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{{short description|Islamic laws of war}}
{{cleanup-date|December 2005}}
{{other uses|Muslim warfare (disambiguation){{!}}Muslim warfare}}
{{Islam}}
{{Fiqh}}
The '''rules of war in Islam''' are the basic ] laws of ] governing the military conduct of the ] (] struggler). These rules are part of a broader ]ic military doctrine encompassed by what Muslims call "Lesser ]" or what most westerners mistranslate as "Holy War". This article concerns the rules governing military conduct during both ] and ]. These religious laws are a part of the traditional Islamic code, ], which is based on traditional interpretations of the ] and the ] (traditions of Muhammad). Not all Muslims follow the traditional interpretations, and there has been some disagreement between various Islamic authorities about certain details.
'''Islamic military jurisprudence''' refers to what has been accepted in ] (Islamic law) and ] (Islamic jurisprudence) by '']'' (Islamic scholars) as the correct ]ic manner, expected to be obeyed by ]s, in times of war. Some scholars and Muslim religious figures describe armed struggle based on Islamic principles as the ].


==Development of rulings==
==No belligerence ==
{{see also|Jihad|List of battles of Muhammad|Muhammad as a diplomat}}
The first military rulings were formulated during the first century after Muhammad ]. These rulings evolved in accordance with the interpretations of the ] (the Islamic Holy scriptures) and ] (the recorded traditions, actions (behaviors), sayings and consents of Muhammad). The key themes in these rulings were the ] of war (Harb), and the injunction to jihad. The rulings do not cover ]s and armed conflicts in general.<ref name="Enein">Aboul-Enein and Zuhur (2004), pp. 3–4</ref>


Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the ]n ] against Muslims. It was interpreted as the struggle in ]'s cause to be conducted by the ]. Injunctions relating to jihad have been characterized as individual as well as collective duties of the ]. Hence, the nature of attack is important in the interpretation—if the Muslim community as a whole is attacked jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-governed lands (]) and non-Muslim lands, ].<ref name="Enein"/>
Islam never fought nations but fought only despotic authorities. War is decreed in Islam in self defense. This indicates that aim behind war is to ward off aggression not to impose Islam as a religion. Referring to this, Allah says:


According to Shaheen Sardar Ali and Javaid Rehman, both professors of law, the Islamic military jurisprudence are in line with rules of modern international law. They point to the dual commitment of ] (OIC) member states (representing most of the ]) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems.<ref name="rehman">Ali, Shaheen Sardar; Rehman, Javaid. (Winter, 2005) "The Concept of Jihad in Islamic International Law". ''Journal of Conflict & Security Law''. '''10''' (3) pp. 321–43.</ref>
*''To those against whom war is made, permission is given (to fight), because they are wronged; and verily God is most powerful for their aid. (Al-Hajj:39)''


==Ethics of warfare==
It is interesting to mention that when Muslims fought the Romans in ], the Egyptian ] sided with and helped Muslims against the Romans who were Christians like them. This was because ] Egypt was suffering religious oppression by the Christian Romans to compel them to adopt their religious beliefs.
{{see also|Islamic ethics}}


Fighting is justified for legitimate self-defense, to aid other Muslims and after a violation in the terms of a treaty, but should be stopped if these circumstances cease to exist.<ref name="Crone">], '']'', "War". Brill Publishers, p. 456.</ref><ref>Micheline R. Ishay, ''The History of Human Rights: From Ancient Times to the Globalization Era'', ], p. 45</ref><ref name="Boundries_Princeton">Sohail H. Hashmi, David Miller, ''Boundaries and Justice: diverse ethical perspectives'', ], p. 197</ref><ref>Douglas M. Johnston, ''Faith-Based Diplomacy: Trumping Realpolitik'', ], p. 48</ref> War should be conducted in a disciplined way, to avoid injuring non-combatants, with the minimum necessary force, without anger and with humane treatment towards prisoners of war.<ref>{{cite web |url=https://www.bbc.co.uk/religion/religions/islam/islamethics/war.shtml |title = BBC - Religions - Islam: War}}</ref>
One of the earliest actions of the Muslims in Egypt was the assurance of religious freedom and the reinstatement of Bejamin as ] of ] after years of hiding from the Romans in the western desert.Likewise, during the rule of Umar , when the Muslims informed the people of ] that they were going to leave because they could not face a planned Roman attack, the Damascenes were saddened. They stated, ''"Even though your religion differs from ours, we prefer you to those ] who share our religion."''


During his life, Muhammad gave various injunctions to his forces and adopted practices toward the conduct of war. The most important of these were summarized by Muhammad's companion and first ], ], in the form of ten rules for the ]:<ref name="Zuhur">Aboul-Enein, H. Yousuf and Zuhur, Sherifa, ''Islamic Rulings on Warfare'', p. 22, Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, {{ISBN|1-4289-1039-5}}</ref>
Whether Arab or Egyptian, Muslim or Christian, Islam built up that fellowship that humanity aspires to, in equality and fraternity .The story is well known of the running contest held in Egypt and won by an Egyptian to the dismay of an Arab competitor who was the son of `Amru Ibn Al-`Aas, governor of Egypt. The Arab hit the boy saying ''‘’how dare you outrun me and I am the son of the nobility.’’'' Upon which ], the caliph, ordered the three all the way to Madinah, and ordered the Egyptian to avenge by hitting the offending Arab, saying: ''‘’Hit him back. Hit the son of nobility’’.'' Addressing `Amru, he uttered his famous saying: ''‘’O `Amru, since when have you enslaved people while their mothers have born them free.’’''


