The Prophetic Constitution of Madinah by Dr Muhammad Al-Massari

In Sahih ul-Bukhari (2/803/2172), it was related from ‘Asim that he said:

“I said to Anas, may Allah be pleased with him: “Has it reached you that the Prophet (peace be upon him) said: “There is no Hilf (alliance) is Islam”?” He replied: “Verily, the Prophet (peace be upon him) made a Hilf (alliance/pact) between the Quraish and the Ansar in my house”.

This Hadith was also recorded by Al-Bukhari in his Sahih (6/2673/6909), in his Adab ul-Mufrad (1/200/569), Sahih Muslim (4/1960-1961/2529), Sahih Ibn Hibban (10/379/4520), Sunan Abu Dawud (3/129/2926), Musnad of Ahmad bin Hanbal (3/111/12110), (3/145/12494), (3/281/14018), (3/281/14018), 3/281/14019, Musnad of Al-Hamidiy (2/507/120), Al-Aahad Wa l-Mathaniy of Imam ‘Amr bin ‘Asim Ash-Shaibaniy (3/382/1792), Al-Baihaqi’s Sunan Al-Kubra (6/262/12301) and by Imam Abu Ya’la in his Musnad (7/90/4023), (7/90/4024) and (7/91/4028).

Anas bin Malik, may Allah be pleased with him, was alone in using the wording “Haalafa” i.e. to make a treaty/pact. Whilst, all others used the word “Aakhaa” i.e. to make brothers. It appears, that he used this wording “Haalafa”, instead of “Aakhaa”, to reinforce his lack of conviction concerning what the people were conveying from the Prophet (peace be upon him), in respect to him having said: “There is no Hilf (alliance making) in Islam”. That is as he observed that this “Mu’akhaah” (making of brothers) comprised, within it, all that the people use to make treaties upon in the pre-Islamic (Jaahiliyah) period when they made alliances or pacts. He was correct in respect to that, because this “Mu’akhaah” which the Prophet (peace be upon him) implemented, between his companions, was more comprehensive and deeper than the pact making of the pre-Islamic era. However, he was not correct to rely upon the utilization of that wording in response, in order to place doubt in the statement of “There is no Hilf in Islam” being attributable to the Prophet (peace be upon him). That is because this Nasikh (abrogator) came late following the glorious opening of Makkah and its complete wording was: “There is no Hilf (alliance) in Islam and any alliance made in the pre- Islamic period of ignorance (Jahiliyah), then Islam only increases it in strength”. And this Hadith has reached us by way of Tawatur (concurrent transmissions). This Hadith means by necessity: “Do not make a new Hilf in Islam after this day and any alliance that was made in the pre-Islamic period of Jahiliyah (ignorance) remains standing and in implementation. Islam only increases it in strength. In addition, by greater reasoning: Alliances or pacts (Tahaluf) which were made in islam, prior to this forbiddance, remain in place, apart from what the Prophet himself (peace be upon him) nullified.