What are the valid conditions stipulated in a peace treaty (Hudna)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
Conditions stipulating payment of wealth, assistance to Muslims when needed, or the return of any man who seeks refuge as a Muslim or under guarantee are valid in a peace treaty. Adherence to these stipulations is obligatory. Evidence supporting the validity of returning a refugee man is derived from the action of the Prophet, peace be upon him, who stipulated and fulfilled the return of Abu Jandal and Abu Basir in the Treaty of Hudaybiyyah, without specifying that the returnee must have tribal protection. Furthermore, Imam is not obliged to forcibly return such a person if he seeks refuge again, as exemplified when Abu Basir returned and the Prophet, peace be upon him, did not reprimand him after Abu Basir killed one of the accompanying men and returned, saying Allah fulfilled the covenant. This led to the Muslims who had taken refuge establishing a separate encampment and attacking Meccan caravans, compelling Quraysh to request the Prophet, peace be upon him, to incorporate them into the pact, thus allowing Muslim refugees to remain separate and act against the enemy if necessary.
Supporting text
The Shafi'i school holds that stipulating the return of a Muslim is invalid unless that individual possesses a tribe capable of protecting him.