2. THE COVENANT OF SECURITY
It was narrated that Abu Bakrah said:
The Messenger of Allah said: "Whoever kills a covenanter with no justification, Allah will forbid
Paradise to him and he will not even smell its fragrance." - Sunan an-Nasa’i 4748
3. • covenant
• noun [ C ]
• uk /ˈkʌv.ən.ənt/ us /ˈkʌv.ən.ənt/
• a formal agreement or promise between two or more people:
• The contract contained a restrictive covenant against building on the
land.
• Source: https://dictionary.cambridge.org/dictionary/english/covenant
4. Evidences from the Quran for fulfilling the
Covenant & not violating it:
• "O you who have believed, fulfill [all] contracts..." 5:1
• "...And fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be]
questioned." 17:34
• "...And the covenant of Allah fulfill. This has He instructed you that you may remember." 6:152
• "And if they seek help of you for the religion, then you must help, except against a people
between yourselves and whom is a treaty. And Allah is Seeing of what you do." 8:72
• "O Children of Israel, remember My favor which I have bestowed upon you and fulfill My covenant
[upon you] that I will fulfill your covenant [from Me], and be afraid of [only] Me." 2:40
5. Evidences from the Hadith for fulfilling the
Covenant & not violating it:
• Narrated Abu Hurayrah:
...The Messenger of Allah ()ﷺ said: "Muslims are on (i.e. stick to) their conditions.“- Sunan Abi Dawud 3594
• The Prophet ()ﷺ said, "Whoever has the following four (characteristics) will be a pure hypocrite and whoever
has one of the following four characteristics will have one characteristic of hypocrisy unless and until he
gives it up. Whenever he is entrusted, he betrays..."- Reference : Sahih al-Bukhari 34
• Narrated Abu Huraira:
The Prophet ()ﷺ said, "Allah said, 'I will be an opponent to three types of people on the Day of Resurrection:
One who makes a covenant in My Name, but_proves_treacherous..."
- Reference: Sahih al-Bukhari 2270
● Narrated Ibn 'Umar
The Prophet ()ﷺ said, “A banner will be hoisted for a treacherous man on the Day of Judgment, it will then be announced.
This is a treachery of so and so, son of so and so."
- Reference : Sahih Muslim 1735 c
6. Continued…
• It has been reported on the authority of Hudbaifa b. al-Yaman who said: "Nothing
prevented me from being present at! he Battle of Badr except this incident. I
came out with my father Husail (to participate in the Battle), but we were caught
by the disbelievers of Quraish. They said: (Do) you intend to go to Muhammad?
We said: We do not intend to go to him, but we wish to go (back) to Medina. So
they took from us a covenant in the name of God that we would turn back to
Medina and would not fight on the side of Muhammad (.)ﷺ So, we came to the
Messenger of Allah ()ﷺ and related the incident to him. He said: 'Both, of you
proceed (to Medina); we will fulfil the covenant made with them and seek God's
help against them.’”
- Reference : Sahih Muslim 1787
• And in the Musnad of Imam Ahmad (31/219 nr:18910) in the long Hadith about
the truce of Al-Hudaybiyah: the prophet salla Allahu alayhi wa sallam said: O Aba
Jandal, be patient and await the reward, because Allah will make a way out for
you and the oppressed people with you. We signed a truce with the people, we
gave them a word and they gave us their word and for sure we won't betray
them.
7. Evidences from the Prophet’s companions for
fulfilling the Covenant & not violating it:
• And in Sunan Abi Dawud 3/83 nr:2759 and Al-Tirmidhi 4/143 nr:1580
en Sahih Ibn Hibban nr:4871 and other hadith books is stated that:
Sulaym bin Amer said: there was a treaty between Muawiya and the
Romans and he was on his way to their lands to attack them as soon
as the treaty was over, then there was an old man who shouted:
Allahu Akbar Allahu Akbar no betrayal! It turned out that it was Amr
bin Absa, and I asked him what he meant, he replied: I heard the
prophet salla Allahu alayhi wa sallam say: (concerning people with
whom you have a treaty, you can’t break any condition of the treaty,
until the established period of the treaty is over or until they break
the treaty. Al-Tirmidhi said: this hadith is Hasan Saheeh.
8. Continued…
• Abu Ubayd Al-Qasim bin Salam said in his book Al-Amwal 1/212
nr:448: Yazid bin Harun said : “Muawiya didn't want to attack them
before the treaty was over, but he wanted that the treaty will end
while he is in their lands so he could attack them then. So Amr bin
Absa disapproved of this and he said that he can only enter their
lands if he would tell them before of his intentions to attack them.
Abu Ubayd said: “ and this is the same as what the prophet salla
Allahu alayhi wa sallam has done with all the people with whom he
had a treaty, of which the period has expired, he also gave them more
time and this is also what the book (quran) prescribes.”
