This is an extract from the book Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya by Sheikh Muhammad Khayr Haykal, chapter ‘The Mu’aahadaat (treaties) and Al-Amaan (the security)’
The Messenger of Allah ﷺ said,
وَذِمَّةُ الْمُسْلِمِينَ وَاحِدَةٌ يَسْعَى بِهَا أَدْنَاهُمْ فَمَنْ أَخْفَرَ مُسْلِمًا فَعَلَيْهِ لَعْنَةُ اللَّهِ وَالْمَلاَئِكَةِ وَالنَّاسِ أَجْمَعِينَ لاَ يُقْبَلُ مِنْهُ يَوْمَ الْقِيَامَةِ عَدْلٌ وَلاَ صَرْفٌ
“The protection granted by Muslims is one and must be respected by the humblest of them. And he who broke the covenant made by a Muslim, there is a curse of Allah, of his angels, and of the whole people upon him, and neither an obligatory act nor a supererogatory act would be accepted from him as recompense on the Day of Resurrection.”[1]
Concerning this Hadeeth, the following came stated in Fath ul-Baari: “The Dhimmah of the Muslims is one: It means: Their Amaan (security) is Saheeh (valid). Therefore, if one of them provides Amaan (security) to a Kaafir (disbeliever) it is Haraam upon anyone else to infringe upon him.”[2]
Based upon this, when Umm Haani’[3] may Allah be pleased with her, provided security (amaan) to two mushrikeen (polytheists) from the relatives of her husband, on the day of the Conquest of Makkah, the Prophet ﷺ permitted her amaan which prevented her brother ‘Ali Ibn Abi Taalib from attacking them. Ali intended on attacking them because these two men had not been from those covered by the general amnesty which the Prophet ﷺ had granted to the mushrikeen of Makkah, which had encompassed all the people except a small group of individuals[4] who he ﷺ had named.
These two men had not abided by the conditions of this general amnesty, which was to remain inside their houses or in the Masjid. They were from those who had taken up arms and fought on that day.
Concerning this incident Umm Haani’ said, ‘I went to Allah’s Messenger ﷺ on the day of the conquest of Makkah and found that he was taking a bath, whilst his daughter Fatima was screening him. I said salaam to him and he ﷺ asked: “Who is that?” I said: “It is I, Umm Haani’ bint Abi Taalib.” He said: “Welcome, O Umm Hani.” When he had finished his bath, he stood up and offered eight raka’at while dressed in one garment. When he turned back I said to him: “O Allah’s Messenger! My brother Ali has declared that he will kill a man to whom I have granted security. The man is so and-so bin Hubairah.” Allah’s Messenger ﷺ said: “O Umm Haani’! We will grant asylum to the one whom you have granted asylum.” Umm Haani’ said: That (visit) took place at the time of Duhaa (forenoon).’[5]
The following was stated in the Seerah of ibn Hishaam: ‘That Umm Haani’ the daughter of Abi Taalib said: When the Messenger of Allah ﷺ reached the top part of Makkah, two men from the relatives of my husband, from Bani Makhzoom, fled, and she had been staying at the place of Hubairah bin Abi Wahb Al-Makhzoomi. She said: Ali (i.e. ‘Ali Ibn Abi Taalib), my brother, entered and said: “By Allah, I will kill them both”, and so I closed the door of my house upon them both. I then went to the Messenger of Allah ﷺ whilst he was at the upper part of Makkah …’[6]
The following came mentioned in Fath ul-Baari: “Abu l-‘Abbas Bin Suraij and others said: They were Ja’dah bin Hubairah and another man from Bani Makhzoom. They were amongst those whom Khaalid bin Al-Waleed fought, and who had not accepted to receive the amaan (which had been offered). So Umm Haani’ provided them with sanctuary or protection, and they were from her husband’s relatives.”[7]
Based on the preceding discussion, the granting of amaan (security) to a Kaafir (disbeliever) from the people of war (Ahl ul-Harb) places him under security, and consequently it is not permissible for the Muslims to aggress against him in any way or in respect to any matter.
