Negotiations in Islam

NEGOTIATIONS IN ISLAM

(In Comparison with Islamic & Secular Nations)

Author: Shahid Hassan

Secular Perspective:

Negotiation in a secular context focuses on dialogue and compromise, driven by rational discussion instead of religious beliefs. It promotes cooperation, inclusivity, and ethical considerations, aiming for conflict resolution and practical outcomes. This approach helps diverse groups manage differences and work toward shared goals.

Negotiations Techniques Used in Secularism:

Negotiation techniques in secularism prioritize active listening, interest-based strategies, collaboration, compromise, and open communication. Here are some typical techniques employed by secular nations in international negotiations.

1. Separation Of Religion and State:

Secular nations keep religion out of political negotiations, concentrating on mutual interests and shared values.

2. Principled Negotiation:

They aim for mutually beneficial solutions based on fair principles rather than religious doctrines.

3. Active Listening:

Secular nations attentively listen to understand the perspectives and concerns of the other party.

4. Flexibility And Adaptability:

They are open to creative solutions and compromises.

5. Building Trust and Rapport:

Secular nations invest time in developing strong relationships and trust with their counterparts.

6. Objective Criteria:

They use data, experts, and international law to support their positions.

7. Creative Options:

Secular nations explore innovative solutions and trade-offs to reach mutually beneficial agreements.

8. Respectful Communication:

They maintain a respectful tone, avoiding inflammatory language or religious rhetoric.

9. Seeking Common Ground:

Secular nations focus on shared interests and values to find areas of agreement.

10. Collaborative Problem-Solving:

They work together to address shared challenges and find joint solutions.

Negotiations Techniques Used in Secularism:

Individual Negotiation:

In secular nations, individual negotiation involves rational discussions on personal matters like contracts or disputes. It focuses on legal rights, ethical behavior, and cultural sensitivity, often including formal agreements and conflict resolution mechanisms, promoting effective and constructive outcomes.

Business / Commercial Negotiation:

Business negotiations in secular nations focus on rational, ethical, and culturally sensitive discussions, typically concerning transactions or agreements. Guided by a strong legal framework, they emphasize shared interests, formal agreements, conflict resolution, and collaboration, fostering effective business relationships free from religious or ideological influences.

Accord Negotiations:

Accord negotiations in secular nations involve creating formal agreements to address shared interests or resolve disputes. Key elements include structured frameworks, mutual interests, rational decisions, transparency, stakeholder involvement, conflict resolution, ethics, cultural sensitivity, formal documentation, and ongoing evaluation, ensuring effective and collaborative outcomes.

Treaty:

In secular nations, treaty negotiations involve formal processes to create legally binding agreements on issues like trade, defense, and human rights. Key aspects include legal frameworks, rational decision-making, stakeholder engagement, transparency, conflict resolution, ethical standards, formal ratification, and continuous monitoring, ensuring effective global cooperation.

Examples of Secular Negotiations:

Here are some examples of successful negotiations in secular states:

Us-Iran Nuclear Deal (2015):

The Joint Comprehensive Plan of Action (JCPOA) was negotiated between Iran and a coalition of world powers, including the US, UK, France, China, and Russia. This deal limited Iran’s nuclear program in exchange for relief from economic sanctions.

Israel-Jordan Peace Treaty (1994):

Israel and Jordan negotiated a peace treaty, resolving long-standing conflicts and establishing diplomatic relations.

Northern Ireland Good Friday Agreement (1998):

The UK, Ireland, and Northern Irish political parties reached an agreement ending decades of sectarian violence and establishing a power-sharing government.

Canada-Us Softwood Lumber Dispute (2006):

Canada and the US negotiated an agreement resolving a trade dispute over softwood lumber exports.

Australia-East Timor Maritime Boundary Treaty (2018):

Australia and East Timor negotiated a treaty establishing a permanent maritime boundary, resolving a long-standing dispute.

France-Germany European Union Reforms (2019):

France and Germany negotiated reforms to strengthen the European Union, including a joint proposal for a European budget.