{{blockquote|O people! I charge you with ten rules; learn them well! 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.}}
==War Ethics in Islam==


According to ], the ten bits of "advice" that Abu Bakr gave was during the ].<ref>{{Cite book|title=The conquest of Arabia|url=https://books.google.com/books?id=VA5Uke7IpHkC&pg=PA16|first=Al|last=Tabari|year=1993|publisher=State University of New York Press |isbn=978-0-7914-1071-4|page=16}}</ref> During the ], the Caliph ] stated that Islam does not permit Muslims to stop the supply of water to their enemy.<ref>Encyclopaedia of Islam (2005), p. 204</ref> In addition to the ], ]s attributed to Muhammad himself suggest that he stated the following regarding the ] that eventually took place after his death:<ref name="Daly-18">{{Cite book|title=Egyptology: The Missing Millennium : Ancient Egypt in Medieval Arabic Writings|first=Okasha|last=El Daly|publisher=]|year=2004|isbn=1-84472-063-2|page=18}}</ref>
Prior to the revelation of the Qur’an , there was no concept of civilized behavior neither in war nor of the rights of enemies. Islam was the first to decree humane rules of war, many centuries before such ideas were put into conventions and agreements in the West. First, Islam draws a clear distinction between combatants and non-combatants. Non-combatants such as women, children, the old and infirm are not to be killed. Also, monks in monasteries and people in places of worship are to be spared.


{{blockquote|You are going to enter Egypt a land where ''qirat'' (money unit) is used. Be extremely good to them as they have with us close ties and marriage relationships. When you enter Egypt after my death, recruit many soldiers from among the Egyptians because they are the best soldiers on earth, as they and their wives are permanently on duty until the Day of Resurrection. Be good to the Copts of Egypt; you shall take them over, but they shall be your instrument and help. Be Righteous to God about the Copts.}}
These are the rights that Islam confers on combatants:


These principles were upheld by ] during his conquest of Egypt. A Christian contemporary in the 7th century, ], stated the following regarding the conquest of ] by 'Amr:
* No one should be burned alive or tortured with fire.
* Wounded soldiers who are neither unfit to fight, nor actually fighting, should not be attacked.
* Prisoners of war should not be killed.
* It is prohibited to kill anyone who is tied up or in captivity.
* Residential areas should not be pillaged, plundered or destroyed, nor should the Muslims touch the property of anyone except those who are fighting against them.
* Muslims must not take anything from the general public of the conquered country without paying for it.
* The corpses of the enemy must not be disgraced or mutilated.
* Corpses of the enemy should be returned.
* Treaties must not be broken.
* Muslims are prohibited from opening hostilities without properly declaring war against the enemy, unless the adversary has already started aggression against them.


{{blockquote|On the twentieth of Maskaram, Theodore and all his troops and officers set out and proceeded to the island of Cyprus, and abandoned the city of Alexandria. And thereupon 'Amr the chief of the Moslem made his entry without effort into the city of Alexandria. And the inhabitants received him with respect; for they were in great tribulation and affliction. And Abba Benjamin, the patriarch of the Egyptians, returned to the city of Alexandria in the thirteenth year after his flight from the Romans, and he went to the Churches, and inspected all of them. And every one said: 'This expulsion (of the Romans) and victory of the Moslem is due to the wickedness of the emperor Heraclius and his persecution of the Orthodox through the patriarch Cyrus. This was the cause of the ruin of the Romans and the subjugation of Egypt by the Moslem. And 'Amr became stronger every day in every field of his activity. And he exacted the taxes which had been determined upon, but he took none of the property of the Churches, and he committed no act of spoliation or plunder, and he preserved them throughout all his days.<ref>{{Cite book|author=]|title=Chronicle|chapter=CXX.72-CXXI.3|year=c. 600s|url=http://www.tertullian.org/fathers/nikiu2_chronicle.htm|access-date=2010-03-31}}</ref>}}
==Civilians and property==


The principles established by the early Caliphs were also honoured during the ], as exemplified by ]s such as ] and ]. For example, after Al-Kamil defeated the ] during the ], Oliverus Scholasticus praised the Islamic ], commenting on how Al-Kamil supplied the defeated Frankish army with food:<ref name="Weeramantry">{{Cite book|title=Justice Without Frontiers|first=Christopher G.|last=Judge Weeramantry|year=1997|publisher=]|isbn=90-411-0241-8|page=136}}</ref>
According to ] , fighting should be directed only against fighting troops, and not to non- fighting personnel, and this is in compliance with the Qur’anic verse that reads:


