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The rules of war in Islam are the basic Religious laws of War governing the military conduct of the Mujahideen (literally "those who struggle the Islamic faith "). These rules are part of a broader Islam ic military doctrine encompassed by what some Muslims call "Lesser Jihad ." ''Jihad'' literally means ''struggle'', and in the context of military conflict is commonly translated as '' Holy War ''. This article concerns the rules governing military conduct during both Defensive Jihad and Offensive Jihad . These religious laws are a part of the traditional Islamic code, Shar'iah , which is based on traditional interpretations of the Qur'an and the Hadith (traditions of Muhammad). Not all Muslims follow the traditional interpretations, and there has been some disagreement between various Islamic authorities about certain details. For comparison, the article Laws Of War discusses modern international conventions on the conduct of war. CIVILIANS Islam expressly prohibits the killing of non-combatants, civilian women, children and the eldery, during war. The Quran states "make (them) prisoners, and afterwards either set them free as a favor or let them ransom (themselves) until the war terminates" (Qur'an 47:4) which has traditionly been seen as meaning prisoners caught in war are part of the spoils of war. A discussion of the Islamic treatment of enemy prisoners of war can be found below. PRISONERS OF WAR The historical legal principles governing the treatment of market. Female prisoners may be enslaved as Concubine s (in which case they are called Ma Malakat Aymanukum by the Qur'an ). In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write. Muslim scholars have traditionally held that women and children prisoners of war cannot be killed under any circumstances, but that they may be freed, ransomed, or enslaved. In the case of adult males, there has been disagreement on whether an adult male prisoner of war must be executed, must not be executed, or can be executed: One traditional opinion is that no prisoners of war may be executed; this is the most widely accepted view. This is upheld by the Hanafi Maddhab . However, the opinion of the Maliki , Shafi'i , Hanbali and Jafari Maddhabs is that adult, male prisoners of war may be executed at the discretion of the Islamic supreme leader, or those legally deputized by him. This opinion was also upheld by the medieval Muslim judge, Sa'id Bin Jubair (665-714 AD). These opinions are the most widely held in the Muslim world. The above facts are attested to by a number of scholarly sources coming from medieval and modern, Muslim and non-Muslim sources: Imam Shafi , said the Imam (supreme leader of the Muslims) is given the choice of killing the prisoners, showing them mercy, ransoming them or keeping them in bondage. This issue has been confirmed and has been proven in our book 'Al Ahkam.' ( Tafsir of the Qur'an by Ibn Kathir {Link without Title} ) Slavery was not abolished by the Koran, but ... only children of slaves or non-Muslim prisoners of war can become slaves, never a freeborn Muslim. ( Annemarie Schimmel . Islam: An Introduction. Albani: State University of New York Press, 1992, p. 67) Male captives might be killed or enslaved, whatever their religious affiliation. (People of the Book were not protected by Islamic law until they had accepted dhimma.) Captives might also be given the choice between Islam and death, or they might pronounce the confession of faith of their own accord to avoid execution: jurists ruled that their change of status was to be accepted even though they had only converted out of fear. Women and children captured in the course of the campaigns were usually enslaved, again regardless of their faith. Nor should the importance of captives be underestimated. Muslim warriors routinely took large numbers of them. Leaving aside those who converted to avoid execution, some were ransomed and the rest enslaved, usually for domestic use. (Patricia Crone. God’s Rule: Government and Islam. New York: Columbia University Press, 2004, pp. 371-72) It was the custom to enslave prisoners of war and the Islamic state would have put itself at a grave disadvantage vis-a-vis its enemies had it not reciprocated to some extent. By guaranteeing them POWs humane treatment, and various possibilities of subsequently releasing themselves, it ensured that a good number of combatants in the opposing armies preferred captivity at the hands of Muslims to death on the field of battle. (Roger DuPasquier. Unveiling Islam. Islamic Texts Society, 1992, p. 104) According to the Qur'an a woman who has been captured by force falls in the category of a slave girl (kaniz). And because the Qur'an confines the use of force to the fighting (qital) in the way of God, thus according to the Qur'an a slave girl is that woman who falls in the hands of Muslims as a prisoner during the course of war waged in the way of God. (Maulana Maududi , Rasa'il wa Masa'il 3rd edition, Vol. III, p.102). "There is no limit to their numbers the number of prisoners enslaved as concubines by one person ( Tafsir of the Qur'an by Maulana Maududi , Vol. IV, exegesis of verse 33:52). ...that one can even...finish off the wounded, or kill prisoners who might prove dangerous to the Muslims...As for the prisoners who are led before the imam, the latter has the choice, as he pleases, of executing them, or making them pay a ransom, for the most advantageous choice for the Muslims and the wisest of Islam. The ransom imposed upon them is not to consist either of gold, silver, or wares, but is only in exchange for Muslim captives... As for the captives, the amir {Link without Title} has the choice of taking the most beneficial action of four possibilities: the first to put them to death by cutting their necks; the second, to enslave them and apply the laws of slavery regarding their sale and manumission; the third, to ransom them in exchange for goods or prisoners; and fourth, to show favor to them and pardon them. ('Abu Yusuf Ya'qub Le Livre de l'impot foncier,' translated from Arabic and annotated by Edmond Fagnan, Paris, Paul Geuthner, 1991, pages 301-302) Abu Yusuf (d. 798 CE) was a classical jurists from the Hanafi school of jurispudence). The above discussion on the matter of prisoners of war in Islam concerns the traditional practices and opinions of Muslim warriors and Muslim scholars. Certain Muslims, such as those who reject the Hadith literature in its entirely (e.g. Qur'an Aloners ) or Liberal Muslims may not necessarily agree with the traditional interpretations of Islamic law in general, and Islamic laws concerning prisoners of war in particular. It should furthermore be noted that some Militant Islamist movements do in fact agree with the traditional interpretations. For such Mujahideen movements, the execution of prisoners of war is a powerful political weapon (particularly in Asymmetric Warfare ), while the ransoming and enslaving of prisoners of wars is a lucrative source of funding for their militant movements as well as a source of personal pleasure. Armed Islamic Conflicts in Chechnya and the Sudan , in particular, have in recent times gained international condemnation for kidnapping and ransom schemes and for the International Crime of Human Trafficking . According to accounts written by wrote of this period: "In pursuance of Mahomet's commands the citizens of Medina and such of the refugees as possessed houses received the prisoners and treated them with much consideration. 'Blessings be on the men of Medina', said one of these prisoners in later days, 'they made us ride while they themselves walked; they gave us wheaten bread to eat when there was little of it, contenting themselves with dates." QUOTES FROM THE QUR'AN AND HADITH From the Qur'an:
From the hadith:
Speech by Abu Bakr, Mohammed's closest friend and first successor, to an Islamic army set out for Syria: '' "Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone."'' SEE ALSO EXTERNAL LINKS |
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