Section on the Hudna (truce)

Concluding a truce with the unbelievers of an entire province is the exclusive prerogative of the imām and the deputy acting on his behalf there. For a single town, the governor of that province may also conclude it. A hudna is only made for a recognized benefit—such as our weakness owing to limited numbers and equipment, hope that they will embrace Islam, or their willingness to pay the jizya (poll tax). When none of those benefits exists, the maximum allowable term is four months, not six, and anything shorter is likewise permissible according to the preponderant view. Where weakness does exist, a term of up to ten years alone is allowed.

If the stipulated period exceeds what the law permits, two opinions are reported: either only the excess period is void while the rest stands (dividing the agreement), or—if the contract is left unrestricted—the entire pact is invalid. The same ruling applies, on the sounder view, when the treaty contains a corrupt condition, such as prohibiting the liberation of our prisoners, surrendering our property to them, granting them dhimma status for less than one dinar, or paying them money.

A hudna may validly include the proviso that the imām may annul it whenever he wishes. Once it has been properly concluded, we must refrain from hostilities until its term ends, or until they break it—whether by an explicit declaration, by fighting us, by supplying enemy combatants with information on one of our vulnerabilities, or by killing a Muslim. When the term has expired, it is permissible to raid them and launch night attacks.

If some of them violate the treaty and the rest neither disown the breach in word nor in deed, the pact is considered broken with regard to all of them. Should the others repudiate the violation—by dissociating themselves or by informing the imām that they remain bound by the agreement—it is not annulled for them.

If the imām fears their treachery, he may repudiate the treaty toward them and must escort them to a place of safety. The covenant of dhimma, however, is not to be repudiated merely on the basis of suspicion.

It is impermissible to stipulate that any Muslim woman who comes over to us be returned to them; if such a clause is inserted, it is void.