The Need for an Additional Qualification

Examples of unrestricted or creative ijtihad are abundant in Islamic history. One notable example is the Treaty of Hudaybiyyah during the Madinan period. At the time of this treaty, the external conditions seemed entirely unfavourable for the Muslims, as the ten-year nonaggression pact was agreed upon unconditionally on the opponents’ terms. Accepting this treaty was extremely challenging for the Companions; so much so that Umar ibn al-Khattab referred to it as a humiliation (Sahih al-Bukhari, Hadith No. 3182). The true nature of this event can be understood from the Quranic verse: “God knew what you did not” (48:27). While the visible aspects appeared disadvantageous, hidden factors were at play. Guided by divine wisdom, the Prophet established this treaty based on these unseen realities. An external aspect of the Hudaybiyyah treaty was that it was conducted under the unilateral conditions set by the opponents of the Muslims. However, beneath this lay the deeper reality: the state of war had previously halted interactions between Muslims and others in a normal environment. A no-war pact would allow people from both sides to meet freely and engage in dialogue. This process would naturally lead to the virtues of Islam becoming evident, fulfilling the Quranic description: “people entering God’s religion in multitudes” (110:2). This is exactly what happened. At the time of the Hudaybiyyah treaty, the Muslim population numbered