{{blockquote|Who could doubt that such goodness, friendship and charity come from God? Men whose parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands we took, whom we drove naked from their homes, revived us with their own food when we were dying of hunger and showered us with kindness even when we were in their power.<ref>{{Cite book|title=Justice Without Frontiers|first=Christopher G.|last=Judge Weeramantry|year=1997|publisher=]|isbn=90-411-0241-8|pages=136–37}}</ref>}}
*''Fight in the way of Allah against those who fight against you, but begin not hostilities. Lo! Allah loveth not, aggressors.(2:190)’’


The early Islamic treatises on ] from the 9th century onwards covered the application of ], ] and Islamic military jurisprudence to international law,<ref name="Kelsay">{{Cite journal|title=Al-Shaybani and the Islamic Law of War|last=Kelsay|first=J.|journal=Journal of Military Ethics|volume=2|issue=1|date=March 2003|publisher=]|pages=63–75|doi=10.1080/15027570310000027|s2cid=143975172}}</ref> and were concerned with a number of modern international law topics, including the ]; the treatment of ]s, ]s, ]s and ]; the ]; ]; protection of women, children and ] ]s; ]s across the lines of battle; the use of poisonous weapons; and devastation of enemy territory.<ref name=Weeramantry />
Quran also asks Muslims to maintain Justice and avoid blind retaliation . In the words of Quran:


==Criteria for soldiering==
*''’’O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what ye do. (Al-Maidah: 8) ‘’''
Muslim jurists agree that Muslim armed forces must consist of debt-free adults who possess a sound mind and body. In addition, the combatants must not be ], but rather enlist of their free will, and with the permission of their family.<ref name="Enein12">Aboul-Enein and Zuhur, pp. 12-13</ref>


==Legitimacy of war==
In one of the battles, a woman was found killed, and this was denounced by the Prophet saying "She did not fight" <!-- Plz explain this line in detail. Fight whom? and why was it denounced? -->
{{see also|Jihad|Hirabah}}
Prophet ] used to instruct his commanding chiefs saying:
Muslims have struggled to differentiate between legitimate and illegitimate wars. Fighting in self-defense is not only legitimate but considered obligatory upon Muslims, according to the Qur'an. The Qur'an, however, says that should the enemy's hostile behavior cease, then the reason for engaging the enemy also lapses.<ref name="afsaruddin">Afsaruddin, Asma (2007). ''Views of Jihad Throughout History''. Religion Compass 1 (1), pp. 165–69.</ref>


===Defensive conflict===
*''’’Fight in the cause of Allah. Fight those who deny Allah; Do not be embittered. Do not be treacherous. Do not mutilate. Do not kill children or those (people) in convents. ‘’''
According to the majority of jurists, the Qur'anic '']'' (justification of war) are restricted to aggression against Muslims and ''fitna''—persecution of Muslims because of their religious belief.<ref name="Al-Dawoody">Ahmed Al-Dawoody (2011), ''The Islamic Law of War: Justifications and Regulations'', pp. 78–9. Palgrave Macmillan. {{ISBN|9780230111608}}.</ref> They hold that unbelief in itself is not the justification for war. These jurists therefore maintain that only combatants are to be fought; noncombatants such as women, children, clergy, the aged, the insane, farmers, serfs, the blind, and so on are not to be killed in war.<ref name="Al-Dawoody"/> Thus, the Hanafī Ibn Najīm states: "the reason for jihād in our view is ''kawnuhum harbā ‛alaynā'' ."<ref name="Al-Dawoody"/><ref>Ibn Najīm, ''Al-Bahr al-Rā’iq'', Vol. 5, p. 76.</ref> The Hanafī jurists al-Shaybānī and al-Sarakhsī state that "although kufr is one of the greatest sins, it is between the individual and his God the Almighty and the punishment for this sin is to be postponed to the ''dār al-jazā’'', (the abode of reckoning, the Hereafter)."<ref name="Al-Dawoody"/><ref>], ''The Rules of Killing at War: An Inquiry into Classical Sources'', p. 152. The Muslim World. Volume 89, Issue 2, April 1999. doi: 10.1111/j.1478-1913.1999.tb03675.x</ref> War, according to the Hanafis, can't simply be made on the account of a nation's religion.<ref name =afsaruddin/> ] argues that the original jihad according to his version of Shi'ism was permission to fight back against those who broke their pledges. Thus the Qur'an justified defensive jihad by allowing Muslims to fight back against hostile and dangerous forces.<ref name = sachedina/>


===Offensive conflict===
] instructed Osama before the Campaign on ]:
] (d. 820), founder of the ] school of thought, was the first to permit offensive jihad, limiting this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims.<ref name =afsaruddin/> This view of al-Shafi'i is mitigated by the fact that an opposite view, in agreement with the majority, is also attributed to al-Shafi'i.<ref>{{Cite book|title = War and Peace in Islam: The Uses and Abuses of Jihad|last1 = H.R.H. Prince|first1 = Ghazi Muhammad|publisher = The Islamic Texts Society Cambridge|year = 2013|isbn = 978-1-903682-83-8|last2 = Ibrahim|first2 = Kalin|author3-link = Mohammad Hashim Kamali|last3 = Mohammad Hashim|first3 = Kamali|url = http://rissc.jo/books/War-Peace-Islam.pdf|page = 76|author1-link = Prince Ghazi bin Muhammad|access-date = 2016-04-21|archive-date = 2017-07-09|archive-url = https://web.archive.org/web/20170709055514/http://rissc.jo/books/War-Peace-Islam.pdf|url-status = dead}}</ref>


