The Baqt treaty under Islamic law

Abstract EN

The primary focus of this study is al-Baqt treaty that concluded with Nubia in the year 656/31, and governed relations between Islamic Egypt and Nubia for more than 600 years.

This study aims to highlight its potential jurisprudential implications, as a legitimate precedent, which would allow, whenever common interest is involved, regulating the relation Islamic State upon it.

It revealed, in particular, the flexibility of Islamic jurisprudence in the field of international relations.

The study has used historical and analytical descriptive approach to trace and analyse the legal juristic aspects of this treaty under Islamic Law.

The main findings of the study has revealed that the Baqt Treaty confirms that the three alternatives (Islam, Jizya, fight) is not an absolute compulsory edict in all conditions.

Further, The Baqt Treaty demonstrates that soft force is not less powerful than military force in achieving the interests of the Islamic state.

Moreover, this treaty confirms that the Islamic Law, in international relations, distinguishes between countries that guarantee freedom of faith without restrictions and those who violate it and oppress their citizens.

Finally, this study revealed that Islamic jurisprudence contributed to the reduction in human trafficking.