Is a condition stipulating the return of defecting women valid under a current truce?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 3 · Bab 1

Open in Qurani

Primary text

A condition stipulating the return of women who seek asylum or convert is not valid today.

Supporting text

The condition regarding the return of defectors that the Prophet established during the Treaty of Hudaybiyyah was valid at that time, but it has subsequently been abrogated (naskh). Therefore, stipulating it now results in an invalid term, and it cannot be analogized to or treated as equivalent to the previously valid condition.