According to ], ] raises questions about whether jihad is justifiable on moral grounds. He states that the Qur'an requires Muslims to establish just public order, increasing the influence of Islam, allowing public Islamic worship, through offensive measures. To this end, the Qur'anic verses revealed required Muslims to wage jihad against unbelievers who persecuted them. This has been complicated by the early ], which he argues were although considered jihad by ] scholars, but under close scrutiny can be determined to be political. Moreover, the offensive jihad points more to the complex relationship with the "]".<ref name="sachedina">{{cite book |title=The Just Ruler In Shi'ite Islam |last=Sachedina |first=Abdulaziz |year=1988 |publisher=Oxford University Press US |isbn=0-19-511915-0 |page=106 }}</ref>
*''’’Do not betray or be treacherous or vindictive. Do not mutilate. Do not kill the children, the aged or the women. Do not cut or bum palm trees or fruitful trees. Don’t slay a sheep, a cow or camel except for your food. And you will come across people who confined themselves to worship in hermitages, leave them alone to what they devoted themselves for.’’''


Some major modern scholars who have rejected the idea of "offensive jihad" include the founder of the ], ] (1906–1949), the ] scholar ] (1898–1974) who thought that "military jihad is permitted only to remove aggression ('udwân) and religious persecution (]h) against Muslims", as well as Syrian scholars ] (1929–2013) and ] (1932-2015), the latter saying that "peace is the underlying principle of relations between Muslims and non-Muslims. al-Zuhayli maintains that this view is supported by 8:61, as well as 2:208 and 4:94 that establish the principle of international peace. For him, Muslims should be committed to peace and security (on the basis of 4:90 and 60:8)."<ref>ElSayed Amin, ''Reclaiming Jihad: A Qur'anic Critique of Terrorism'', Kube Publishing (2015), pp. 104-106</ref>
] Instructed to Yazid ibn-Abi Sufian:


==International conflict==
*''’’I give you ten commandments: don’t kill a woman or a child or an old person, and don’t cut trees or ruin dwellings or slay a sheep but for food. Dont burn palm trees or drown them. And don’t be spiteful or unjust.’’''
International conflicts are armed strifes conducted by one state against another, and are distinguished from civil wars or armed strife within a state.<ref name="D">Dāmād (2003), p.261</ref> Some classical Islamic scholars, like the ], classified territories into broad categories: ''dar al-islam'' ("abode of Islam"), ''dar al-harb'' ("abode of war), ''dar al-ahd'' ("abode of treaty"), and ''dar al-sulh'' ("abode of reconciliation"). Such categorizations of states, according to Asma Afsaruddin, are not mentioned in the Qur'an and ].<ref name =afsaruddin/>


===Declaration of war===
==Inside Battlefield==
The ] commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise ]s prior to such a declaration are illegal under the Islamic jurisprudence.{{citation needed|date=January 2017}} The Qur'an had similarly commanded Muhammad to give his enemies, who had violated the ], a time period of four months to reconsider their position and negotiate.<ref>Maududi (1967), p. 177, vol. 2</ref> This rule, however, is not binding if the adversary has already started the war.<ref name="autogenerated2">Maududi (1998), p. 36</ref> ] is considered an act of war.<ref>{{cite journal
===Personal Behavior of the Troops===
| last = Mohammad
| first = Noor
| title = The Doctrine of Jihad: An Introduction
| journal = Journal of Law and Religion
| volume = 3
| issue = 2
| page = 387
| publisher = Journal of Law and Religion, Inc.
| location = ]
| year = 1985
| doi = 10.2307/1051182
| jstor = 1051182
| s2cid = 159793899
}}</ref>


===Conduct of armed forces===
Islamic jurisprudence maintains that whatever is prohibited during peace is also prohibited during war. War is no excuse to be lenient with misbehaving troops. Muhammad is reported to have said:
During battle the Qur'an commands Muslims to fight against the enemy. However, there are restrictions to such combat. Burning or drowning the enemy is allowed only if it is impossible to achieve victory by other means.<ref>{{Cite book |first=Rudolph|last=Peters| year=2015 | title=Islam and Colonialism: The Doctrine of Jihad in Modern History|publisher=DE GRUYTER MOUTON|url=https://www.degruyter.com/view/product/6260| via = ]|url-access=subscription |page=20|isbn=9783110824858}}</ref> The mutilation of dead bodies is prohibited.<ref>Ghamid (2001), referring to ] 3016, and ] 2613</ref> The Qur'an also discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle.<ref>Ghamidi (2001), referring to {{cite quran|8|47|style=ref}}</ref>
*''’’Beware of the prayer of the oppressed; for there is no barrier between it and Allah.''''


