and plural cases. However, any Sharia message mentioned in the Sunnah of the Prophet (peace and blessings of Allah be upon him) and the Holly Quran is meant to be addressing both men and women unless where it specified that the meassage is meant to address men only or vice versa.
I would like to thank the translators without whose highly appreciated efforts this English version of my Arabic book ‘AlIstehlal’ would not have been made available for English Language speakers and I ask Allah the Almighty to reward them for their good deed.1
I ask Allah to accept this book, guide me, make this book a facilitator of Right and an obstacle in the face of Falsehood, and to make it a reason for guiding those who are ignorant about this topic, amen.
“I only desire (your) betterment to the best of my power; and my success (in my task) can only come from Allah. In Him I trust, and unto Him I turn.” [S.11, A., 88].2 And may peace and blessings of Allah be on Muhammad, the unlettered Messenger, his family, and his Companions.
As a preface to this book, we should mention some important introductions -which many people are oblivious of- that may help the reader understand the purpose and objective of this book:
The necessity of holding fast to the good morals that Islam ordains
Be aware that Islam came to ordain the greatest and best of morals, and to annihilate all bad morals. This was covered in a wide range of Sharia texts, which urge this and make it clear. Allah the Almighty, for example, says describing His Prophet Mohammad (peace and blessings of Allah be upon him):
“And surely you have sublime morals.” [S.68, A., 4].
In the Hadeeth, Anas (may Allah be pleased with him) said: “The Messenger of Allah (p.b.b.u.h) was the best among people in his good morals”. [Bukhari & Muslim]
Annawwas bin Sam’an (may Allah be pleased with him) said: “I asked the Messenger of Allah (p.b.b.u.h) about Virtue and Vice. The Messenger of Allah (p.b.b.u.h) answered: “Virtue is good morals; and; Vice is what rankles in your heart and you hate that people would come to know of”. [Muslim]
Abdullah bin Amr bin AlAas (may Allah be pleased with both of them) reported that the Prophet (peace and blessings of Allah be upon him) was never obscene in his speech or action”. The Prohpet (p.b.b.u.h) used to say "The best among you are those with good morals." [Bukhari & Muslim]
The Prophet (peace and blessings of Allah be upon him) also said: “There is nothing heavier than good morals put on the scale of a believer on the Day of Judgment and Allah detests the one who is obscene and foul in his speech or action.” [Tirmidhi, Hasan & Sahih]
Abu Hurairah (may Allah be pleased with him) reported that the Prophet (peace and blessings of Allah be upon him) was asked about the things that would get people to enter Paradise the most. He answered, “Allah fearing and good morals”; and; he was asked about the things that would get people to enter Hell-fire the most. He answered, “The mouth and the genitals”. [Tirmidhi, Hasan & Sahih]
The Prophet (peace and blessings of Allah be upon him) also said: “The ones whose faith is whole and complete among the believers are those who have the best morals”. [Tirmidhi, Hasan & Sahih]
The Prophet (peace and blessings of Allah be upon him) also said: “By his or her good morals, a believer will attain the status of one who fasts during the day and prays during the night”. [Sahih Sunan Abi Dawood No.4013]
The Prophet (peace and blessings of Allah be upon him) also said: “I guarantee a house in the upper part of Paradise for whoever betters his or her morals”. [Sahih Sunan Abi Dawood]
The Prophet (peace and blessings of Allah be upon him) also said: “Among the dearest and closest to me on the Day of Judgment are those who have the best of morals and the most detested and furthest from me on the Day of Judgment are ‘althartharun’ the chatterers, ‘almutashaddiqun’ (to announce something in a boastful, bragging, loud-mouthed manner), and ‘almutafaihiqun’” They said:’ O Messenger of Allah (p.b.b.u.h), we now know who ‘althartharun’ the chatterers and ‘almutashaddiqun’ the boasters are, but we don’t know who are ‘almutafaihiqun’? He then said: “they are those who talk in a verbose manner because of their arrogance.” [Tirmidhi, Hadeeth Hasan ]
The Prophet (peace and blessings of Allah be upon him) also said: “I have been sent to complete the good morals”. In another narration, he said: “Allah has sent me with the best of good morals and the best of good actions”. [Jami’ Al-Usool 4/4]
The Prophet (peace and blessings of Allah be upon him) also said: “The best among you in Islam are those with the best morals provided that they understand religious knowledge.” [Sahih Al-Adab al-Mufrad, 223]
Usama bin Shareek reported that while he was sitting at the Prophet’s (peace and blessings of Allah be upon him) many people of Arab tribes from different places came to see to him and asked him, “O Messenger of Allah, what is the best thing given to man? He answered: “Good morals”. [Sahih Al-Adab al-Mufradi, 223]
The Prophet (peace and blessings of Allah be upon him) also said: “A believer is not a slanderer, a curser, obscene or foul in his speech or action”. [Sahih Al-Adab al-Mufrad, 237]
The Prophet (peace and blessings of Allah be upon him) also said: “Excessive cursers will be neither wintnesses nor intercessors on the Day of Judgment”. [Sahih Al-Adab al-Mufrad, 240]
The Prophet (peace and blessings of Allah be upon him) also said: “The dearest of Allah’s slaves to Allah are those with the best morals”. [As-Silsila Sahiha, 432]
It was reported that Abdallah bin Masoud said: “Obscenity is the meanest of a believer’s morals”.