In order to safeguard or maintain the right of the provision of amaan from any harm that may befall the Muslims as result of it, the Fuqahaa’ (scholars) have stipulated, that for it to be considered valid, the one who is being granted the amaan be free of any accusation, and that the amaan which is granted, be free of any mafsadah (corrupting or harmful element)[8].[9]
This hadith “The protection granted by Muslims is one and must be respected by the humblest of them,” shows the rights an ordinary Muslim has within an Islamic State, even though they might not be from the ruling class or a powerful tribe. The ruler, his ministers and commanders must all abide by this protection (amaan), unless there is some mafsadah (corrupting or harmful element) in it.
It’s also important to note that the word الْمُسْلِمِينَ (Muslims) is ‘aam (general) and applies to both men and women. Women in Islam play a vital role within the Islamic society, and the amaan they offer is equal to that of a man. This was also enacted by the Rightly Guided Caliphs when Umar ibn al-Khattab famously said, “A woman is right and a man is wrong i.e. himself,”[10] when he was strongly accounted by a Muslim woman for attempting to fix the rate of the mahr (marriage dowry).
Lastly, this incident highlights the high Islamic values the Muslims adhered to during the conquests. Dr As-Sallabi mentions, “For twenty years or so, the people of Makkah, especially its leaders, caused nothing but hardships for the Prophet. They persecuted him while he was in Makkah, and they waged war against him after he ﷺ migrated to Al-Madeenah.
On the Day of the Makkah Conquest, the Prophet had with him ten-thousand soldiers; with a simple command from the Prophet those soldiers could have, without much difficulty, killed all of Makkah’ s men, seized all of their property, and taken all of their women as captives. It was that simple, but something profoundly different happened: he forgave them all (except for a few of them).
While the people of the Quraish were gathered near the Ka’bah, awaiting judgment regarding what should be done with them, the Messenger of Allah ﷺ said, “What do you think I will do with you?” They said, “You will do well by us, for you are a noble and generous brother, and a noble and generous nephew.” He said, “No reproach upon you this day; may Allah forgive you.”
What, therefore, was the punishment of the Quraish? Nothing. Their lives were spared; their property and homes remained in their possession; no tax was imposed upon them. In short, they were not treated like the inhabitants of other conquered cities.”[11]
The early Islamic conquests have always perplexed western historians. How was it possible for the desert Arabs, who were viewed by the Persian and Byzantine empires as insignificant, and posing no threat to them, to rise up and within a few years destroy their longstanding empires? Many factors led to this astonishing achievement but central to it was the Muslim armies adhering to the rule of law at the height of war.
Notes
[1] Agreed Upon, Narrated by Ali ibn Abi Talib, Sahih Muslim 1370a https://sunnah.com/muslim:1370a ; Sahih al-Bukhari 6755 https://sunnah.com/bukhari:6755
[2] Fath ul-Baari: 4/86
[3] Prophet Muhammad’s ﷺ cousin
[4] due to the severity of their crimes against Islam and the Muslims
[5] Sahih Muslim 336f https://sunnah.com/muslim:336f ; Sahih al-Bukhari 357 https://sunnah.com/bukhari:357
[6] Seerah Ibn Hishaam: “Ar-Rawd ul-Unuf”: 4/93
[7] “Fat’h ul-Baariy”: 1/470. Also refer to “At-Ta’leeq As-Sabeeh ‘Alaa Mishkaat ilMasaabeeh”, Muhammad Idrees Al-Kandahlawiy: 4/285-286
[8] i.e. you cannot harbour enemy spies
[9] Muhammad Khayr Haykal, Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya, chapter ‘The Mu’aahadaat (treaties) and Al-Amaan (the security)’
[10] Tafseer Ibn Katheer, 2/213. It is attributed to az-Zubayr ibn Bakkar but there are breaks in the chain of transmission. It was also narrated by Abu Hatim in his Musnad and by al-Bayhaqi in as-Sunan, where he says that it is musral jayid.
[11] Dr. Ali Muhammad Al-Sallabi, ‘The Noble Life of the Prophet Muhammad ﷺ,’ p.1709
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