According to professor Sayyid Dāmād, no explicit injunctions against use of ] or ] were developed by medieval Islamic jurists as these threats were not existent then. However, ''Khalil al-Maliki's Book on jihad'' states that combatants are forbidden to employ weapons that cause unnecessary injury to the enemy, except under dire circumstances. The book, as an example, forbids the use of poisonous spears, since it inflicts unnecessary pain.<ref>Dāmād (2003), p. 266</ref>
===Medical and Nursing Services ===


====Civilian areas====
Medical help was a right to all men in spite of religion or creed. And this was also extended to those amongst enemy. An example well known in the West is that of Saladin securing medical help to his opponent, Richard Lion Heart of England who was seriously ill during the Crusades. Saladin sent him his own doctor and personally supervised Richard's treatment until he became well.
According to all madhhabs, it is not permissible to kill women or children unless they are fighting against the Muslims.<ref name="peters21">{{Cite book |first=Rudolph|last=Peters| year=2015 | title=Islam and Colonialism: The Doctrine of Jihad in Modern History|publisher=DE GRUYTER MOUTON|url=https://www.degruyter.com/view/product/6260| via = ]|url-access=subscription |page=21|isbn=9783110824858}}</ref> The ], ] and ] schools forbid killing of those who are not able to fight, including monks, farmers, and serfs, as well as mentally and physically disabled.<ref name=peters21/><ref>{{Cite journal|last=Blankinship|first=Khalid Yahya|author-link=Khalid Yahya Blankinship|year=2011|title=Parity of Muslim and Western Concepts of Just War|journal=The Muslim World|volume=101|issue=3|page=416|doi=10.1111/j.1478-1913.2011.01384.x|issn=1478-1913|quote=In classical Muslim doctrine on war, likewise, genuine non-combatants are not to be harmed. These include women, minors, servants and slaves who do not take part in the fighting, the blind, monks, hermits, the aged, those physically unable to fight, the insane, the delirious, farmers who do not fight, traders, merchants, and contractors. The main criterion distinguishing combatants from non-combatants is that the latter do not fight and do not contribute to the war effort.}}</ref>

In quoting this particular example, one dare say that such an attitude was quite different to the behavior characterizing the invading ]. When the crusaders entered ] on July 15th 1099, they slaughtered seventy thousand Muslims including women, children and old men. They broke children's skulls by knocking against the wall, threw babies from roof tops, roasted men over fire and cut up women's bellies to see if they had swallowed gold. This description was given by Gibbon, a Christian writer, and commented on by Ludbig Wbo wondered how come after those horrible atrocities they prayed at the burial place of Christ for blessing and forgiveness (]/History of the Intellectual Development of ], Vol. 2, p. 77).

===Torture and mutilation===

It is not allowable to torture the living or mutilate the dead, even if they are non-Muslims. In the hadith of the Prophet (peace and blessings be upon him), when he was sending Hamzah Al-Aslami on an expedition, he instructed him saying:

*''’’If you find so-and-so, kill him. But never kill him by burning, for none uses fire in torturing except the One Who created it (i.e., Allah) (Reported by Abu Dawud).’’''

In another hadith, Safwan ibn `Assal said: The Prophet (peace and blessings be upon him) sent us on an expedition and said:

''*‘’Move under the protection of Allah and for the sake of Allah. Fight those who disbelieve in Allah but never mutilate (Reported by Ibn Majah). ‘’''

Some scholars say that it is permissible to mutilate the dead only in case of retaliation. In case of war, Muslim are allowed to take vengeance for their mutilated dead mujahids (fighters) in the same way it was done to them. Allah says:

*''’’If ye punish, then punish with the like of that wherewith ye were afflicted. But if ye endure patiently, verily it is better for the patient (An-Nahl: 126)’’.''

This verse was revealed when the polytheists mutilated the corpse of Hamzah ibn `Abdul-Muttalib. The Prophet swore to mutilate seventy corpses of the polytheists in retaliation for what they had done with Hamzah's body. Hence, this verse was revealed to indicate that punishment should be done in the same manner without any sort of transgression, so that the Prophet was permitted to mutilate only one corpse of the polytheists. However, the verse also shows that patience and refraining from retaliation are better in Allah's Sight. Thereupon, the Prophet refrained from it and did not mutilate anybody.Quran says:

*''’’The guerdon of an ill-deed is an ill the like thereof. But whosoever pardoneth and amendeth, his wage is the affair of Allah. Lo! He loveth not wrong-doers" (Ash-Shura: 40)’’.''

