The precept of fear from enemy`s treachery in cease - fire (mohadana) with the comparative jurisprudence approach and its possibility of expanding

Fulfillment of an commitment and contracts is one of the vital principles in the Islamic jurisprudence. The question is that if there is fear about the treachery of an obligor in the contracts, can an obligee conceal them? The famous Shiite and Sunni scholars state that in the conditions of cease-fire which means a temporary compromise between the Islamic government and the infidels, with regard to verse 58 of anfal chapter, the Islamic governor can conceal the convention based on a pre- announcement when the unbelievers` treachery was frighten. But according to the chosen theory of this research, based on the existing stipulations in the mentioned holy verse, there is no permission of terminating the treaty; so when an Islamic state is frighten by the treachery of the enemy, it will throw the treaty against them, and pretend to conceal the convention which frighten them and also compel them undertake a permanent commitment or make them appear the practical break of their treaty. If the enemy knows this precept and Muslims` practice, the use of this enterprise will prevent the opposite party to terminate treaty without any knowledge and certainty and give an opportunity to them to secure the convention. In the end, the possibility of expanding the chosen theory to the all contracts and treaties of an Islamic state has been reviewed.