Regarding the Invalidity of Covenants by Imam ibn Hazm

Posted: March 7, 2012 by millatibraheem in Current Affairs, Fiqh

Regarding contracts and covenants, then Allah (mighty, majestic) says in the surah called “Bara”, which is the last surah revealed and ’tis the last covenant that Allah contracted between the Muslims and the mushrikin; and every covenant that preceded it was thereby abrogated by it. He (exalted) said:

كيف يكون للمشركين عهد عند الله وعند رسوله إلا الذين عاهدتم عند المسجد الحرام فما استقاموا لكم فاستقيموا لهم إن الله يحب المتقين

How could there be any covenant for the mushrikin with Allah and with His messenger, except for those with whom you made a covenant at al-Masjid al-Haram – as long as they stayed honest with you, be honest with them – verily Allah loves the pious. (9:7)

So He (mighty, majestic) nullified every covenant that anyone gives to a mushrik except for what was specifically stated in the surah itself, i.e. specifically regarding the jizyah collection from the people of the book while they are subservient. He (exalted) made a specific exception of those to whom Allah’s messenger (may Allah bless him and give him peace) gave a covenant at al-Masjid Al-Haram. These are the same people about whom He (exalted) said in the first part of this surah:

براءة من الله ورسوله إلى الذين عاهدتم من المشركين فسيحوا في الأرض أربعة أشهر واعلموا أنكم غير معجزي الله وأن الله مخزي الكافرين

There is a complete disassociation from Allah and His messenger to those with whom you had a contract of the mushrikin; so journey in the land (O mushrikin) for four months and know that you cannot disable Allah and that Allah will disgrace the kafirin [pl. of kafir: ungrateful; disbeliever; non-Muslim]. (9:1-2)

So when those four months came to an end there remained no covenant between any mushrik and Muslim, except the sword or Islam, with the exception of a kitabi [of the kitab, book; any Christian, Jew, or Magian] who was content with paying the jizyah while being subservient – that would be accepted; if not, though, then such faces the sword.

‘Tis established by this text that any covenant a Muslim gives to a mushrik that does not involve paying the jizyah with subservience, then such is a covenant of the shaitan [devil; Satan]. It is null and rejected, and ’tis not legal to fulfill. There is no difference between this and between one who takes the narrative of Abu Jandal or between one who prays towards Bait al-Maqdis instead of the Ka’bah, because the Prophet (may Allah bless him and give him peace) performed both but they then became abrogated.

The most amazing thing comes from those who do not observe the limits set by Allah (exalted), so they make agreements that oppose such limits; rather, they observe the covenant of an ingrate, which Allah and His messenger commanded to be nullified.

The most amazing thing comes from the Malikiyah, who say that if a group of combatant kuffar [pl. of kafir] comes to us in peace, while they have with them Muslim men and women as prisoners, that they are not to be saved from them and they are to be abandoned and returned with the kuffar to their lands, while allowing the women to be violated.

We return to Allah (mighty, majestic) in abandoning this accursed opinion, the likes of which should cause the hairs of Muslims to stand on their skins when they hear it! So how can someone believe such things?! Oh my mind! If they were to make a covenant with them to exhume the grave of the Prophet (may Allah bless him and give him peace) or to convert a masjid into a church or to hang bells in the minarets, you might see them fulfill these covenants! Even though they hear His (exalted) word:

كيف يكون للمشركين عهد عند الله وعند رسوله إلا الذين عاهدتم عند المسجد الحرام فما استقاموا لكم فاستقيموا لهم إن الله يحب المتقين

How could there be any covenant for the mushrikin with Allah and with His messenger, except for those with whom you made a covenant at al-Masjid al-Haram – as long as they stayed honest with you, be honest with them – verily Allah loves the pious. (9:7)

Then they hang on tightly to the narrative of Abu Jandal, even though it is abrogated.

Source: Al-ihkam fi usul al-ahkam, Ibn Hazm, 5/33-34

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