Islamic law stipulates that “if Muslims are weak, a truce may be made for ten years if necessary, for the Prophet (Allah bless him and give him peace) made a truce with the Quraysh for that long, as is related by Abu Dawud” (‘Umdat as-Salik, o9.16).
Note that this can only be done if “Muslims are weak.” The same legal manual also quotes this verse of the Qur’an: “So do not be fainthearted and call for peace, when it is you who are the uppermost” (47:35). So Hamas would not want a truce at all if it believed that it was in a position of strength. “Interests that justify making a truce are such things as Muslim weakness because of lack of numbers or materiel, or the hope of an enemy becoming Muslim…” (‘Umdat as-Salik, o9.16).
The bottom line: Hamas is feeling the heat and wants a truce in order to regroup and emerge in a stronger position. But Western analysts do not know or care about what Islamic law says, and so Hamas feels free to issue demands even from its position of weakness, aware of how much pressure Israel is under from the Biden regime and others who desperately want it to allow Hamas to live and kill Israeli civilians on another day.
“Hamas seems to rule out key points of truce offer, wants release of Marwan Barghouti,” Times of Israel, February 2, 2024:
Hamas officials said Friday that the group is studying a proposed ceasefire deal that would include prolonged pauses in fighting in Gaza and swaps of Israeli hostages for Palestinian prisoners, but at the same time appeared to rule out some of its key components.
Hamas politburo chief Ismail Haniyeh held a phone call with Palestinian Islamic Jihad leader Ziad Nakhaleh to discuss the deal, the Gaza-ruling terror group announced. According to a statement from Haniyeh’s office, the two agreed any deal with Israel for the release of hostages must be accompanied by a complete halt to the fighting, the withdrawal of Israeli forces from Gaza, ending the blockade, reconstruction of the Strip and the freeing of Palestinian security prisoners.
Such steep demands would seem to be non-starters for Israel.
Meanwhile Osama Hamdan, a senior Hamas official in Beirut, also said the group remains committed to its initial demands for a permanent ceasefire that would end the war. Hamdan also said the group seeks the release of thousands of Palestinian prisoners being held for acts related to the conflict with Israel, including those serving life sentences.
He mentioned two by name, including Marwan Barghouti, a popular Palestinian leader seen as a unifying figure. Barghouti was arrested by Israel in 2002 and is serving five life terms for planning three terror attacks that killed five Israelis during the Second Intifada….