Section: Armistice (Hudnah)
Introduction
Linguistically, hudnah means calm or quiet; one says hadantu al-rajul or ahdantuhu when one brings a man to rest.
In Sacred Law, it is an accord that the ruler, or his deputy, concludes with a belligerent people, stipulating a cessation of hostilities for a known period commensurate with need. It may also be termed muhadana, muwadaʿa, or muʿahada (truce or treaty).
Its textual foundation is the Almighty’s words: “And if they incline toward peace, then you likewise incline toward it” (Q 8:61).
Further proof is the report recorded by Imam Ahmad and al-Bukhari from Marwan ibn al-Hakam and al-Miswar ibn Makhrama: “The Prophet — peace and blessings be upon him — made peace with Quraysh, laying aside fighting for ten years.”
Analogy leads to the same ruling, for the Muslims may at times be weak while the enemy is strong; a truce is then concluded until the Muslims regain strength and preparedness.
Sharḥ al-Iqnaʿ states: Only the ruler or his deputy may conclude such a treaty, because it requires deliberation and ijtihad, and no one else possesses the requisite authority.
Once concluded, the covenant is binding and is not nullified by the death of the ruler or his deputy; the successor must uphold it so that one ijtihad is not overturned by another. It remains valid unless the unbelievers invalidate it through fighting or some other breach.
A truce is permissible only when postponing jihad serves a manifest interest.
The Muslims are not obliged to protect the enemy during the armistice, for its purport is merely to refrain from attacking them.
If the ruler fears that they will break the treaty, on the basis of signs that point to such an intention, he may repudiate it, declaring, “I have annulled your covenant; we are now at war,” in accordance with the Almighty’s words: “And if you fear…"