The Formation and Observance of International Treaties: A Research and Analytical Study in Light of the Seerah

عالمی معاہدات کی تشکیل اور پاسداری: سیرتِ طیبہ ﷺ کی روشنی میں ایک تحقیقی و تجزیاتی مطالعہ

Abstract

The formation of treaties between nations at the global level, the determination of their terms, and particularly their observance, remain fundamental challenges within the contemporary international order, where agreements are often built on purely interest-based foundations and consequently break down quickly. The research problem addressed in this study is: what principles and foundations for the formation and observance of treaties are present in the Seerah of the Prophet ﷺ that can provide a basis for a stable, just, and durable international system? The objectives of this study include analyzing the major treaties concluded during the Prophet's ﷺ Madinan period particularly the Charter/Constitution of Madinah, the Treaty of Hudaybiyyah, and the letters sent to non-Muslim rulers — in order to identify the underlying principles at work in them (justice, fulfillment of covenants, mutual respect, and minority rights). The research methodology is descriptive-analytical, drawing on works of Seerah, juristic sources (particularly the classical tradition of Kitab al-Siyar, i.e., Islamic international law), and a comparative reading against principles of modern international law. The anticipated findings will demonstrate that the Prophetic approach to treaty-making aligns with  and in several respects goes beyond modern international treaty law, particularly regarding the principle of pacta sunt servanda (fulfillment of agreements). The scholarly contribution of this research lies in presenting the Seerah of the Prophet ﷺ not merely as a historical or religious subject, but as an applicable model within the contemporary field of international relations.