Thus, Islam prohibits torturing living people and mutilating the dead, even if they are non-Muslims. By Islamic Law, people who either of these two things are considered war criminals. However, if the enemies of Islam keep on doing this to Muslims, then Muslims are permitted to treat the enemies in the same manner

==Prisoners of War==

Islam adopted an attitude of mercy and caring for the captured enemy. Unprecedented by previous legal systems, and long before the ], Islam set the rule that the captive is sheltered by his captivity and the wounded by his injury. Previously, it was the custom for the captive to work for his food or get it through private means. Islam instructs Muslims either to free captives who cannot offer ransom (in the form of money or an equivalent number of Muslim captives) or to ransom prisoners of war. Prisoners of war are not to be humiliated or degraded in any way. They have the right to their human dignity and the right to be protected from sexual, emotional, and physical abuse. Sufficient health care should be provided for prisoners who need it. Proper food and clothing should also be provided, as well as sanitary facilities. The Prophet also instructed his Companions to shelter their prisoners from the summer sun and to provide them with water to drink. Captives are invited to learn about Islam, but they are under no pressure whatsoever to convert. ''There is no compulsion in religion'' (2:256) means that sincerity is an essential requirement of one’s faith, so, therefore, no one can be coerced to become a Muslim nor should anyone convert to seek some worldly benefit. This was based upon the teaching of the Qur’an:

*''’’And they, though they hold it dear, give sustenance to the indigent, the orphan and the captive. (Saying) we feed you for the sake of God alone: no reward do we desire from you, nor thanks. (76:8-9)’’''

*''’’Now when ye meet in battle those who disbelieve, then it is smiting of the necks until, when ye have routed them, then making fast of bonds; and afterward either grace or ransom till the war lay down its burdens. That (is the ordinance). And if Allah willed He could have punished them (without you) but (thus it is ordained) that He may try some of you by means of others. And those who are slain in the way of Allah, He rendered not their actions vain. (Muhammad: 4) ‘’''

*''’’Lo! the righteous shall drink of a cup whereof the mixture is of water of Kafur. A spring wherefrom the slaves of Allah drink, making it gush forth abundantly. Because they perform the vow and fear a day whereof the evil is wide spreading. And feed with food the needy wretch, the orphan and the prisoner, for love of Him. (Saying): We feed you, for the sake of Allah only. We wish for no reward nor thanks from you. (Al-Insan: 5-9) ‘’''

The Qur’anic verse thus provides alternatives: either the Muslim commander should free those captives who can not offer ransom either in the form of money or an equivalent number of Muslim captives, or he should ransom his captives for money or for a similar number of Muslim captives.

Moving to the Prophetic Tradition, we find that the Prophet never enslaved a free man throughout his reign. His Companions did take some captives among the spoils in the conquest of “Bani al-Mustaliq” and turned them into salves. The Prophet, peace and blessings be upon him, did not explicitly prohibit them from doing that, but his own action (of setting free a prisoner) prompted them to release their captives.

In one of his traditions, the Prophet, ordered his Companions saying: ''“You should be good to the captives.” ''

Abu Aziz-ibn Umair, one of the captives of Badr battle, recalls:

*''Whenever I sat with my captors for lunch or dinner, they would offer me the bread and themselves the dates, in view of the Prophet's recommendation in our favor (in that desert situation bread was the more luxurious item of food than dates).As soon as any of them held a piece of bread, he would offer it to me. "Feeling shy, I would give it back to one of them but he would immediately return it to me.''

Another, Thamama ibn Athal, was taken prisoner and brought to the Prophet, who said, ''Be good to him in his captivity.'' When the Prophet went home, he asked that any food in his house be collected and sent to Thamama. Later, the Prophet approached him respectfully and inquired whether Thamama could ransom himself: “What have you, Thamama?” He replied, “Actually I have a lot going for me. If you kill me, you kill a man whose blood will surely be avenged. If you are generous, then you are generous to a man who knows how to be grateful. If you are after money, then ask of me whatever amount you like.”The Prophet left him and on the second day when he approached him, Thamama said basically the same thing. On the third day, the Prophet said, “Let Thamama go.” They unbound him and let him go. He went on his way, quickly took a bath and returned, declaring, “I bear witness that there is no God but Allah and I bear witness that you are the Messenger of Allah. O Muhammad! I swear to Allah that there was no man on the face of the Earth whom I hated more than you. Now you have become to me the dearest of men. And I swear by Allah that there was no religion on earth more loathsome to me than your religion, but now it is the most beloved to me of all religions. There was no country on earth more despised by me than your country, yet now I love it more than any other country in the world.(Bukhari & Muslim)
Harming civilian areas and pillaging residential areas is also forbidden,<ref name="autogenerated3">Maududi (1998), p. 35</ref> as is the destruction of trees, crops, livestock and farmlands.<ref name="autogenerated1">], '']'', Vol. 3, p. 227</ref><ref>Ali (1991), p. 79, quoting {{cite quran|2|190|style=ref}}</ref> The Muslim forces may not loot travelers, as doing so is contrary to the spirit of ].<ref>Ghamidi (2006), refers to ] 2629</ref> Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate the people financially for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies.<ref name=autogenerated3 /><ref>Ghamidi (2001), refers to a ] "plundered is not better than dead meat " ] 2705</ref>


However, 14th century ] Ibn Hudayl of ] says:<ref>{{cite book|url=https://books.google.com/books?id=FFOBAAAAMAAJ|title=Culture and Conflict in the Middle East|page=142|isbn=978-1-59102-587-0 |last1=Salzman |first1=Philip Carl |date=2008 |publisher=Humanity Books }}</ref><ref>{{cite book|url=https://books.google.com/books?id=aJ4OAAAAIAAJ|title= L'ornement des âmes et la devise des habitants d'el Andalus: traité de guerre sainte islamique|date= 1939|page=195}}</ref>
When the Jewish tribe of Bani Qurayzah was captured, loads of dates were regularly carried to them, with the Prophet's instructions to shelter them from the summer sun and to provide them with water to drink. From the legal point of view, Muslim opinion is unanimous on the prohibition of subjecting the captives to ill treatment by withholding food, drink or clothing.