India-Pakistan Kartarpur Corridor Agreement (2019):

India and Pakistan reached an agreement allowing Sikh pilgrims to visit a holy site in Pakistan without a visa.

Norway-Russia Barents Sea Delimitation Treaty (2010):

Norway and Russia negotiated a treaty establishing a maritime boundary in the Barents Sea.

These examples illustrate how secular states can successfully negotiate agreements, resolve conflicts and promoting cooperation on various issues.

Islamic Perspective:

Concept of Negotiations in Islam:

In Islam, negotiation is a key practice for conflict resolution, agreement-making, and fostering community harmony, guided by ethical and moral principles. It emphasizes mutual respect, justice, consultation, patience, honest communication, and divine guidance. The Quran advises on these practices, as explained by Ibn Kathir, emphasizing the importance of effective & ethical dialogue.

Allah says in Quran: (Surah An-Nahl 16:125)

(O Glorious Messenger!) Invite towards the path of your Lord with wisdom and refined exhortation and (also) argue with them in a most decent manner.
(Surah An-Nahl 16:125)

Allah (SAW) advises the Prophet (PBUH) to engage in dialogue with politeness and well-reasoned arguments. Similarly, Moses and Haroon (peace be upon them) were instructed to speak gently and persuasively when addressing Pharaoh (فِرْعَوْن).

Go, both of you, to Pharaoh; surely, he has transgressed all bounds in rebellion. So, talk to him politely. He (Pharaoh) may perhaps accept admonition or fear (My wrath).
(Surah Taha 20: 43-44)

Negotiation Term in Quran & Sunnah:

In Islam, negotiation is guided by the principle of “Sulh,” which means reconciliation. Derived from the Qur’an and Sunnah, “Sulh” implies goodness, harmony, and practical resolution. It encompasses negotiation, conciliation, mediation, and peaceful dispute resolution, aiming to foster peace, righteousness, and unity.

Allah says in Quran: (Surah An-Nisa 4:114)

There is no good in most of their secret consultations except (the counsel) of the person who enjoins charity or piety or peace-making amongst people. And whoever does this, seeking Allah’s pleasure, we shall soon bless him with a mighty reward.
(Surah An-Nisa 4:114)

Allah says in Quran: (Surah Anfal – 8:61)

And if they (the combatants) incline towards peace(Sulh), you should also incline towards it, and trust in Allah. Indeed, He is the All-Hearing, the All-Knowing.
(Surah Anfal – 8:61)

Prophet Muhammad (ﷺ) said: (Tirmizi – 1352):

Reconciliation is allowed among the Muslims, except for reconciliation that makes the lawful unlawful, or the unlawful lawful. And the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful.
(Tirmizi – 1352)

Prophet Muhammad (ﷺ) said: (Tirmizi – 2509):

Shall I not tell you of what is better in degree than extra fasting, prayer, and charity?” They said, “Of course!” The Prophet said, “Reconciliation between people. Verily, corrupted relations between people is the razor.
(Tirmizi – 2509)

Prophet Muhammad (ﷺ) said: (Al Mu’jam al Kabir – 8904):

Abdullah ibn Mas’ud, may Allah be pleased with him, said, “No two men who have entered Islam boycott each other but that one of them has left it until he returns. His return to Islam is going to him and greeting him with peace”.
(Al Mu’jam al Kabir – 8904)

In Islam, most private discussions or secret consultations hold little value unless they are intended to encourage charity, promote righteousness, or foster peace among people. When such efforts are made sincerely, with the intention of seeking God’s pleasure, they are rewarded greatly. In situations of conflict, if any party shows a desire for peace, it is encouraged to respond positively and place trust in God. Reconciliation among Muslims is encouraged, provided it does not involve altering what is clearly defined as lawful or unlawful in religious teachings. While Muslims are expected to honor the agreements and conditions they set among themselves, this obligation does not apply to terms that attempt to change the boundaries of what is religiously permissible or forbidden.

