Al-Tabari on the Unanimous Consensus of Muslim Jurists on Honoring Peace Treaties and Pledges of Security

Ibn Jareer At-Tabari writes in his Book of Jihad:

Muslim Jurists agreed unanimously that the Messenger of Allah made peace with the polytheists of the Quraysh…

Al-Awza’i said: If Muslims conclude a peace treaty with the enemy people in which they agree to pay
Muslims a designated amount [of money] every year so that Muslims will not enter their country, there is no harm in concluding such a treaty with them. The Messenger of Allah concluded a peace treaty with the polytheists on the day of Hudaybiya without paying to him a tribute (or tax). And the Messenger of Allah said:

سَتُصَالِحُونَ الرُّومَ صُلْحًا آمِنًا

The Romans will make with you a secure peace.

[Sunan Abu Dawud, Book 14, Number 2767, Sahih]

Thus, the Messenger of Allah did not find fault with peace agreements.

Muslim Jurists agreed unanimously that if a Muslim army commander or any free Muslim soldier gives a pledge of security to disbelievers residing in a fortress, then such a pledge should be honored by the whole army…

Malik was asked about the gesture of safety, “Is it considered a pledge of security?” He replied, “Yes, and I think that the army should be informed in advance that they should not put to death anyone to whom they have made a gesture of safety because the gesture, in our opinion, is the same as an utterance.”

Ibn Wahb said: Malik was also asked about the case of enemy men descending from a fortress and asking for a pledge of security, saying, ‘Safety! Safety!’” He said: Do you not think that if a man came to the Muslims asking to be transferred to a safe place it would be obligatory to take him to his safe destination? As Allah said:

ثُمَّ أَبْلِغْهُ مَأْمَنَهُ

Then escort him to where he can be secure

[Surah At-Tawba 9:6]

Therefore, I think that the demand for safety should be accepted from them, and if it is not accepted, he should be escorted to his secure destination.

Al-Awza’i said: Giving a pledge of security by a slave, a freeman, or a woman is permissible.

At-Thawri said: If a woman grants one of the enemy a pledge of security, it is valid.

Ash-Shafi’ee said: The pledge of security given by any Muslim of age is valid whether he is a free man or a slave, a man or a woman.

Abu Hanifa and his companions said: If the enemy is in a city, a fortress, or in an army and then a Muslim man grants one of them a pledge of security, telling him, “You are secure,” then the secured person goes out to the Muslims, they should not put him to death nor hurt him, but they should invite him to Islam, and if he accepts and embraces Islam, then he has all the rights of Muslims and assumes their obligations. But if he refuses to become a Muslim, they should suggest to him that he may want to be a dhimmi (protected citizen of the Islamic state) and pay the poll-tax. If he accepts he should be left secure, living in the territory of the Muslims, paying the poll-tax with other non-Muslim subjects of the Islamic state. But if he refuses to be a dhimmi, he should be returned to his secure destination.

[Al-Tabarī, ., & Ibrahim, Y. S. (2007).  Al-Tabari's Book of jihad: A translation from the original Arabic. Lewiston, N.Y: Edwin Mellen Press. p. 77, 97-101]