Fiqh al Maʾālāt and Contemporary State Decision Making in the Light of the Treaty of Hudaybiyyah: A Juristic and Applied Study

Abstract

The Treaty of Hudaybiyyah is a significant episode in the Prophetic biography, demonstrating how a settlement that appeared difficult in the short term could create wider opportunities for peace, communication, and the consolidation of the Muslim community. This article examines the treaty through the framework of fiqh al maʾālāt the juristic consideration of the anticipated consequences of actions and decisions. It seeks to identify the relevant principles from the Qur’an, Prophetic traditions, and classical legal theory, while distinguishing between legitimate prospective reasoning and retrospective interpretations based on outcomes known only later. The study adopts an analytical and inductive approach to explore the treaty’s implications for contemporary state policy, peace agreements, and conflict resolution. It argues that anticipated consequences may inform juristic preference and public policy where they are assessed through credible evidence, proportional consideration of benefits and harms, and conformity with the objectives and constraints of Islamic law. However, the principle does not authorize the violation of clear legal obligations or the disregard of justice and rights merely in the name of public interest. The article proposes a disciplined framework for evaluating state decisions that integrates immediate circumstances, foreseeable long-term effects, legal and ethical limits, and mechanisms for review.

Keywords: Treaty of Hudaybiyyah, fiqh al maʾālāt, maqāṣid al sharīʿah, state decision making, peace agreements, Islamic legal theory.