Prophet Muhammad (ﷺ) said: (Shu’ab al-Imān 10333)

The son of Adam does not act with anything better than prayer, reconciliation between people, and good character.
(Shu’ab al-Imān 10333)

Reconciliation means restoring trust, repairing fractured relationships, and rebuilding mutual respect. It involves open and honest communication, compassion, and a consistent commitment from all parties involved. It’s not merely about forgetting the past, but about working collaboratively to shape a more positive and unified future. In a world where religious, ethnic, and racial divisions continue to fuel conflict and misunderstanding, the call for reconciliation is urgent. Mere tolerance is no longer enough. There must be deliberate efforts to heal divisions, encourage understanding, and create inclusive societies where everyone is treated with dignity and respect.

Ultimately, forgiveness initiates the process of healing, but reconciliation brings it to fulfillment—both are crucial in addressing the divisions that challenge our world today.

Legitimany & Types of Negotiations in Islam:

Individual / Family Level Negotiation:

These negotiation processes take place within a family or among its members, involving discussions and agreements on various family-related matters, decisions, and issues. Unlike business or formal negotiations, family negotiations are informal and typically aim to maintain harmony and balance within the family unit.

Allah says in Quran: (Surah An-Nisa 4:114)

Negotiation within families or between individuals is essential for sustaining strong relationships and handling conflicts in a positive way. Whether it involves spouses, parents and children, or other family members, good negotiation encourages mutual respect, understanding, and collaboration.

In Islam, effective negotiation requires listening attentively, communicating clearly, and being open to compromise. It’s important that all parties feel acknowledged and respected, with the emphasis placed on achieving a fair solution that works for everyone rather than simply trying to “win.” Emotional awareness; such as managing one’s reactions and showing empathy; is vital for maintaining a respectful and constructive tone.

Family-related negotiations often touch on sensitive topics like financial matters, division of responsibilities, childcare decisions, or caring for aging relatives. These conversations should be approached with patience, honesty, and empathy. Letting go of ego, accepting differing viewpoints, and focusing on common goals like harmony and well-being can help achieve meaningful results.

There is a Hadith on Negotications in Musnad Ahmad:

A man asked the Messenger of Allah (PBUH) “What act of charity is best?” The Prophet said, “One given to an estranged relative.”

Similar approaches apply in one-on-one situations, like addressing issues with friends or setting personal boundaries. Clear communication, mutual respect, and emotional self-regulation are key to preventing conflict and strengthening trust.

In the end, negotiation in personal settings is not about asserting dominance—it’s about building understanding, deepening relationships, and promoting peace through thoughtful and respectful dialogue.

Social Level Negotiation:

And if two groups of believers fight each other, then make peace between them. But if one of them transgresses against the other, then fight against the transgressing group until they ˹are willing to˺ submit to the rule of Allah. If they do so, then make peace between both ˹groups˺ in all fairness and act justly. Surely Allah loves those who uphold justice.
(Surah Hujurat 49:9)

Prophet Muhammad (ﷺ) said: (Abu Dawood – 4919)‏:

Do you want me to tell you of what is better than the rank of fasting, prayer and charity?” The Companions said, “Yes, O Messenger of Allah. He said, “Making peace between people among whom there is discord, for the evil of discord is the shaver.
(Abu Dawood – 4919)‏

Islam promotes open dialogue and the peaceful settlement of disputes across all levels of society; be it within communities, tribes, or the broader social structure. Instead of allowing disagreements to grow into hostility, Islam stresses the importance of reaching solutions through mutual understanding and agreement. The Prophet Muhammad (peace be upon him) often served as a mediator, highlighting the value of compassion, fairness, and compromise in settling disagreements. Social negotiations in Islam serve to uphold societal harmony, ensure justice, and address conflicts in an ethical manner. They embody the core Islamic principles of mercy, balance, and striving for the collective well-being.