9. Evidences from the Islamic Jurisprudence for
fulfilling the Covenant & not violating it:
• Imam al-Shafi’i, may Allah have mercy on him, said:
“If Muslims enter the territory of war on an assurance of security, the enemy
is safe from them until they leave or reach the term of their assurance, and
they may not wrong or betray them.
- Kitab al-Umm, The Receiver of al-Aman in Dar al-Harb, v. 4, p. 263
- And Al-Shafi’i said in Al-Umm 4/296: “if a combatant comes to the abode
of Al-Islam with a covenant security and dies, then the covenant is for him
and his possessions, and it is not allowed to take anything from it, and it is
an obligation for the leader to return his positions to his heirs wherever
they might be.”
10. Continued…
• And Al-Shafi’i said in Al-Umm 4/292: (The prisoner with whom a
contract is made): “ if a Muslim is taken as prisoner by pagans and
they forced him to give an oath that he will stay in their lands and
that he won't go away as condition for letting him free, then he can
still try to flee and leave their lands if he is able to because the oath
was taken under coercion. he doesn't do them wrong by going away,
and maybe it is not allowed to stay there if he can get away. But it
surely is not allowed to kill them and take their possessions,
because if they guaranteed him safety then he also guaranteed them
safety. And we don't know any difference of opinion on this.”
11. Continued…
• And Al-Shafi’i said in Al-Umm 4/284: if a Muslim enters dar al-harb
with a covenant of security. And he is able to take anything of their
possessions then it is not allowed to take anything from their
possessions, little or much, because if they promised him security
then they also have safety from him, and there is nothing allowed
from the positions during the period of this covenant because the
possessions can be protected for multiple reasons, The first case is if
the owner is Muslim and secondly if the owner has a contract of
dhimma (protected non-Muslim citizen of under Islamic rule) and
thirdly the possessions of the people who have a covenant for a
certain period of time and these ones are like the people of dhimma
concerning the protection of their possessions for that certain period
of time.
12. Continued…
• Abu Ubayd Al-Qasim bin Salam (Shafi’i) said in his book Al-Amwal
1/212 nr:448: Yazid bin Harun said : “Muawiya didn't want to attack
them before the treaty was over, but he wanted that the treaty will
end while he is in their lands so he could attack them then. So Amr
bin Absa disapproved of this and he said that he can only enter their
lands if he would tell them before of his intentions to attack them.
Abu Ubayd said: “and this is the same as what the prophet salla
Allahu alayhi wa sallam has done with all the people with whom he
had a treaty, of which the period has expired, he also gave them more
time and this is also what the book (quran) prescribes.”
13. How the covenant is made:
• And Ibn Abd Al-Barr (Maliki) said In Al-istidhkar 5/36:
"There is no difference of opinion between the scholars that I know of
concerning that when you guarantee safety to a combatant by uttering
whatever peaceful words, then you have made a covenant of security by
doing this. And most scholars say that hand signal is enough as a covenant
of security because it is understood just like spoken words.“
• In Al-istidhkar 5/35 of Ibn Abd Al-Barr (Maliki):
Imam Malik bin Anas was asked about a hand sign of safety is that the
same as spoken words? He replied: "yes, and I think that the armies should
be told that they can't kill anyone who they gave a hand sign to, because a
hand sign is the same as spoken words for me. And I have heard that
Abdullah Ibn Abbas said : nobody breaks a treaty with a people except
that Allah will set his enemies against him."
14. • Ibn Qudama (Hanbali) said in Al-Mughni 10/515: "whoever goes to
the land of the enemy with a covenant of security then he can't
betray them in their posessions. It is prohibited to betray them
because they gave him a covenant under the condition that he
doesn't betray them and that he gives them safety even if that is not
literally stated in the contract, it is common known. And that is why
when someone from them comes to us and he betrays us then he
breaks his contract by this. If this is established then it is not allowed
to betray them because betrayal is cheating and cheating is not
allowed in our religion. The prophet salla Allahu alayhi wa sallam said
: "the muslims keep their words" and if he betrays them or steals or
borrows anything from them then he has to return what he took."
15. What is NOT covered in the covenant:
• The Prophet ﷺ said: "Every stipulation which is not in the book of
Allah is void even if it be one hundred stipulations." [Muslim &
Bukhari]
• To respect non-Islamic law
• To assimilate or integrate
• To love the country you are in
• To die for the host country
16. Conclusion…
Islam doesn’t sanction terrorism because terrorists commit treachery
which is a major sin in Islam. Rather Islam goes as far as to prohibit
the treacherous from smelling the fragrance of Paradise. Covenants in
modern times include: any immigration papers such as visas,
passports, green cards etc… The terrorist violates this modern type of
covenant and so does the thief or murderer. I hope this presentation
has clarified why these reprehensible acts are completely un-Islamic.
17. Allah the Most High says:
Allah does not forbid you from those who do not fight you because of
religion and do not expel you from your homes - from being righteous
toward them and acting justly toward them. Indeed, Allah loves those
who act justly. – 60:8