The Role of Treaties in Islamic and Modern International Law:

A Comparative Analysis

Nehaluddin Ahmad

Arman bin Asmad

Danish Iqbal Ariffin

 

Abstract: This article aims to offer a comparative understanding of Islamic law of treaties with respect to modern treaty law and practice. It presents a theoretical and historical comparison of classical jurists’ viewpoints on treaties, emphasising their enduring significance in today’s society. The treaty of Hudaybiyyahh, which was signed between Muslims and non-Muslims, is often referenced in Islamic law as a starting point to discuss the concept of treaties. This treaty has had a significant impact in protecting the Muslim community from potential dangers to their religion and possessions. This article compares the features of treaties in Islamic law and international law and illustrates the interconnections between the two legal frameworks concerning treaties. The comparative analysis indicates that international law of treaties is in conformity with Islamic law. Deducing from the Islamic jurists’ views on law of treaties, if a treaty does not harm or cause damage to the interests of the Muslim community, and does not contradict Islamic teachings, Islamic law allows a Muslim state or its representatives to negotiate and enter into a treaty and fulfil its commitments.