Political Level Negotiation:

Islam promotes dialogue, consultation (shūrā), and peaceful conflict resolution as fundamental principles in both domestic governance and international relations. The goal of political negotiations in Islam is to achieve justice, uphold peace, and enhance societal well-being, all while adhering to the ethical and moral guidelines found in the Qur’an and Sunnah. Prophet Muhammad (peace be upon him) exemplified political negotiation through his leadership and various treaties, most notably the Treaty of Hudaybiyyah. This treaty highlighted the importance of patience, strategic compromise, and a forward-looking approach to securing peace, even when immediate conditions appeared unfavorable. Islamic political dealings focus on justice, trustworthiness, and honoring commitments. Muslims are obligated to respect treaties and agreements, and violating them without legitimate reason is seen as a grave moral wrongdoing. Islam allows for reconciliation and diplomatic accords with non-Muslims if they promote peace and do not undermine essential Islamic values. Nonetheless, negotiations must never legitimize what is clearly forbidden (ḥarām) or compromise fundamental beliefs.

Allah says in Quran: (Surah Tawbah 9:4)

As for the polytheists who have honored every term of their treaty with you and have not supported an enemy against you, honor your treaty with them until the end of its term. Surely Allah loves those who are mindful of Him.
(Surah Tawbah 9:4)

The Quran emphasizes the importance of honoring treaties and agreements, a key principle in political negotiations. Maintaining the integrity of these agreements is crucial for building trust between the negotiating parties.

Allah says in Quran: (Surah Tawbah 9:9)

As long as they are true to you, be true to them.

Discussion / Consultation (Shurah):

Discussion and consultation (shūrā) hold great importance in Islamic negotiations. Islam advocates for open and honest communication as a way to achieve just and equitable decisions. Through consultation, everyone involved can share their opinions, exchange knowledge, and consider various viewpoints, which leads to fair and well-informed results. The Qur’an and Sunnah highlight shūrā as a fundamental principle in leadership and resolving disputes, emphasizing collective decision-making over individual choices. Consultation helps reduce misunderstandings, fosters trust, and enables solutions that preserve justice and unity. The Prophet Muhammad (peace be upon him) regularly engaged in consultation with his companions, providing a clear example for leaders and negotiators to include others thoughtfully and respectfully in the decision-making process. In essence, discussion and consultation encourage transparency, collaboration, and mutual respect, all of which are vital for effective and ethical negotiations in Islam.

Allah says in Quran: (Surah Ash-Shura – 26:38)

And those who submit to the command of their Lord and establish prayer; and their decisions are made through mutual consultations; and they spend in Our way out of the provision which We have given them.
(Surah Ash-Shura – 26:38)

Seeking advice can help solve personal and societal issues, much like the bright result when opposite charges meet. The Holy Quran emphasizes the value of consultation, guiding the Prophet Muhammad (SAW) to engage in discussions for effective problem-solving.

Allah says in Quran: (Surah Al-Imran: 3:159)

and consult them in (important) matters. But once you make up your mind, then place your trust in Allah. Surely, Allah loves those who trust Him.
(Surah Al-Imran: 3:159)

Prophet Muhammad (ﷺ) said: (Musnad Aḥmad – 15455):

Allow people to barter amongst themselves, but if one of your brothers seeks advice, then let him offer advice.

Islamic Principles for Negotiations:

Honesty:

Honesty is a core virtue in Islam, essential in all aspects of life, including trade, education, and personal relationships. Muslims are commanded to uphold honesty in words and actions, reflecting truthfulness and reliability. The Quran encourages believers to be truthful and associate with those who practice honesty.

Allah says in Quran: (Surah Maidah: 5:119)

Allah will say, ‘This day truthfulness shall benefit the truthful. For them there will be gardens with streams running in them, to remain in them forever. Allah is pleased with them and they are pleased with Him. That is the great success.
(Surah Maidah: 5:119)

Honesty is regarded as a core moral quality that influences a Muslim’s character and behavior. The Qur’an consistently urges believers to practice honesty and warns against lying, cheating, and dishonesty. The Prophet Muhammad (peace be upon him) highlighted honesty as a fundamental aspect of faith, noting that those who are truthful are beloved by Allah and are guided toward righteousness and success. Honesty helps build trust, strengthen bonds, and promote justice within the community. Additionally, it is viewed as a path to spiritual cleanliness and earning Allah’s favor, making it essential for maintaining personal integrity and fostering social harmony in Islam.

