Chapter on Reconciliation
Introduction
Ṣulḥ (reconciliation) is the verbal noun derived from ṣālaḥa – yuṣāliḥu, and the forms muṣālaḥah and ṣilāḥ (with a kasrah).
Linguistically, it means to bring a dispute to an end.
In the Sharīʿah it is: an agreement that enables two disputants to reach mutual accord, thereby terminating their conflict.
Its legitimacy rests on the Qur’an, the Sunnah, scholarly consensus, and analogical reasoning.
The Exalted says, “Reconciliation is best” [al-Nisāʾ 4:128]. The Prophet ﷺ declared, “Reconciliation is permissible among the Muslims, except a reconciliation that makes lawful what is forbidden or forbids what is lawful” (reported by al-Tirmidhī, 1352). Al-Tirmidhī also relates, on the authority of Abū al-Dardāʾ, that the Prophet ﷺ said, “Shall I tell you of something better than the rank of fasting, prayer, and charity?” We answered, “Yes indeed.” He said, “Mending relations between people.”
The Muslim community is unanimously agreed on its permissibility, and the common good calls for it, for it is among the means that bring about benefit and ward off harm.
It is one of the most advantageous contracts, because it ends quarrels and division. For that reason a limited degree of falsehood has been allowed in it: al-Bukhārī (2692) and Muslim (2605) narrate from Umm Kulthūm that she heard the Messenger of Allah ﷺ say, “He is not a liar who reconciles between people, conveying good or speaking good.”
Reconciliation takes several forms, such as that concluded between Muslims and combatants by way of a dhimmah pact, a truce, or a grant of safe-conduct.