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DRAFT P E A C E
T R E A T Y
FOR DISCUSSION AND DEBATE ONLY

 

 

A. THE PARTIES
1. The signatories hereto are authorized to bind the parties they represent and all
persons under their authority are bound by the terms and the undertakings given
in terms of this agreement.
B. THE BASIS FOR THIS AGREEMENT
2. Each of the parties bears witness that there in none worthy of Worship besides
Allah, and Muhammad, (peace be upon him) is His messenger
3. To the extent necessary , all signatories hereto repent from all acts that cause the
displeasure of Allah, the mighty and sovereign, and are guided in this regard by
the following ayaat:
Oh my servants who brought harm on their own souls, do not despair of Allah’s
mercy, for surely he forgives all sins.Truly, he is the forgiving, the compassionate
Turn to your Lord, repentant, and submit to him, before the doom comes upon
you, when you shall not be helped, and follow the best of what is revealed to you
from your Lord…..”(As Zumar, verses 53-54)
4. This is an agreement governing relations between the parties all of whom
(including those who follow them) are Believers. They form one nation -- Ummah.
5. The parties have concluded this agreement in order to fulfill the obligations that
arise from the following Verses of the Holy Quran which forms the basis of their
agreement:
"And if two parties or groups among the believers start fighting make peace
between them both, but if one of them rebels the other, fight the oppressor till
they return to the . The Command of Allah; then if it complies, then set matters
right between them equitably and be just. Surely Allah; loves those who are just".

 

"The believers are but brothers, so make settlement between your brothers. And
fear Allah that you may receive mercy."

 

C. DURATION OF THIS AGREEMENT
6. This agreement shall remain in force and be binding on each of the parties and
their members for a period of two years
7. By no later than 6 months prior to the end of the two year period, the parties shall
commence renegotiating the terms of this agreement. Should a new agreement
not be concluded before the the expiry of the two year period, the terms of this
agreement shall continue to apply and will remain binding until superseded by the
conclusion of another agreement
D UNDERTAKINGS
8.The parties and their members agree to abide by the following undertakings.
8.1. The Believers, who fear Allah, will oppose the rebellious elements and
those that encourage injustice or sin, or enmity or corruption among
Believers.
8.2. If anyone is guilty of any such act all the Believers will oppose him even if
he be the son of any one of them.
8.3. A Believer will not kill another Believer, for the sake of an un-Believer.
(i.e. even though the un-Believer is his close relative).
8.4. No Believer will help an un-Believer against a Believer.
8.5. Protection (when given) in the Name of Allah will be common. The
weakest among Believers may give protection (In the Name of Allah) and
it will be binding on all Believers.
8.6. Believers are all friends to each other to the exclusion of all others.
8.7.The peace of each of the parties to this agreement cannot be divided. (it
is either peace or war for all. It cannot be that one party is at war with an
UN- believer and another party is at peace).
8.8. No separate peace will be made by anyone of the parties when
Believers are fighting in the Path of Allah.
8.9. Conditions of peace and war and the accompanying ease or hardships
must be fair and equitable to all parties and believers alike.
8.10. The Believers must avenge the blood of one another when fighting in the
Path of Allah
8.11. Any one who kills another without warning (there being no just cause for
it) amounts to his slaying himself and his household, unless the killing
was done due to a wrong being done to him.
8.12. If anyone attacks anyone who is a party to this agreement the others
must come to his help.
8.13. The parties to this agreement must seek mutual advice and consultation.
Those who avoid mutual consultation do so because of lack of sincerity
and loyalty.
8.14. A party will not be made liable for misdeeds of its ally.
8.15. Anyone (any individual or party) who is wronged must be helped.
8.16. None of the parties to this agreement ( including their members or
persons falling under their authority ) shall proclaim takfeer or label any
other party to this agreement Munafiq ,Khawarij , while this agreement
remains in force,unless such declaration has been made by the dispute
council
8.17.Each territory under the control of each party will be a sanctuary for all
Believers .
8.18. A stranger (individual) who has been given protection (by any one party
to this agreement) in the area controlled by such party (“the territory”) ,will
be treated as his host (who has given him protection) and while (he is)