Prophet Muhammad (ﷺ) said: (Bukhari – 6094)

You must be truthful. Verily, truthfulness leads to righteousness and righteousness leads to Paradise. A man continues to be truthful and encourages honesty until he is recorded with Allah as truthful. And beware of falsehood. Verily, falsehood leads to wickedness and wickedness leads to the Hellfire. A man continues tell lies and encourages falsehood until he is recorded with Allah as a liar.
(Bukhari – 6094)

Fairness:

Fairness serves as a fundamental ethical principle guiding all aspects of life. Islam teaches that justice and impartiality are essential, whether in personal conduct, social interactions, or legal matters. The Qur’an repeatedly commands believers to act with fairness, even if it goes against one’s own interests or those of close relatives. Treating others equitably and upholding their rights without discrimination is seen as a reflection of true faith and righteousness. The Prophet Muhammad (peace be upon him) exemplified fairness in his dealings, emphasizing that justice should be maintained regardless of status, wealth, or background. In Islam, fairness ensures harmony, trust, and respect within society, fostering peace and preventing oppression or injustice. It is considered a divine mandate to be just in all dealings, making fairness a cornerstone of ethical behavior and social responsibility

Allah Says in Quran: (Surah Araaf – 7:26)

‘My Lord has enjoined justice.
(Surah Araaf – 7:26)

Allah Says in Quran: (Surah Hadid – 57:25)

Verily, we sent Our Messengers with clear signs, and We sent down with them the Book and the balance of justice so that people might grow firm and stable in justice.
(Surah Hadid – 57:25)

Islam emphasizes fair & justice in both speech and actions, requiring truthfulness even in difficult situations, including with oneself, family, and both friends and foes. The Prophet (peace be upon him) also highlighted the importance of fair treatment of children.

Prophet Muhammad (ﷺ) said: (Bukhari – 2587)

I heard An-Nu`man bin Bashir on the pulpit saying, “My father gave me a gift but `Amra bint Rawaha (my mother) said that she would not agree to it unless he made Allah’s Messenger (ﷺ) as a witness to it. So, my father went to Allah’s Messenger (ﷺ) and said, ‘I have given a gift to my son from `Amra bint Rawaha, but she ordered me to make you as a witness to it, O Allah’s Messenger (ﷺ)!’ Allah’s Messenger (ﷺ) asked, ‘Have you given (the like of it) to everyone of your sons?’ He replied in the negative. Allah’s Messenger (ﷺ) said, ‘Be afraid of Allah, and be just to your children.’ My father then returned and took back his gift.”
(Bukhari – 2587)

Examples of Negotiations in Islam:

Half Ul Fadool (حلف الفضول):

Prolonged conflicts caused immense suffering among Arab families, prompting a peace movement after the Fujjaar war. Leading Quraysh tribes, including Banu Hashim, Banu Zuhrah, and Banu Asad, met at Abdullah Bin Jud’aan’s house. Zubayr, Prophet Muhammad’s (PBUH) uncle, initiated the gathering of Meccan leaders to establish lasting peace. Together, the Quraysh chiefs formed a pact based on the principle of “live and let live,” pledging to:

End violence in their lands, Protect travelers, Aid those in need, Support the oppressed, and ensure that no oppressor would reside in Mecca. Prophet Muhammad (PBUH) took part in this treaty and deeply valued it. Even after becoming a prophet, he expressed how highly he regarded the agreement, saying, “Even if I were offered red camels, nothing would be as precious to me as this treaty.” He affirmed his commitment, stating, “Today, under Islam, if an oppressed person calls upon me, invoking the family of the treaty of excellence, I am ready to help.”

Half Ul Fadool (حلف الفضول):

End violence in their lands,
Protect travelers,
Aid those in need,
Support the oppressed,
and ensure that no oppressor would reside in Mecca.
Prophet Muhammad (PBUH) took part in this treaty and deeply valued it. Even after becoming a prophet, he expressed how highly he regarded the agreement, saying, “Even if I were offered red camels, nothing would be as precious to me as this treaty.” He affirmed his commitment, stating, “Today, under Islam, if an oppressed person calls upon me, invoking the family of the treaty of excellence, I am ready to help.”

