Tafsir of Surah Al-Anfal - Verse 58

وَإِمَّا تَخَافَنَّ مِن قَوْمٍ

(If you fear from any people), with whom you have a treaty of peace,

خِيَانَةً

(treachery), and betrayal of peace treaties and agreements that you have conducted with them,

فَانبِذْ إِلَيْهِمْ

(then throw back (their covenant) to them), meaning their treaty of peace.

عَلَى سَوَآءٍ

(on equal terms), informing them that you are severing the treaty. This way, you will be on equal terms, in that, you and they will be aware that a state of war exists between you and that the bilateral peace treaty is null and void,

إِنَّ اللَّهَ لاَ يُحِبُّ الخَـئِنِينَ

(Certainly Allah likes not the treacherous. ) This even includes treachery against the disbelievers. Imam Ahmad recorded that Salim bin `Amir said, "Mu`awiyah was leading an army in Roman lands, at a time the bilateral peace treaty was valid. He wanted to go closer to their forces so that when the treaty of peace ended, he could invade them. An old man riding on his animal said, `Allahu Akbar (Allah is the Great), Allahu Akbar! Be honest and stay away from betrayal.' The Messenger of Allah ﷺ said,

«وَمَنْ كَانَ بَيْنَهُ وَبَيْنَ قَوْمٍ عَهْدٌ فَلَا يَحُلَّنَّ عُقْدَةً وَلَا يَشُدَّهَا حَتَّى يَنْقَضِي أَمَدُهَا، أَوْ يَنْبُذَ إِلَيْهِمْ عَلَى سَوَاء»

(Whoever has a treaty of peace with a people, then he should not untie any part of it or tie it harder until the treaty reaches its appointed term. Or, he should declare the treaty null and void so that they are both on equal terms.) When Mu`awiyah was informed of the Prophet's statement, he retreated. They found that man to be `Amr bin `Anbasah, may Allah be pleased with him." This Hadith was also collected by Abu Dawud At-Tayalisi, Abu Dawud, At-Tirmidhi, An-Nasa'i and Ibn Hibban in his Sahih. At-Tirmidhi said, "Hasan Sahih."

The Option to Cancel a Peace Treaty

In the fifth verse (58), the Holy Prophet has been told about an important article which forms part of the law of war and peace. Here, after placing due stress on the importance of complying with the terms of a treaty, an alternative has also been laid out to cover a situation in which there may arise a danger of breach of trust from the other party to the treaty any time during its legal tenure. Given this situation, it remains no more necessary that Muslims should continue to abide by their allegiance to the treaty. But, also not permissible for Muslims is the taking of any initiative (pre-emptive action of any kind) against the other party - before the treaty has been clearly terminated. In fact, the correct approach is to pick up a peaceful and convenient occasion and let them know that their ill intentions or treaty contraventions are no secrets to them, or their dealings appear to be dubious, for which reason, Muslims shall not consider them-selves bound by the treaty. Consequently, they too were free to take any action they wished to take. The words of the verse are:

وَإِمَّا تَخَافَنَّ مِن قَوْمٍ خِيَانَةً فَانبِذْ إِلَيْهِمْ عَلَىٰ سَوَاءٍ ۚ إِنَّ اللَّـهَ لَا يُحِبُّ الْخَائِنِينَ ﴿58﴾

And if you apprehend a breach from a people, then, throw (the treaty) towards them being right forward. Surely, Allah does not like those who breach trust - 58.

The sense of the verse is that taking any military initiative against a people with whom a peace treaty has been signed is included under breach of trust and Allah Ta` ala does not like those who are guilty of Khiyanah, that is, those who commit breach of trust - even if this Khiyanah were to cause loss to hostile disbelievers, something also impermissible. However, should there be the danger of a breach of trust from the other party, it is possible to go ahead and openly proclaim before them that Muslims shall not remain bound by the treaty in future. But, this proclamation has to be in a manner which makes Muslims and the other party likewise, on the same footing. It means that nothing should be done to create a situation in which preparations are made to confront the other party in advance of this proclamation and warning while they are caught unawares and remain unable to make counter preparations for their defence. In short, the message given is: Make whatever preparations have to be made, but do it only after the proclamation and warning.

This, then, is the justice of Islam - that the rights of its enemies who commit breach of trust are also guarded and that restrictions are placed on Muslims - not on their adversaries - that they should not make any aggressive preparations against them before having declared that they have nothing to do with the treaty anymore. (Mazhari and others)

Fulfillment of Trust Obligations: A Significant Episode

Based on a narration of Salim ibn ` Amir, it has been reported by Abu Dawud, Tirmidhi, Al-Nasa'i and Imam Ahmad ibn Hanbal (رح) that Sayyidna Mu` awiyah ؓ had a no-war pact with a group of people for a specified period of time. It occurred to Sayyidna Mu` awiyah ؓ that he should move his army and equipment close to those people so that his forces could pounce on the enemy immediately on the expiry of the period of their peace pact. But, exactly at the time when the army of Sayyidna Mu` awiyah ؓ was getting ready to march ahead in the desired direction, it was noticed that an aged person riding on a horse was shouting a slogan very loudly. He was saying: اللہُ اکبر اللہ اکبر وفَآءً لا غدراً (Allahu Akbar, Allahu Akbar - Allah is Great, Allah is Great - we should fulfill the pledge, we should not contravene it). He was saying that with the famous cry of Allahu Akbar (which increased the religious gravity of the matter). The Holy Prophet ﷺ has said: When a ceasefire agreement or a peace pact with a people comes into effect, it is necessary that no knot be opened or tied against their provisions. Sayyidna Mu` awiyah ؓ was informed about it. When he saw the herald of the saying, he recognized him. He was Sayyidna ` Amr ibn ` Anbasah ؓ ، a Sahabi. Sayyidna Mu` awiyah ؓ lost no time and ordered his army to march back so that he does not become one of those who had committed a breach of trust by initiating war action while being within the time frame of a no-war pact. (Ibn Kathir)

The Jews of Madinah had already become guilty by rejecting the prophethood of the Prophet Muhammad. The gravity of their guilt was further increased by their breaking of the pledge. After the emigration to Madinah, there had been a written agreement between the Prophet and the Jews of Madinah that both the sides would be neutral in matters relating to each other. But the Jews started conspiring against him, secretly joining hands and collaborating with his enemies. This was breach of trust in addition to the rejection of truth. Punishment awaits such people in the Hereafter. And in this world they will be discouraged from creating further mischief. If the Muslims have a treaty with a community, but they want to cancel it for fear of its being breached by that community, it is necessary that they should first inform those co-signatories, so that it is known in advance that the treaty no longer exists between them. The position is different when there is not merely the fear of a beach of trust but there has been a clear contravention of the treaty. In such a case it is permissable to start retaliatory action without informing the other party. The campaign of Makkah is an example of this type. The Quraysh had unilaterally contravened the Hudaibiyah treaty by joining the Banu Bakr’s aggression against an ally of the Prophet Muhammad, namely, the Banu Khuza‘a. So the Prophet quietly proceeded against the Quraysh without giving them advance information.