Chapter on Safe-Conduct
Introduction
Amān (safe-conduct) is a verbal noun from amina–yaʾmanu, amnan and amānan; it is the opposite of fear.
Its primary proof-text is the verse, “If any of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah; then convey him to a place of safety” (Qur’an 9:6).
There is also the wording reported in the two Ṣaḥīḥs in which the Prophet ﷺ said, “The pledge of protection given by the Muslims is one; even the least of them may extend it.”
Three conditions are required for a valid contract of safe-conduct:
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It must be issued by a Muslim who is sane and acting of his or her own free choice—even a woman may grant it—because al-Bukhārī narrates that the Prophet ﷺ said, “We have granted protection to whomever you have granted protection, O Umm Haniʾ.”
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The contract must not entail harm to the Muslims, for its purpose is to secure their benefit.
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Its duration must not exceed 10 years.
Al-Wazīr said, “The scholars agree that the imām may conclude a truce with the polytheists for 10 years or less.” Shaykh al-Islām and Ibn al-Qayyim, however, preferred the view that it may be set for whatever term the Muslims deem appropriate, with no fixed limit.
Ibn al-Qayyim stated, “It is permissible to enter into peace with the belligerents by suspending hostilities for 10 years, and it is likewise permissible for a period longer than that whenever need or an overriding benefit requires it—such as when the Muslims are weak and the enemy stronger, and when an agreement that exceeds 10 years brings benefit to the Muslims,