Role of the United Nations Theory UN:
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Internaional Conference on Social Poliics
HUDAIBIYAH TREATY AS A MODEL OF COMPLIANCE TO INTERNATIONAL AGREEMENT IN ISLAMIC PERSPECTIVE
Sidiq Ahmadi
Sidiqahmadi77gmail.com Department of International Relations
Muhammadiyah University of Yogyakarta
Abstract
This study aims to explain why the Prophet Muhammad comply to The Hudaybiya Treaty although in its articles are considered harmful. By answering the question above, it is expected to build a model
of compliance to international agreement in the Islamic perspective. Christian Reus-Smit’s intertistial conception of politics considered appropriate in this study because it provides space for the role of ideas
such as identity and norm in explaining a political action. This study found Prophet Muhammad comply to Treaty of Hudaibiyah because of political deliberation wich integrate four type or reason: idiographic,
purposive, ethical, and instrumental. Ideographic deliberation determine the formulation of interest purposive deliberation. The formulation of these interests will determine the action instrumental
deliberation in accordance with the available resources and external constrain faced, as well as appropriate with or not contrary to Islamic norms and universally applicable norms ethical deliberation.
Ideographicly, based on identities: as believers who should obey Allah and His Messenger, as a noble people who hold the promise. Purposively, the mission of Muslims is to preach the religion of monotheism
to all mankind, therefore the condition of peace and religious freedom must be realized. Ethically, the question of how should we act is answered by everything done must in concordance with Islamic rules
and customary law norms which emphasize the obligation to comply with the concluded agreements. Instrumentally, the chosen action wich in line with the formulated interest and in accordance with the
norms of Islam is comply to the peace treaty.
Keywords: Hudaibiyah Treaty , Compliance, International Agreements, Islam
INTRODUCTION
In Non-Western International Relations Theory: Perspectives on and Beyond Asia,
Acharya and Buzan 2010 stated that until now study of international relations is still
very poor with thet non-Western perspective, including Islam. In fact, more and more
scholars of international relations began to question the universality of the empiricism
and materialism of Western international relations theory approach. An effort to
examines various perspectives from outside the West is required in order to understand the
international phenomenon better, especially in the different spaces in the Islamic world such
as in the Middle East. Acharya and Buzan
questioned if there is a disjuncture between Western international relations theory IRT
and the universality of human experience, can one use the Islamic worldview, and by
extension the Islamic world, as the basis for generalizations that could provide alternative
optics for theorization? Although there are still many limitations,
using Islam as a source of theorising in the study of international relations is possible.
Tadjbakhsh offers what is practiced by the Prophet Muhammad as one of sources of
Islamic theoretical framework in International Relations: “A primary foundation for the
classical understanding of IR in Islam is based on the original sources of the Qur’an,
the Hadith Sayings of the Prophet, the Sunnah the conduct of the Prophet or ijtihad
interpretation, which could correspond to what Acharya and Buzan call classical ideas,
traditions and thinking contributing to ‘localist exceptionalism’ ” Tadjbakhsh, 2010: 176
While in terms of nature, Tadjbakhs 2010: 185 states that the Islamic theory of
International Relations is normative: “The nature of the Islamic theory on international
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relations is decisively normative,in the Aristotelian sense of sciences as not only
a relection on what is, but also on what should bewhat must be done. It is based
fundamentally not on empirical observations of behaviours between states and predictions
of what behaviour would be, but on how institutions relect the essence of an idea, a
norm, a morality.” Therefore, what is inferred from classical sources of Islamic theory of
International Relations is a major premise in a logis of deductive silogisma.
This research is an effort to use the classical sources of international relations
theory in the Islamic perspective i.e what is practiced by the Prophet Muhammad or
also known as the sunnah. This research will discuss about the political dimension of
international law of Hudaibiyah Treaty by focusing on the issue of compliance.
Hudaibiyah Treaty is a peace agreement made by the Prophet Muhammad
with the Quraysh of Mecca in March 628 AD Dzulqaidah, 6 H. This agreement is
considered as the most important event in the history of the struggle of the Prophet
Muhammad. Most historians sira nabawiyah mention the victory of the Muslims against the
Quraysh of Mecca does not occur in the event Fathu Makah, but it happens on occasion
Hudaibiyah Agreement when most friends judging clauses in it as weakness and defeat
for the Muslims Al Ghadban, 2008; Al Buthy,
2010; Al Muairi, 2010; An Nadwi, 2009. Many Islamic scholars mention this agreement as a
real victory with reference to the Quran Surah
Al Fath irst verse: “Verily, We have given you a real victory”. Ar Rifai, 2010: Qutb, 2004
In realm of Islamic international law, in addition to the verses of the Quran and Qiyas
or analogy, words and what is practiced in the life of the Prophet Muhammad is the source of
law Khadduri, 1956. Hudaibiyah agreement in this case become the main reference of the
scholars in formulating principles and law of international agreement in Islam. Hudaibiyah
agreement became a legitimate model of international agreements in Islam. This is
caused by several things: irst, this agreement is done directly by the Prophet Muhammad,
second these agreements produce a very strong precedent of international agreements
as an instrument to ight for Islam, and the third shows that victory can be obtained
just by keeping the agreement. This victory was even informed directly by God through
the revelation of the irst verses of surah Al
Fath. Based on the Hudaibiyah Agreement Islamic Scholars establishes an absolute
permissibility of peace treaty between Muslim with a non-Muslim country. Khadduri, 2006:
Bsoul, 2008
What interesting is the commitment of Prophet Muhammad and the Muslims to the
signed agreement, despite the clauses in the agreement are considered very harmful.
The rejection to the agreement even verbally indicated by the Muslim leaders of the caliber
of Umar bin Khattab. However, at the end of the Muslims can accept the Prophet’s
decision accepting the agreement and comply with all clauses including those considered
to be very harmful. Therefore, this study will focus on answering the question of why the
Prophet Muhammad and the Muslims remain committed and faithful to the Hudaibiyah Treaty
although its clauses considered harmful. By examining this question, it is expected to
get a model of compliance to international agreements in islamic perspective
CONCEPTUAL FRAMEWORK
In this study the author used a constructivist’s perspective about the
politics international law and the concept of compliance.