Question:
“The Noble Sheikh has explained that it is compulsory to concern about the current muslim condition and to recognize which of the infidels that must be fought and which of them mustn’t. I ask your excellence an example of the infidels that mustn’t be fought, how long the muslim should restrain their hands from them, and in what condition should we restrain ourselves?”
Answer:
“People who should not be fought are:
First: People of whom we are not able to fight against. Then, we should restrains ourselves from them.
Second: the infidels whom we are making pact to, and they ceased-fire with the muslims, then such people shouldn’t be fought, until the time of the cease-fire run out. As long as the treaty still valid and they are consistent to it, the muslims are not allowed to fight them. Allah the Mighty and High had declared,
كَيْفَ يَكُونُ لِلْمُشْرِكِينَ عَهْدٌ عِندَ اللهِ وَعِندَ رَسُولِهِ إِلاَّ الَّذِينَ عَاهَدتُّمْ عِندَ الْمَسْجِدِ الْحَرَامِ فَمَا اسْتَقَامُوا لَكُمْ فَاسْتَقِيمُوا لَهُمْ إِنَّ اللهَ يُحِبُّ الْمُتَّقِينَ
“How can there be a covenant with those who associate others with Allah in His Divinity be binding upon Allah and His Messenger, excepting those with whom you made a covenant near the Sacred Mosque? Behave in a straight manner with them so long as they behave with you in a straight manner for Allah loves the Godfearing.” (Qs.At-Taubah/The Repentance:7)
And His decree,
وَإِمَّا تَخَافَنَّ مِن قَوْمٍ خِيَانَةً فَانبِذْ إِلَيْهِمْ عَلَى سَوَآءٍ إِنَّ اللهَ لاَيُحِبُّ الْخَآئِنِينَ
“And if you fear treachery from any people (with whom you have a covenant) then publicly throw their covenant at them. Allah does not love the treacherous.” (Qs.Al-Anfal/The Spoils of War 58).
If your are willing to end the peace treaty between you and them, then you should tell them and announce it to them so that it’ll be evident for all. Thus, a treaty, or a promise, was not a light matter at all. Allah the Exalted decreed,
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْؤُولاً
“And fulfill the covenant, for you will be called to account regarding the covenant.” (Qs.Al-Isra’/ The Night Journey: 34).
The treaty or covenant should not be cancelled but for legal reason in shari’a, and it must be approved by the Imam and based on the imam’s order who had declared them the treaty. He, the Imam, is the one responsible over pact, and he should be the one authorized to cancel it according to legal reasons, And it is a part of Imam’s policy and task, and not the policy of all people.
Source: Complete Fatwas regarding terrorism, jihad, and accusing a muslim of being infidel.
Answered by: Sheikh al Fauzan -may Allah preserve Him.
Article of www.whatisquran.com