When I ponder deeply over the evidences in Al-Quran and the early history of Islam, it seems apparent that freedom for people is required before the implementation of Shari'ah. Consider the people of Quraish who refused to accept Islam despite the Prophet (SAW) having repeatedly called them to it. They then forced him and his fellow believers to migrate away from Mecca to Medina. After continued animosity and some notable battles through which the Quraish in collaboration with the other Arab tribes tried to destroy the community of believers in Medina, the believers continued to grow in strength. After about nine years since the Prophet (SAW) left Mecca, he (SAW) and the believers journeyed back to Mecca with the intention of performing the 'Umrah.
Imam Al-Bukhari gave a detailed account of the events that occurred in Hudaibiya, on the way to Mecca. Narrated Al-Miswar bin Makhrama and Marwan: (whose narrations support each other).
Allah's Apostle set out at the time of Al-Hudaibiya (treaty), ... The Prophet went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa' (i.e. the she-camel's name) has become stubborn! Al-Qaswa' has become stubborn!" The Prophet said, "Al-Qaswa' has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them."
"I left Kab bin Luai and 'Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milk camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Kaba." Allah's Apostle said, "We have not come to fight anyone, but to perform the 'Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious."
The above authentic (Sahih) hadith clearly states the stand of the Prophet (SAW); refrain from interfering between me and the people, putting a condition that the Quraish should not force the others to side with them in rejecting Islam and they should leave the other tribes free to make their own choices regarding religion. The Quraish had prevented the other tribes from the freedom to listen to the call for Islam since the early days when, even during the days of Haj, they tried to isolate the Prophet (SAW) away from these tribes. The Prophet (SAW) stipulated in the treaty of Al-Hudaibiya that the Quraish should not force other tribes to follow their (Quraish) religion but to grant them freedom to choose their own religion and to grant the Prophet (SAW) the freedom to offer his message of Islam to the other tribes.
The treaty of Al-Hudaibiya was a truce to create an environment of freedom in the Arabian peninsula, freedom for people to listen and hear from the Prophet (SAW) and the believers directly about Islam, freedom to then make their own choices, to believe or otherwise. If this freedom is denied; "But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious."
The chapter Al-Fath (The Victory or Opening) in the Quran was revealed regarding the truce of Al-Hudaibiya. It was described as clear victory. For more than 20 years there was no freedom for the Arabs to really know Islam. The Quraish and their allies worked hard against the propagation of Islam during that time. Al-Hudaibiya was a truce for 10 years allowing the Muslims free, mutual interaction with the Arabs. Within one year of the truce, the number of Muslim converts increased by more then ten fold. Yes, when there is freedom of discussion and choice, Islam will prosper. Freedom is an important foundation objective of islam.