It was also reported that Abdullah bin Amr said: “If you possess the following four characteristics, you shouldn’t worry about what might be kept away from you in this world as this wouldn’t harm you: having a sound physique, making a lawful gain, delivering a true speech, and upholding a deposition in trust” [Sahih Al-Adab al-Mufrad, 221]
Abdullah bin al-Mubarak explained “good morals” as having a happy cheerful face, doing what is good and right and removing harm.
Indeed to mention all the Sharia texts in Islam which highlight the importance of having ‘good morals’ and encourage Muslims to develop them is beyond the scope of this book. The purpose of mentioning this number of verses from the Holy Quran and Hadeeths from the Noble Sunnah of the Prophet Muhammad (peace and blessings of Allah be upon him) is to remind ourselves and others of the significance of having ‘good morals’ in Islam, and that those with the ‘good morals’ of this religion would be praised in the Heavens and the Earth.
We also want to highlight the urgent need -especially in this age where peoples and nations are having an ethical crisis, if not an absence of ethics altogether- for us Muslims to honestly live up to the level of the high morality of our great religion so that others may see the true image of Islam which Allah wants. It is the image that attracts and invites people to Islam and not that which drives them away from it. Therefore, those who have taken it upon themselves to invite people to believe in Allah the Almighty and those in the leadership of Islamic groups should all be on a high level of good morality and behaviour.
It is unfortunate that only few people in the West read about Islam impartially and from authentic sources. Therefore the knowledge of the rest of them about Islam is actually based on what they see Muslims living with them act and behave like. If they see you -as a Muslim- act in a good manner, they would draw a positive image about you and your religion and this might be a reason for some of them to embrace Allah’s religion. But if you act otherwise, they would draw a negative image about you and your religion, and you would be a reason for preventing and driving them away from embracing Islam, whehter you know it or not!
THE SECOND INTRODUCTION
The necessity of fulfilling covenants and contracts, and showing that betraying is (haram) strictly prohibited.
The essence of fulfilling covenants and contracts and the meaning of non-betrayal have been confused and distorted in the minds of many people. This is because these concepts have been restricted to an inadequate implementation, which in turn, have driven those people to underestimate the sanctity of covenants, contracts, and sworn solemn oaths. This makes them as well see it as ‘halal’ (i.e. lawful) to betray - for trivial reasons- the covenants they make. Unfortunately a man’s word is becoming no longer binding for men. You would see, for instance, someone who appears to be a practising Muslim, agreeing with you on a covenant in the morning only to violate it after a few hours in the evening!
As a result, people’s consciences have become poor; trust, loyalty and integrity among people have been lost; and the number of honest and trustworthy people has tremendously decreased. By contrast, lying, betrayal and disloyalty –what ugly characteristics they are- have become widespread and common to the extent that they are considered -by many- as signs of cleverness, shrewdness, and worst of all: manhood!
Unfortunately these false conceptions have led a group of people to violate and extort other people’s rights, money, and other sacred things. This happens not only between a Muslim and a Non-Muslim but also between a Muslim and another Muslim.