 

doing no harm ,is not committing any crime, and remains in the territory .
8.19. This agreement will not (be employed to) protect one who is unjust or
commits a crime (against other parties of the agreement).
8.20. Whether an individual goes out to fight (in accordance with the terms of
this agreement) or remains in his home, he will be safe unless he has
committed a crime or is a sinner. (i.e. No one will be punished in his
individual capacity for not having gone out to fight in accordance with the
terms of this agreement).
9. Any differences or disputes or alleged breaches of this agreement between the
parties or any party to this agreement shall be settled strictly in terms of this
agreement.
D. RESPECT FOR TERRITORIES UNDER THE CONTROL OF EACH PARTY
10. For the duration of this agreement each party shall respect the territory controlled
by any other party to this agreement provided that such territory is governed
according to the Sharia and no other law.
11. Adherence to the Quran and Sunnah shall constitute general principles of the
territorial law.
12. The parties to this agreement shall offer its citizens an area of freedom, security
and justice without internal frontiers, in which the free movement of all believers is
ensured.
13. Any territorial dispute between the parties shall be referred to the dispute council
who shall mediate the dispute.
E. UNBELIEVERS
14. Any non-believer or non-believing nation that is at war with any party to this
agreement and their allies will not be given protection by any party to this
agreement.
15. The parties to this agreement are bound to help each other in the event of an
attack on the territory under their respective control. If anyone attacks anyone who
is a party to this agreement the other must come to his help.
F. OBLIGATION TO PAY BLOOD MONEY
16. Each party shall ensure that it , its followers and citizens carry out the obligation to
pay blood money whenever blood money is required to be paid under the Sharia.
G.TREATMENT OF PRISONERS
17. A prisoner may be killed, ransomed or freed according to the principles of the
Sharia . The manner of treatment of prisoners by the Holy Prophet saw shall be a model to aspire to.The decision of the head of each party made in accordance with this
general principle will be accepted by all other parties
18. The parties commit themselves to the following principles: :
18.1. In case of war with anybody all parties  will redeem
their prisoners with kindness and justice according to practice among
Believers and not in accordance with pre-Islamic notions.
H. APPOINTMENT OF THE DISPUTE COUNCIL-
19. Each party to this agreement shall appoint 1 person to a council that is hereby
established and is known as the dispute council.
20. The dispute council shall :
20.1. Within 3 months of the conclusion of this agreement, and by consensus :
20.1.1. Appoint a panel of suitably qualified judges ,
20.1.2. Adopt rules for the removal of judges, the filling of vacancies
and the conduct of proceedings before the judges
20.1.3. Adopt rules governing dispute resolution
20.1.4. Adopt rules governing appeals to it in respect of decisions made
by a judge
20.1.5. Do all such things as may be necessary to achieve the object of
shariah compliant, fair and equitable dispute resolution
20.2. Promote economic, social and territorial cohesion, and solidarity amongst
the parties.
20.3. Monitor compliance with the terms of this agreement
20.4. Resolve disputes in terms of this agreement
20.5. Promote peace and harmony between the parties
20.6. Consult with all the parties to this agreement to establish and develop
20.6.1. a common monetary system
20.6.2. guiding principles regarding matters not covered by this
agreement
20.6.3. strategies to unify the parties under one leader
I. ESTABLISHMENT OF THE FUND
20 There is hereby established a fund to be known as the Treaty Fund,
which shall be utilized to enable the dispute council to fulfill its
obligations in terms of this agreement
21 Each party to this agreement shall contribute to the Treaty Fund ,
22 The dispute council shall, in a fair and equitable manner, determine
the amount to be contributed by each party to the Treaty Fund and
the dates of payment
J. DISPUTES
21. Any dispute that arises between any Party and another Party to this agreement
must be referred to the dispute council
22. The dispute council shall attempt to conciliate the dispute and if such attempt fails
to achieve a conciliation within 30 days (or such extended or shorter period as the
council may determine), of the referral of the dispute, it shall refer the dispute to a
judge or judges, appointed by it under clause 20 .
23. Subject to clause J 24 ,the parties agree that they are bound by the decisions of
the judge(s)
24. A decision of an arbitrator or arbitrators may be overruled by the unanimous
decision of the dispute council. GENERAL
25. The parties accept everything in this agreement and every judgment made
hereunder, which is for (bringing about) piety, unity and goodness.
26. This document will not (be employed to) protect one who is unjust or commits a
crime (against other parties of the Pact).
SIGNATORIES (Please indicate under the signature, you full name, the name of
organisation/ group represented, the capacity of signatory and date signed. The
signatory warrants that he is duly authorized. All signatures must be accompanied
by two witnesses who must sign next to the signatory plus the witnesses must
indicate their full names)
 SIGNATURE OF DULY AUTHORIZED REPRESENTATIVE
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