What are the invalid conditions stipulated in a peace treaty?
General Chapter
Al-Mughni
Book of Jihad
Primary text
Stipulations requiring the return of women, their dowries, or their weapons; giving the enemy any of the Muslims' weapons or instruments of war; paying a prohibited amount of wealth; granting either party the right to unilaterally dissolve the treaty at will; or stipulating the return of children or men when there is no urgent need are all invalid conditions. These conditions must not be honored.
Supporting text
The invalidity of returning women is established by divine command in the Quran, which states, 'When believing women come to you as emigrants, test them...' (Quran 60:10) until the verse, 'And do not return them to the disbelievers' (Quran 60:10). The Prophet, peace be upon him, also prohibited conditions concerning women. A woman differs from a man because she might be married to a disbeliever who permits himself what is unlawful regarding her, or she may be coerced due to her weaker resolve and knowledge, and generally lacks the ability to flee and escape compared to a man. Similarly, the return of intelligent minor boys who accept Islam is prohibited due to their weakness in intellect and inability to escape, equating them to women in this regard.