The Treaty of Hudaybiyyah: A Sign of Dignity, Not Surrender
It was not the predetermined plan in the Prophet's biography to avoid confrontation and agree with others, even if it led to abandoning the Sharia. What the Prophet ﷺ agreed to from the demands of the polytheists did not involve abandoning an obligation or committing a prohibited act, and some of it was a revelation that cannot be judged.
The story of Hudaybiyyah is, in fact, one of the greatest evidence of absolute submission to Allah and the demolition of unregulated "jurisprudence of interests." The first to be referred to in the context of building states is the "Constitution of Medina," which limited the reference to the Sharia.
First: The Spirit of Dignity and Preparedness for Sacrifice
We notice that our Messenger ﷺ placed in his mind and in the minds of his companions that they were ready to sacrifice their lives for the sake of Allah the Almighty. When Budayl bin Warqa Al-Khuzai came to inform the Prophet ﷺ that Quraysh had decided to prevent and fight him, the Prophet ﷺ said with a spirit of dignity: "We have not come to fight anyone, but we have come as pilgrims. If Quraysh has been exhausted by war and harmed, if they wish, I will extend the truce period and they will leave me to deal with the people. If they refuse, by the One in Whose Hand is my soul, I will fight them for this matter of mine until my neck is cut off (i.e., I am killed), and Allah will fulfill His command."
This is the spirit of strength from which the companions ignited the flame of preparedness for sacrifice. We say to those who use Hudaybiyyah as evidence: Your evidence would be valid if the Prophet ﷺ, when he learned of the gathering of the enemies, had said to his companions in fear: "We fear civil war, we want stability." Then the morale of the Muslims would collapse. Oh, those who use Hudaybiyyah as evidence, we wish we heard from you: "I will defend the Sharia until my neck is cut off." Then people would follow you, and your enemies would fear you.
Second: Not Surrendering the Blood of Muslims
The Prophet ﷺ was ready to engage in conflict if there was an attack on a single individual. When it was rumored that Quraysh had killed Uthman bin Affan may God be pleased with him, the Prophet ﷺ made a pledge with the companions to die (and in another narration: not to flee).
How can one use the Treaty of Hudaybiyyah to justify the actions of those who see Muslims being killed and besieged in the fields and mosques, then call for calm in the name of "elections"? Shame on the elections and referendums for which you abandon the Muslims, then use the Treaty of Hudaybiyyah as evidence!
Third: Exalting the Sanctities of Allah is the Basis of Negotiation
The Prophet ﷺ did not consider the necessity of agreement at the expense of constants in his calculations, but he said: "By the One in Whose Hand is my soul, if they ask me for a plan in which they exalt the sanctities of Allah the Almighty, I will give it to them." Therefore, understanding should be based on exalting the sanctities of Allah, otherwise, there is no welcome for agreement that makes "sovereignty to the people" instead of Allah.
What the Prophet ﷺ agreed to was not abandoning an obligation:
- In Your Name, O Allah: When they refused to write "In the Name of Allah, the Most Merciful," he wrote "In Your Name, O Allah." Did Allah obligate a specific formula in correspondence? If the Prophet ﷺ had accepted the formula "In the Name of the Majority" or "In the Name of Al-Lat and Al-Uzza," your evidence would be valid, but he wrote a name from the names of Allah. How can one use this as evidence for a constitution that says "Judgments are issued in the name of the people"?
- Muhammad bin Abdullah: When they refused to write "Messenger of Allah," he ordered the writing of "Muhammad bin Abdullah." This is not an acknowledgment of the denial of prophethood, but rather a mention of his noble lineage, and it was not a legal obligation to write the title in the peace document.
- Postponing the Umrah: The Prophet ﷺ agreed to return and perform the Umrah the following year. Did Allah obligate the Umrah in that specific year? No, and they performed the Umrah the following year in dignity and strength.
Fifth: The Condition of Returning the Believers (A Revelation That Cannot Be Judged)
Suhayl bin Amr stipulated that anyone who came from Quraysh as a Muslim should be returned by the Prophet ﷺ to them. This condition was a special revelation, as evidenced by the Prophet ﷺ saying to Umar: "I am the Messenger of Allah and I do not disobey Him, and He is my supporter."
Scholars such as Ibn Hazm and others have stated that this action is specific to the Prophet ﷺ because he knew by revelation that Allah would provide an exit for these oppressed people. This is a matter of the unseen that no one else knows, so it is not permissible for a Muslim after him to stipulate this condition or fulfill it because he does not guarantee the unseen for Muslims fleeing with their religion.
