Rules of International Public Law in the Treaty of Hudaybiah an Analytic Study in light of Islamic Legal Politics

Abstract

This study aims at identifying the rules of international law included in the Treaty of Hudaybiyyah, and how the Prophet (PBUH) has established important rules governing international relations in times of peace and war. The historical the analytical approaches are adopted in this study. The research adheres to the events and narrations of the Treaty available in Sihah books (the Six Canonical Books of Hadith). The study does not transcend to narrations in other Sunan, Seerah, Maghazi, history and Tafsir books unless that serves the research topic. Such narrations are analyzed to deduce the international legal rules in the light of the Islamic political rules.

  The study concludes that the Treaty has included many important rules of the international law, such as the fulfilment of international treaties and conventions, the settlement of international disputes by peaceful means, and the maintenance of international peace and security. These rules form the cornerstone of the rules of the international law in its modern form. The international law is based on noble human values ​​that seeks to defuse armed conflicts between nations and peoples of the world, stop the bloodshed, maintain international peace and security, and ensure the fulfilment of the obligations of treaty parties. Islam has, in fact, taken the lead in establishing such rules as the basis of international relations. The Treaty of Hudaybiyyah is a great evidence of that. It has taken place at a time when international relations have been based on the law of survival for the fittest. That is, the strong country has the right to survive and impose its policies on the weaker country. Not just that, it can invade the weaker country, seize its capabilities, and humiliate its people.