The Concept of Treaty in Islamic Jurisprudence: A Comparative View of the Classical Jurists

This article aims to shed light on a particular area in the field of Islamic International Law (siyar), i.e., treaty in Islamic jurisprudence. It addresses a comparative view of classical jurists on treaties both theoretically and historically, and highlights their continued relevance to the contemporary world. Not only is there a lacuna in scholarship concerning the concept of treaties in Islamic jurisprudence, but it can be argued that there is a failure of conception of international legal theorists to study and integrate the Islamic treaty system into the body of modern international law in order to have a mutual understanding and respect and honor for treaties among nations. I would like to present and address the concept of treaty in Islamic jurisprudence with special reference to treaty of Hudaybiyyah that took place between Muslims and non-Muslims.