Sixth: Hudaybiyyah is Evidence of the Demolition of the Alleged "Jurisprudence of Interests"
The story of Hudaybiyyah is, in fact, evidence for us, not for those who use it as evidence of concessions; it is one of the greatest evidence of the demolition of distorted and unregulated jurisprudence of interests, which stops the texts for what human desires consider an interest. Hudaybiyyah is one of the greatest evidence of absolute submission to the command of Allah the Almighty, even if the minds see harm in it, confident that Allah the Almighty will make the consequence of obedience good.
This is indicated by the narration of Al-Bukhari from Sahl bin Haneef may God be pleased with him that he said: "Blame your opinion, for I saw myself on the day of Abu Jandal, and if I could have gone against the command of the Messenger of Allah, I would have. But Allah and His Messenger know best." "Blame your opinion" means do not trust your minds and your assessments of interests and harms; for if I had obeyed my mind, I would have gone against the command of the Messenger of Allah on the day of Abu Jandal, but it became clear to me that Allah and His Messenger know best where the interest lies.
The apparent interest was in defending Abu Jandal, especially since the Muslims were in a position of strength ready to fight to the death, but Allah showed with this matter that what the Muslims thought was harm in leaving Abu Jandal was indeed the interest, as what Quraysh stipulated for their dignity became the cause of their humiliation and exhaustion until they submitted, and what the Muslims thought was a cause of humiliation became a cause of dignity in reality.
Seventh: Legislative Reference and Revelation
If the Prophet ﷺ had done what he did out of consideration for intellectual interest, he would have explained that to his companions, but he said: "I do not disobey Him," and this is a command from Allah the Almighty. Then notice that the Prophet ﷺ did not justify to his companions leaving Abu Jandal with an intellectual justification, but they had to submit and comply. Allah the Almighty wanted to test their faith, submission, and obedience to His command, even if it contradicted their minds and customs.
Therefore, you see that Allah the Almighty delayed the revelation of Surah Al-Fath - in which He explained that what happened was a clear victory - until after their obedience to the command of the Messenger, shaving their heads, sacrificing the animals, and leaving Abu Jandal, so that submission and compliance would come first, then comes reassurance from Allah the Almighty. What is required is faith, not intellectual discussion.
Eighth: Nullifying Conditions by the Command of Allah (The Story of the Migrants)
The command of Allah remained the legislative reference for the Muslims before, during, and after writing the peace document. This is indicated by the fact that Umm Kulthum bint Aquba may God be pleased with her came to the Prophet ﷺ fleeing from Mecca as a migrant, and the conditions of the peace required her return, but her brothers came demanding her return. However, Allah the Almighty revealed verses that exempt women: {So if you know them to be believers, do not return them to the disbelievers}.
Thus, this verse nullified one of the conditions of the written peace, and the Prophet ﷺ did not care about this condition because Allah nullified it, and the Prophet ﷺ has no choice but to obey his Lord the Almighty, even if it displeased the polytheists.
Ninth: The Constitution of Medina is the Constitutional Model
It would have been better for you, those who use evidence, to refer to the "Constitution of Medina," which the Messenger of Allah ﷺ made with the people of Medina at the beginning of the establishment of the state. The situation at the time of writing this document was more difficult than your situation today; there were Jews and polytheists in Medina who had influence, and around Medina there were lurking enemies.
This document is like a constitution, and in it is the clear and decisive text: "And whatever happens between the people of this document of a dispute that is feared to cause corruption, it is referred to Allah the Almighty and to Muhammad the Messenger of Allah ﷺ." Therefore, the absolute reference is the Sharia.
Conclusion: A Call to Scholars of Compromise
In conclusion, we say to the scholars of compromise: Shame on you, and fear Allah. It is neither appropriate nor acceptable for you to seek excuses for your compromises in the biography of the master of all of Adam's progeny, the symbol of nobility, courage, honor, and steadfastness, the Messenger of Allah Muhammad (peace be upon him).
There is no "muddy water" in the biography to fish in, for the biography of the Prophet (peace be upon him) is all purity, clarity, sanctity, and loyalty. Perhaps you will find your desires elsewhere, for those who have compromised before you are many and their fates are known. As for the biography of Muhammad (peace be upon him), fear Allah and keep it far from your arguments to justify what you do.
We ask Allah, the Almighty, to return the Muslims to His religion in a beautiful return. Peace be upon you and the mercy of Allah.