Hudna (truce with non-Muslims)

A hudna is an agreement to stop fighting the people of war for a period, made by the imam or his deputy when he sees benefit for the Muslims. ^{1 2}

The Hanafis call it a settlement to cease fighting for money or without it; the Hanbalis define it as a contract by the imam or his deputy to cease fighting non-Muslims for a known period matching need. ^{1 2} It differs from aman, the temporary lifting of the licence to kill a belligerent and take his property, and from the dhimma contract, since hudna is a temporary safe-conduct and dhimma a permanent one. ²

The Qur'an, in Surat al-Tawba and Surat al-Anfal 61, supports it; the Prophet made a truce with Quraysh at Hudaybiyya for ten years; and the community agrees it is permitted in general, and may be obligatory in necessity. ³

Most jurists hold that the imam or his deputy must conclude it, that it must serve the Muslims, and that it must have a fixed term; the Hanafis allow an open term. ^{3 4 5 6} A condition to return Muslim women to the unbelievers is void; the return of Muslim men when they have a protecting tribe is disputed, and most jurists allow it under conditions. ^{7 8 9 10} A condition to pay money to the enemy is forbidden except in necessity, as when the Muslims are surrounded and must ransom themselves. ^{11 12}

Most jurists hold that the contract is binding, and neither the contracting imam nor his successors may annul it except by hostile acts; the Hanafis hold the imam may renounce it when he sees harm. ^{13 14 15} Once valid, those under truce are safe in person, property and family, and the imam must protect them from Muslim and dhimmi harm, though not from other enemies. ^{15 16}

The truce is voided by open breach of the peace, by covert treachery, by failure of courtesy, and, according to most jurists, by insult to God, the Qur'an or the Prophet; the Hanafis count such insult only when openly declared. ^{17 18 19 20} When the truce is broken, the other side must be notified and brought to safety; if only some break it, only those who broke it are released from the pact. ^{20 21}