Constitutional Rules Included in Treaty of Hudaybiyyah in Light of the Rules of Islamic Legal Politics of and Internal Common Law: An Analytical Study: Constitutional Rules Included in Treaty of Hudaybiyyah in Light of the Rules of Islamic Legal Politics of and Internal Common Law: An Analytical Study

Abstract

This study aimed at exhibiting the constitutional rules included in the Treaty of Hudaybiyyah. It also investigated whether these rules are fundamental constitutional rules, or just items in the section of rights and freedom. The historical and the analytical approaches were adopted in this study. The historical approach is used to track the narrations introduced in Sihah books (the Six Canonical Books of Hadith), Tafsir books, Seerah, history, and Maghazi. The research also used the analytical approach to study and analyze these narrations from their original sources. It is also used to interpret such narrations and deduce their inclusion of the rules in the light of the rules of Islamic legal politics and internal common law. The study concluded that the Treaty included many important constitutional rules, namely the principle of legitimacy, the principle of shura, and the majority opinion taking, as well as freedom of belief, freedom of expression, and women’s political rights. All those have been high Islamic values that represent the solid and strong foundation of building the Muslim State in the time of the Prophet and what followed. At that time, non-Muslim societies were being burdened by domination, isolation and tyranny, and the ruler’s word was the one to be heard and obeyed and the law to be enforced. Non-Muslim people reached the adoption of those rules after a long struggle and that adoption remained unstable in their societies. In the case of the Islamic administration, however, it has become clear and its borders have been defined, with the emergence of the Muslim state in the time of the Prophet in explicitly correct texts. Therefore, it is quite clear that the Muslim State is the product of Islamic Law and its creation.