Dispute Over The Black Stone (حجر اسود):

Hajar Aswad is a stone of Paradise which was given as a gift to Hazrat Ibrahim (peace be upon him).

Prophet Muhammad (ﷺ) said: (Tirmidhi – 961)

The Messenger of Allah said about the (Black) Stone: “By Allah! Allah will raise it on the Day of Resurrection with two eyes by which it sees and a tongue that it speaks with, testifying to whoever touched it in truth.”
(Tirmidhi – 961)

Recurrent floods led to safety improvements and reconstruction of the Kaaba. A dispute arose among tribes over who would place the Black Stone. To prevent conflict, it was decided that the next person entering would resolve the issue. Prophet Muhammad (SAW) entered, mediated by having all tribes lift the stone together, and then placed it himself, ensuring unity and avoiding war.

Prophet Muhammad’s Treaty with Jews:

The Medina Agreement, ratified by Muslims, non-Muslim Arabs, and Jews, is preserved by historians as the first written constitution by Prophet Muhammad (SAW) in 622 AD. It established unity among Meccan emigrants (Quraysh) and Medina residents (Yathrib), promoting a unified community.

Key terms included:

Unity and cooperation among Muslims and Jews, sharing military expenses and mutual protection. Equal rights for compliant Jews, with loyalty emphasized. Disputes referred to Allah and the Prophet, ensuring justice. No betrayal, and offenders would face opposition. Medina gained autonomy, forming a city-state with structured social and legal systems.

The Peace Treaty Of Hudaybiyya:

Muhammad (SAW) and Mecca’s authorities signed a treaty recognizing the political and religious standing of the Muslim community in Medina. Although Muhammad (SAW) initially intended to perform the ʿumrah, the Meccans blocked entry. A truce was negotiated at Al-Ḥudaybiyah, where Muslims and Meccans agreed on a ten-year ceasefire, allowing peace and safety. Muslims postponed their ʿumrah, planning to return the following year for a three-day stay with limited arms. Repatriation was agreed upon only for those migrating from Mecca to Medina, while tribes could choose their allegiance.

Summary:

In Islam, negotiation is deeply rooted in the ethical teachings of the Qur’an and Sunnah. It is not merely a strategy for reaching agreements, but a moral practice that upholds values such as justice, honesty, trust, mutual respect, and the peaceful resolution of disputes. The purpose is to maintain social harmony and ensure that the rights of all parties are protected. Core Islamic principles like truthfulness (ṣidq), trustworthiness (amānah), fairness (‘adl), and non-harm (lā ḍarar) shape the framework of Islamic negotiation.

Islam encourages consultation (shūrā) and reconciliation (ṣulḥ) in all areas—whether in family matters, commerce, or political affairs. The Prophet Muhammad ﷺ demonstrated these values through his conduct, including landmark events like the Treaty of Ḥudaybiyyah, which reflected fairness, patience, and strategic foresight. Importantly, in Islam, the intention (niyyah) behind negotiation is essential—it must be sincere and not aimed at manipulation or injustice.

In contrast, secular approaches to negotiation are generally driven by pragmatism and interest-based models. These systems focus on achieving the most favorable outcomes, often with limited attention to ethical or spiritual dimensions. Negotiation tactics are influenced by utilitarian goals, power relations, or economic interests, with success usually measured by tangible results rather than moral considerations. While principles like fairness or collaboration may be promoted, they are not always necessary, and ethical flexibility is often considered acceptable depending on the situation.

Therefore, while both Islamic and secular traditions value negotiation as a tool for resolving conflict, Islam binds it to divine accountability and moral discipline. Secular frameworks, on the other hand, typically emphasize efficiency, strategy, and result-oriented thinking. What distinguishes the Islamic model is that ethical conduct is never separate from negotiation—it remains at its heart, ensuring justice, mercy, and long-term harmony.

Shahid Hassan (MPhil, PhD Student)

Written By: