CURRENT developments concerning Gaza have taken a dismal turn after the disclosure of America’s intentions to occupy it after evicting and relocating the local inha­bitants. This revelation has exposed the helplessness of the Islamic world to effectively champion and resolve the Palestinian issue lingering for the past 75 years. This speaks volumes about the diminished political clout of the Islamic world when compared to the times when the Islamic world dictated its own terms in international relations.

A question that confronts us concerns the causes of the continuing political and intellectual decline of the ummah. Muslim int­e­llectuals have come up with the resp­onse that points to our estrangement from Isla­mic teachings and the remedy sugge­s­ted is to revive the Sunnah of the Prophet (PBUH). It accords with our beliefs that following the Sunnah is the best means of success in this world and the hereafter.

This article focuses on the Prophet as a lawgiver and statesman who, as an early practitioner of international law, ushered in a social, political and cultural revolution of far-reaching impact. In this context, we discuss the Sunnah of treaty-making, the consequences of its loss and need for its revival by Muslim countries. In this article, we derive the meaning of Sunnah from an ayah of the Holy Quran which describes the Prophet as the best “role model” for every Muslim (33:21). The Prophet entered into scores of treaties during his lifetime; treaty negotiation and treaty-making, therefore, is an “established practice” or Sunnah of the Prophet.

Some of the most prominent treaties executed by the Prophet as head of the city state of Madinah were the Constitution or Treaty of Madinah in 1AH, Treaty of Peace at Hudaybiah in 6AH and Treaty of Religious and Cultural Freedoms entered into with the Christians of Najran in 9AH. These treaties demonstrate early models of such principles of modern international treaty law as peaceful resolution of disputes, prohibition of the exercise of force, collective security, peaceful coexistence, tolerance, rule of law, religious freedoms, economic and trade rights, cultural rights, right to life, security and other human rights.

Treaty-making is an ‘established practice’ of the Prophet (PBUH).

The most prominent feature of global governance today is its heavy dependence on treaty-making for establishing and regulating international relations. Treaties have established key institutions like the United Nations, International Court of Justice, International Criminal Court, UN Security Council, UN General Assembly, and the World Trade Organisation. Thousands of treaties govern all aspects of international relations: trade, peace, human rights, environmental protection, climate change, counterterrorism, drug control, communications, aviation, etc.

However, where do we find the Islamic bloc in relation to this vast modern network of treaties and treaty-based organisations? Regrettably, we find that Muslim nations remain underrepresented and, at times, less influential in the lawmaking processes that shape the global order.

Some Muslim countries have substantial economic and institutional resources, yet these have not been fully leveraged to de­­velop robust centres of international legal studies and treaty negotiation expertise. In Pakistan, aside from perhaps one research society, no significant think tank offers comprehensive courses or training in international law and treaty negotiation. At the International Islamic Universities of Pakis­tan and Malaysia, though a Master’s degree in international law is offered, yet specialisation in treaty negotiation or interpretation is absent. A similar situation prevails in other centres of Isla­mic lear­ning and modern universities across Egypt, Türkiye and In­­­- donesia.

Unlike nat­i­o­­ns that invest heavily in dev­e­loping international law exp­ertise, Muslim-majority countries often lack the institutionalised training needed for effective engagement in the legal dimensions of global affairs. This dearth of strategic resources, specialised skills, and higher education in treaty-making has steadily weakened the Muslim world’s position, allowing others to overshadow it.

To remedy the situation, Muslim governments should establish centres of excellence, special institutions, and dedicated programmes to produce skilled human resources in treaty negotiation, drafting, and related areas. Muslim states must prioritise expertise in international law by investing in education and training and nurturing skilful negotiators and legal scholars who can articulate and safeguard their interests on global forums.

Rediscovering the Prophetic legacy of treaty-making can enable the Muslim world to play a more prominent and constructive role in shaping the global legal order — much as the Holy Prophet did in his time.

The writer is ex-federal law minister & advocate Supreme Court.

Published in Dawn, March 14th, 2025