Therefore, it is necessary to make it clear and remind Muslims of the paramount importance of fulfilling covenants and contracts in Islam. It is also of a paramount significance to mention that ‘betrayal’ is not a characteristic of believers but rather of hypocrites. It is considered one of the deadly sins and any one who commits it deserves Allah’s warning and torture.
Allah the Almighty says:
“O you who believe! Fulfil (all) obligations.” [S.5, A.,14]
Ibn Katheer mentions in his Tafseer V.2, P.4, in explanation of “Allah’s saying ‘fulfil (all) obligations’ that Ibn Abbas, Mujahid, and many others said that ‘obligations’ means ‘covenants or pacts’. In addition, Ibn Jareer conveyed the Islamic scholars’ consensus on that when he said, ‘obligations’ means what they used to agree upon in alliance and else. Ali bin Abi Talha reported that Ibn Abbas said that ‘obligations’ means covenants and also means what Allah has ordained as ‘halal’ or ‘haram’ in the entirety of the Quran. All these must neither be betrayed nor be violated.
Allah subhanahu wa ta’ala (SW) says:
“Fulfil the Covenant of Allah when you have entered into it, and break not your oaths after you have confirmed them; indeed you have made Allah your surety; for Allah knows all that you do.” [S.16, A., 91]
Al-Qurtubi said in his Tafseer V.10, P.169: “Allah’s saying ‘fulfil the Covenant of Allah’ is a general statement which includes all that can be covenanted orally and be binding such as acts of merchandising, contracts, and any other agreements made in accordance with the teachings of Islam.”
Allah (SW) says:
“Nor sell the Covenant of Allah for a miserable price; for with Allah is (a prize) far better for you, if you only knew.” [S.16, A., 95].
Al-Qurtubi said in his Tafseer, 10/173 of Allah’s saying: “Nor sell the Covenant of Allah for a miserable price” that Allah is prohibiting taking bribery and taking money for violating covenants. This means “Do not violate your covenants for a worldly little gain”.”
Allah (SW) also says,
“And fulfil (every) engagement, for every engagement will be enquired into (on the Day of Judgement.” [S.17, A.,34]
Ibn Katheer said in his Tafseer: “Allah’s saying ‘Fulfil every engagement’ is what you agree on with one another and the contracts you use with one another because everyone who is involved in covenants and contracts will be enquired into whether they have fulfilled them or not.”
Al-Qurtubi said in his Tafseer, “It is said that the covenant will be questioned in order to reprimand its violator. So, he/she will be told “You violated me!” in the same manner as the female infant buried alive questions the ones who buried her alive.”
Betraying and violating a covenant are characteristics of hypocrites and non-believers.
Allah (SW) says,
“Those who break Allah's Covenant after it is ratified, and sunder what Allah has ordered to be joined, and do mischief on earth, these cause loss (only) to themselves.” [S.2, A. 27]
Ibn Katheer said in Tafseer, “these mentioned above are the characteristics of the non-believers, ‘Kuffar’ which are different from those of the believers.
And in another narration by Mus’ab bin Saad bin Abi Waqqas, he said, “I asked my father about what was meant in this holy verse, and he answered, “These are the Khawarij!”
Allah (SW) also says:
“Is it not (the case) that every time they make a Covenant, some party among them throw it aside? Nay! Most of them are faithless.” [S.2, A. 100]
Al-Qurtubi said in Tafseer: Ataa said, “These are the covenants that were agreed upon between Prophet Muhammad (peace and blessings of Allah be upon him) be upon him] and the Jews, who violated them, like those of Quraidha and Nadhr.”
Allah (SW) also says:
“For the worst of beasts in the sight of Allah are those who reject Him: they will not believe. They are those with whom you did make a convenant, but they break their covenant every time, and they have not the fear (of Allah)”. [S.8, A.., 55-56]
Ibn Katheer said in Tafseer: “Allah says that the worst among those who are living on this earth are the non-believers who always violate their covenants and break their sworn oaths!”
Allah (SW) says:
“And those who break the Covenant of Allah, after having plighted their word thereto, and cut asunder those things which Allah has commanded to be joined, and work mischief in the land; - on them is the Curse; for them is the terrible Home!” [S.13, A. 25]
Al Qurtubi says in Tafseer, “Saad bin Abi Waqqas said, “I swear by Allah the One and Only God, the ones meant in this verse are the Khawarij”. He means the Khawarij who were known as violaters and breakers of their covenants and oaths and by what they would cause of corruption in the Earth.
Ibn Katheer said in Tafseer: “This is the state of the miserable and the wretched and what Allah has in store for them in the Hereafter, on contrary to what the Believers will be having in the Hereafter. This has also been confirmed in the following Hadeeth: “The signs of being a hypocrite are three: when he talks, he lies; when he promises, he does not fulfill his promis; and when he is entrusted with something, he betrays it”. In another narration, the Hadeeth reads like, “when he enters into a covenant, he violates it, and when he is quarrels with someone, he goes to the extreme end of malice”. That is why Allah (SW) says: ‘on them is the Curse’ which means exclusion from Allah’s mercy, and ‘for them is the terrible Home’ which is the evil end and demise.
Abul A’liah said in explaining Allah’s saying: ‘And those who break the Covenant of Allah’, :“they are six traits in the hypocrites which they would barefacedly show when they gain the upper hand over Muslims; and these are: when they talk, they lie; when they promise, they do not fulfill their promise; when they are entrusted, they break and violate the covenant of Allah after agreeing to it; they sever what Allah ordered to be joined; they corrupt in the land. Whereas, when the Muslims gain the upper hand over them, they the hypocrites will only show the three traits of: lying, breaking their promises, and betraying their covenants.”
It was reported that the Prophet (peace and blessings of Allah be upon him) said: "He who has got the following four Characteristics is a true hypocrite, and he who has got only one of them he has got only one characteristic of hypocrisy until he gives it up: If he is entrusted, he betrays the trust. If he speaks, he lies. If he makes a covenant, he proves treacherous. If he quarrels, he behaves in a very imprudent, evil, and insulting manner." [Sahih Bukhari]
Anyone who has these characteristics and is known by them is in danger of ending up in ‘greater’ hypocrisy which would oust him/her beyond the pale of Islam, God fordbid!
Al-Khattabi said: “This implied a warning in the hadeeth that a Muslim should not get used to any of these abhorrent characteristics lest he/she may end up being a true hypocrite.”
Since breaking vows and violating covenants is a distinguishing quality of hypocrites and unbeleivers, by contrast believers are known by fulfilling their covenants when they make any, as Allah (SW) describes them in the following Verse:
“It is not righteousness that you turn your faces towards East or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, and for those who ask, and for the ransom of slaves; to be steadfast in prayer, and to give Zakat, to fulfil the contracts which you have made; and to be firm and patient in pain (or suffering) and adversity, and thoughout all periods of panic. Such are the people of truth, the God-fearing”. [S.2, A. 177]
I say, those who possess these characteristics including ‘those who fulfil the contracts which they have made’ are indeed sincere in their faith and ‘they are God-fearing’. Al-Qurtubi said in Tafseer: “‘those who fulfil the contracts which they have made’ denotes what is between them and Allah and also what is between them and other people.”
Allah (SW) also says:
“Those who fulfill the Covenant of Allah and fail not in their plighted word”. [S.13, A.20]
Al-Qurtubi said in Tafseer: “This is one of the characteristics of men and women of understanding. This means that only people of understanding who fulfill the covenant of Allah will pay heed.”
Ibn Katheer said in Tafseer: “They are not like the hypocrites when any one of them enters into a covenant, they betray it, if they quarrel they act immorally, if they talk they lie and if they are entrusted with something they betray the trust.”
“And those who respect their trusts and covenants”. [S.70, A.32]
Ibn Katheer said in Tafseer: “that is, when they are entrusted, they do not betray; and when they make covenants, they do not violate them. Surely, these are the characteristics of Believers the opposite of which are those of the Believers”.
The emphasis of Sunnah on the necessity of fulfilling covenants and the unlawfulness of breaking them
Under the category of “Conditions in Islam”, Al-Bukhari reported in his Sahih that, “When the Prophet (p.b.b.u.h) made a treaty with Suhail bin Amr; the latter stipulated "If anyone from us (i.e. infidels) ever comes to you, though he has embraced your religion, you should return him to us, and should not interfere between us and him." The believers disliked this condition, got disgusted with it, and argued about it. As Suhail refused to conclude the truce with Allah's Messenger (p.b.b.u.h) without that condition, Allah's Messenger (p.b.b.u.h) accepted and concluded it. Accordingly, Allah's Messenger then returned Abu Jandal bin Suhail to his father, Suhail bin 'Amr, and returned every man coming to him from them during that period even if he was a Muslim.” The Prophet (p.b.b.u.h) only did that because he was committed and loyal to the treaty he signed with the unbelievers, and because he did not want people to say that betrayal is an aspect of Muhammad’s religion (peace and blessings of Allah be upon him)
In another narration in the Sahih it was reported that Suhail said: "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims then said: ‘Praise and Glory be to Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin 'Amr came from the valley of Makkah staggering with his fetters and fell down amongst the Muslims. Suhail then said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." Abu Jandal said, "O Muslims! Will I be returned to pagans though I have come as a Muslim? Don't you see how much suffering they have been inflicted upon me?" Abu Jandal had been tortured severely in the Cause of Allah.”
Ibn Hajar said in Al-Fatih, Volume 5, and Page. 407 that Ibn Isaac added that The Prophet of Allah (p.b.b.u.h) said to Abu Jandal: “Oh Abu Jandal! Be patient. We do not violate our covenants. Indeed Allah is going to grant you a way out of this difficulty”.
I say: think about how the Prophet (peace and blessings of Allah be upon him) preferred returning Abu Jandal-with what they may inflict on him of torture- to the infidels rather than breaching the treaty he had concluded with them. This can only highlight the paramount importance that Islam has given to the state of loyalty to covenants, and the extreme unlawfulness of breaking them, even though this may lead to some infliction upon some of the Muslims.
Similarly it was reported in Sahih that the Prophet (peace and blessings of Allah be upon him) ordered Aba Baseer to go back to Quraish, and be handed over to the two infidels who had come to return him. All of this was done by the Prophet (p.b.b.u.h) as an act of being loyal to the covenant and treaty he had signed with the infidles of Quraish in Hudaibyah.
Ibn Hajar said in Fatih, V.5, and P.411: “In Ibn Isaac’s narration, the Prophet (p.b.b.u.h) said: “Oh Aba Baseer, you already know about the peace treaty we have signed with these people. And indeed, we do not break our covenants. Therefore, go back to them”. Abu Baseer then said: ‘Are you asking me to go back to the infidels so that they torture me and put me to trial in order that I abandon my religion?’ The Prophet (p.b.b.u.h) then said: “Be patient. Indeed Allah is going to get you out of this difficult situation.”
Glory be to Allah! To such extent the sacredness of covenants is observed in our religion! No wonder, dear Muslim reader, since it is the morality of Prophethood which cannot be matched. May peace and blessings Allah be upon our Prophet and our examplar Muhammad, his family and his companions.
Thus, reflect on this, you who consider it appropriate to break sworn oaths and covenants for a small amount of money obtained unlawfully ‘haram’!?
Imam Muslim narrated in his Sahih that Huzaifa bin al-Yaman said: “What prevented me from participating in Badr Battle was that the unbelievers of Quraish took us as Abi Husail-my father- and I were heading towards Madinah. They asked us: are you going to join Muhammad (peace and blessings of Allah be upon him)? We answered: No, we don’t want to join forces with Muhammad (p.b.b.u.h) and fight for him. When we came to the Messenger of Allah (p.b.b.u.h) and told him the news, he said: “stay away from us. We will keep your promise and seek Allah’s assistance against them”.
Reflect on what had prevented Huzaifa (may Allah be pleased with him) from taking part in Badr, the most honourable and greatest battle that Muslims would ever fight until the doomsday. It was the orders of Prophet Muhammad (p.b.b.u.h) to them not to participate in the battle because he wanted them [Huzaifa and his father] to fulfill the obligations of the covenants they made with the infidels. Also, he, the Prophet (p.b.b.b.u.h) did not want anything to smear the reputation of the Islam, by giving the infidels a reason to say that Muhammad’s companions do not fulfill their covenants!
Imam Nawawi in his Sharh [of Saheeh Muslim] volume: 12, page: 144 said: “what can be understood from this incident is the importance of fulfilling one’s covenants. On another level, Islamic scholars took different points of view regarding the case of a Muslim prisoner of war promising the infidels not to escape. Imam Shafii, Imam Abu Hanifa, and Kufa jurisprudence school all said that this promise is not binding, and he should escape once he is able to. Imam Malek, on the other hand, said that this promise is binding.”
I do not wish to take sides in this matter, but I just wanted to emphasise the value and sacredness of covenants in Islam so much that if a Muslim prisoner enters into a covenant with the infidels not to escape from them, he should respect his covenant with them. This complies with Imam Malek’s view.
The Prophet (peace and blessings of Allah be upon him) said: "He who acts perfidiously in this world will have a bnner on the Day of Judgment on which his ‘treason’ will be written” [Bukhari and Muslim].
The Prophet (peace and blessings of Allah be upon him) also said: “Every betrayer will have a banner on the Day of Judgement by which he will be known”. [Bukhari and Muslim].
The Prophet (peace and blessings of Allah be upon him) also said: “Every betrayer will have a banner fixed behind his buttocks on the Day of Judgement.” [Muslim] And in another narration in Sahih Muslim, the Prophet (peace and blessings of Allah be upon him) said: “Every betrayer will have a banner on the Day of Judgement. It will be raised in proportion to the extent of his betrayal.” [Muslim]
The Prophet (peace and blessings of Allah be upon him) also said: “Whoever gives protection to a man and then kills him; I am free from him even if the murdered is an unbeliever.” [An-Nasai, Ibn Majah, and Ahmad, Silsila Sahiha, No. 440].
The Prophet (peace and blessings of Allah be upon him) also said: “Whoever gives protection to a man and then kills him, he will be given a betrayal banner on the Day of Judgment”. [Silsila Sahiha, No. 440].
The Prophet (peace and blessings of Allah be upon him) also said: “If anyone kills a ‘Mu’ahid’ ‘i.e. a person guaranteed protection’ without a just cause, Allah will prevent him from even smelling the fragrance of Paradise”. [Sahih Sunan an-Nasai No .4422].
Abdullah bin Omar (may Allah be pleased with both of them) reported that the Messenger of Allah (peace and blessings of Allah be upon him) said: “He who kills a non-Muslim with whom an agreement or a treaty has been made will not sense the smell of Paradise, and no doubt, its smell can be sensed from a distance covered in forty years.” (Bukhari)
The Prophet (peace and blessings of Allah be upon him) also said: “He who kills a ‘mu’ahid’ ‘i.e. a person guaranteed protection’ before his time is due (i.e the time when his protection covenant expires, or when he is again a fighting unbeliever), Allah will prevent him from entering Paradise”. [Sahih Sunan an-Nasai, No., 4422]
The Prophet (peace and blessings of Allah be upon him) also said: “If a man gives another man an assurance of peace and then kills him, he will be given a betrayal banner on the Day of Judgment”. [AlHakim, Sahih Aljame, No357]
The Prophet (peace and blessings of Allah be upon him) also said: “On the Day of Judgment, I will be protesting against anyone who oppresses a ‘mu’ahid’ ‘i.e. a person guaranteed protection’, belittles him, charges him to do things beyond his ability, or extorts anything from him. [Sahih Sunan Abi Dawu, No. 2626]
What the Prophet (peace and blessings of Allah be upon him) means by “who oppresses a mu’ahid” the following both cases: when a Muslim in the land of non-Muslims and he is on a security covenant with non-Muslims of that land; and; when he is an unbeliever in the lands of the Muslims under a security covenant with the Muslims of that land. Therefore, let those who think of it as lawful -because of misguided opinions- to breach the covenants with Non-Muslims in either case, let them be careful unless they want to stand up opposed by the Prophet (peace and blessings of Allah be upon him) on the Day of Judgment.
The Prophet (peace and blessings of Allah be upon him) also said: “Beware, it is not lawful to eat the flesh of the fanged beast of prey, or that of domestic asses. It is also unlawful to take anything dropped from the property of a ‘mu’ahid’ ‘i.e. a person guaranteed protection’, except when he gives it away willingly. [Sahih Sunan Abi Dawu, No. 3229]
I say: if it is unlawful to take an object dropped from the property of a ‘mu’ahid’, how about his protected money? How about his blood and the rest of his sacred things? Of course, it is more unlawful to transgress over!
The Prophet (peace and blessings of Allah be upon him) said: “Return what you have been entrusted with to the one who entrusted you; and; do not betray who betrays you”. [Abu Dawud and others, As-Silsila a-Sahih, No.423].
This hadeeth shows that a bad deed is not to be met by another bad deed, but rather by a good deed. Allah (SW) says:
“Repel evil with that which is best.” [S.23, A.96].
Allah (SW) also says:
“Nor can Goodness and Evil be equal. Repel (Evil) with what is better: then will he between whom and you was hatred become as it were your friend and intimate!” [S.41, A.34]
Since it is unlawful to repay the treason of someone by another treason or a betrayal by another betrayal, it is also unlawful to repay breaching a covenant by another breaching, repaying robbery by another robbery, committing adultery with the woman-relatives of the adulterer, or murdering the children of the murderer. Repaying a sin by another sin in such cases, under the claim of applying the rule of an eye for an eye, is something that only an ignorant person who has a feeble sense of religion would do. This is against many of the Sharia texts which dictate that a person cannot be blamed for the wrongdoing of another. Allah (SW) says:
“Every soul draws the meed of its acts on none but itself: no bearer of burdens can bear the burden of another” [S.6, A.164]
Hence the “an eye for an eye” rule can not be implemented all the time, as some would think; it has some special cases to be applied in, and only according to what the Sharia Law has dictated.
The Prophet (peace and blessings of Allah be upon him) said: “There is no faith or religion in the heart of he who is not loyal to his security or his covenants”. [Ahmad]. Actually, this is one of the severest warnings about the consequences of breaching the security and covenants in general. That is because ‘faith’ and ‘religion’ would not disappear completely from the heart of someone except for a grave wrongdoing, or a deadly sin.
I say: if someone is never loyal to his entrustment and/or covenants, this one is neither a believer nor a Muslim. The forementioned is to be understood as it is, which means that the complete absence of loyalty to covenants leads to the absence of faith and religion i.e. ‘Kufr’ disbelief, God forbid.
But in the case of someone who is sometimes not loyal to his covenants, then the amount and quality of ‘faith and religion’ which disappears from him are relevant to the amount of covenants he is not loyal to, and Allah knows best.
The Prophet (peace and blessings of Allah be upon him) said: “I do not break a covenant”. [Sahih Sunan Abi Dawu, No. 2396]
The Prophet (peace and blessings of Allah be upon him) also said: “He who has entered into a covenant with some people, he cannot change it until it expires, or when he revokes the whole covenant to them.” [Sahih Sunan Abi Dawu, No. 4423]
To mention all the hadeeths in support of this topic is beyond the scope of this book. Furthermore, it suffices the one who is seeking Haqq [the Right] to know only one of the previously-mentioned hadeeths to abide by Haqq and hold fast to it. As a matter of fact, this is simply what we hope this book will help accomplish. However, for those who follow their own desires, who have ignoble morality, and whose religion and honesty have weakened, if we brought them all the Sharia proofs in the Quran and Sunnah and the sayings of the Ummah’s scholars, they would not make use of them, nor will they listen to them to begin with. These people follow only what their desires and what their base and corrupt moralities dictate them to do.
Now, in brief: breaching the covenants and oaths is ‘haram’ unlawful, and its unlawfulness is highly emphasised in Islam because it is one of the characteristics of unbelievers and the hypocrites who will be in the lowest depths of Hell-Fire. Therefore, my advice to every Muslim is to observe where he or she stands in regards to the morality and greatness of Allah’s religion.
I also advise them to adhere to the ethics and morals of Prophet Muhammad (peace and blessings of Allah be upon him) and those who followed him from his Companions and righteous earlier scholars because we were ordered to follow their steps and learn from their morals rather than those who came later who are liable to be subjected to trials and whose indifference and base morals have crippled them to be up to the high morality and dignity of this religion. Let us bear in mind that we are living in a time that the Prophet (peace and blessings of Allah be upon him) referred to as, “People would be doing their daily affairs but hardly will there be a trustworthy person. It will be said, 'in such-and-such community there is an honest man’. And later, it will also be said about some man, 'What a wise, polite, and strong man he is although he will not have faith equal even to a mustard seed in his heart." [Bukhari and Muslim]
We ask Allah the Almighty to keep us steadfast to His religion, to forgive us, and to sustain our good health.