According to traditional Islamic law, the captive belongs to the state and not to his captor. The ruler has the ultimate option, as he sees fit, of granting freedom or doing that after taking a ransom. Among those whom the Prophet, , granted freedom was a poet called Abu-Azza who said to the Prophet:

*''I have five daughters who have no one to support them, so give me away to them as a charity and I promise never to fight you or help your enemies. ''

Abul-As Ibn Al Rabiae was freed for a ransom, which the Prophet later returned back to him. Later, the man embraced Islam.
Umarna Ibn-Athal was set free upon his promise not to provide the enemy with food. This gentle treatment touched the man’s heart and was then converted to Islam saying to the Prophet:

*''There was a time when your face was the most hated face to me, and there comes a day when it is the most loved.''

Relating how the Companions complied strictly with the Prophet’s instructions on treating POWs, one of the prisoners of the Battle of Badr, Huzayr ibn Humayr, said:

*''I was with one of the Ansari families, after being taken as captive. Whenever they had lunch or dinner, they used to give me preference by providing me with bread while they’d eat only dates, in compliance with the Prophet’s order to treat prisoners well.''

Sometimes captives were exchanged for Muslim captives in enemy hands. An acceptable ransom that was quite often carried out was to teach ten Muslim children to read and write. Personnel were set free upon their word of honor not to fight again, and they should not be ordered by their governments to go to battle again. If they break their promise, they might be punishable by death if they are captured again.

Concerning the captives whose families could not afford the ransom, he (peace and blessings be upon him) released them on condition that each of them would do a service, within his capability, for the Muslim community, such as teaching ten Muslim children how to read and write. The Prophet (peace and blessings be upon him) did not fear that those polytheists might fill the minds of the young Muslims with bad ideas about Islam, for the operation was done under the supervision of the Muslim community.

Zayd ibn Thabit Al-Ansari, one of the Muslims entrusted with the task of recording the Revelation in writing, had been one of those taught reading and writing at the hands of the captives of Badr.
The time of the Companions was characterized by the intensification of clashes between the Muslims and the Byzantines in the West and between the Muslims and Persians in the East. The enslaving of captive was practiced in the wars of these nations. When they captured Muslims, they sold them as salves. Those early Muslims made their dealing with their enemies on a reciprocal basis. They therefore retaliated by enslaving their enemies, as it was not fair that the Muslim captives should be kept as slaves while enemy captives should enjoy their freedom. The Arab commanders found neither Prophetic text nor Qur’anic verse prohibiting slavery explicitly. They only found that the law of dealing on a reciprocal basis necessitated retaliation. Thus if the enemy enslaved a free Muslim it was the duty of Muslims to enslave an enemy captive in compliance with the verse: “If then any one transgresses the prohibition against you, transgress ye likewise against him. But fear Allah, and know that Allah is with those who restrain themselves.” (Al-Baqarah: 194). The Muslims fighters had therefore to enslave their enemies just as the latter had enslaved them.

] 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."''


===Can Captives Be Enslaved or Killed===


{{blockquote|It is permissible to set fire to the lands of the enemy, his stores of grain, his beasts of burden—if it is not possible for the Muslims to take possession of them—as well as to cut down his trees, to raze his cities, in a word, to do everything that might ruin and discourage him, provided that the imam deems these measures appropriate, suited to hastening the Islamization of that enemy or to weakening him. Indeed, all this contributes to a military triumph over him or to forcing him to capitulate.}}
Jurists have two other additional options with regard to captives. These are either enslaving or killing them. These two options are not mentioned in the Qur'an; they are, rather, derived from the Sunnah and the actions of the companions and the rightly-guided Caliphs. ], an eminent righteous scholar, was reported to have said: "It is not lawful to keep captives in shackles; they are either be set free out of grace or released for ransom." On the other hand, there are some jurists who say that there is no alternative in the case of polytheist captives other than killing them. Those jurists are of the opinion that the verse that mentions "grace" and "ransom" is abrogated by ]'s words:


===Negotiations===
*’’So when the sacred months have passed away, then slay the idolaters wherever you find them (At-Tawbah: 5).’’
Commentators of the Qur'an agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. According to ], Islam does not permit Muslims to reject peace and continue bloodshed.<ref>Maududi (1967), p. 151–14, vol. 2</ref>


Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to achieve a just resolution of the dispute.<ref name="Abu-Nimer">Abu-Nimer(2000-2001), p. 246.</ref>
A third point of view, mainly from ], an eminent scholar, is that both verses which mention "ransom" and "grace" and that which mentions slaying them are applicable in the case of captives. According to this view, verse 5, Surat At-Tawba means that killing them is an option too, for the rest of this verse includes "and take them captives…" in which case the Imam (ruler of the Muslims), reflecting on what is in the best interests of the Muslims, is to decide whether to kill them or release them either for free or for ransom. This is derived from the way the Prophet handled the cases of captives. For example, he ordered that `Uqbah ibn Abu Mu`ait and An-Nadhar ibn Al-Harith, who were captives at the Battle of Badr, be killed. And at the conquest of ], it was said to him that Ibn Kattal, an evil enemy of Islam, had sought refuge at the Sacred House of Al-Ka`bah to prevent the Muslims from killing him. He (peace and blessings be upon him) said: "Kill him (any way)". He (peace and blessings be upon him) also released some captives for free and some others for ransom. At-Tabarani denied that the verse of Surat Muhammad concerning captives is abrogated by the verse in Surat At-Tawbah, for both verses can be reconciled with one another (as clarified above). Abrogation is not to be regarded unless there is no way to reconcile the verse (or the hadith) said to have been abrogated.


===Ceasefire===
Contemplating the Qur'anic texts and hadiths concerning the issue, some scholars agree with Imam Al-Hassan Al-Basri that the basic ruling to be applied to captives is either to set them free out of grace or for ransom (which also implies exchange of captives) according to Allah's words: 'and afterward either grace or ransom till the war lay down its burdens' (Muhammad: 4) . But there is an exception to be followed with criminals of war who are held in captivity. They are to be killed as a punishment for the atrocities they have committed against the Muslims- as was the case with `Uqbah ibn Abu Mu`ait, Ibn Khattal, the Jews of Banu Quraydhah, and the like. Such criminals are to be killed according to (the first option mentioned) in verse 5, Surat At-]."
In the context of seventh century ], the Qur'an ordained Muslims must restrain themselves from fighting in the months when fighting was prohibited by Arab ]s. The Qur'an also required the respect of this cease-fire, prohibiting its violation.<ref name=autogenerated2 />


If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression.<ref>Ali (1991), p. 81</ref> The "]", which has attracted attention, is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). ] states that this verse seems to be based on the same above-mentioned rules. Here also it is stressed that one must stop when they do.<ref name="Crone"/><ref name="Boundries_Princeton"/> ] states that the verse implies a hasty mission of besieging and gathering intelligence about the enemy, resulting in either death or repentance by the enemy.<ref> {{Webarchive|url=https://web.archive.org/web/20070206042756/http://www.tafsir.com/default.asp?sid=9&tid=20750 |date=2007-02-06 }} by ]</ref> It is read as a continuation of previous verses, it would be concerned with the same oath-breaking of "polytheists".<ref name="Crone"/>
==Respect of International Laws , Treaties and Agreements==


===Prisoners of war===
The process of active intervention to stop or remove aggression is a development that modem international law has recognized.
{{main|Prisoners of war in Islam}}
{{see also|Islamic views on slavery}}
Men, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, executed, freed, ransomed, exchanged for Muslim prisoners,<ref>] of the ] by ] {{Webarchive|url=https://web.archive.org/web/20050905011245/http://users.mo-net.com/mcruzan/pows_02.htm#study1a|date=2005-09-05}}</ref><ref name="eois">Brunschvig. 'Abd; ''Encyclopedia of Islam''</ref> or kept as slaves. 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.<ref>Ibrahim Syed, ''''. Louisville: Islamic Research Foundation International</ref> Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.<ref>'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)</ref> Women and children prisoners of war cannot be killed under any circumstances, regardless of their religious convictions,<ref>Patricia Crone (2004), pp. 371-72</ref> but they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage - also referred to as '']''.


] of ] also recorded how ] and ] convinced Umar to pardon ], despite Umar earlier intent to execute the Persian general for the death of his two precious soldiers, ] and ].<ref name="Kitab al Umm Shafiie" /> Umar in the end agreed with Zubayr and Anas to spare Hormuzan as prisoner of war, and this historical rulings of Zubayr, Anas, and caliph Umar became the guideline for Shafiite scholars that prisoner of war in normal condition are not allowed to be harmed.<ref name="Kitab al Umm Shafiie">{{cite book |last1=Ibn Idris |first1=Muhammad|translator=Fuad Syaifuddin Nur |author1-link=Al-Shafi'i |editor1-last=Iqbal Santosa |editor1-first=Muhammad |title=Al-Umm #9: Kitab Induk Fiqih Islam |date=2020 |publisher=Republika Penerbit |location=Jagakarsa, Jakarta, Indonesia |isbn=9786232790087 |page=87 |url=https://books.google.com/books?id=Aq3mDwAAQBAJ |access-date=16 December 2021 |language=id}}</ref>
The ] for example was sparked by ]'s invasion of Poland, and drew into the fighting countries that were not direct parties to the conflict. One of the fruits of war was the creation of the ] in order to settle disputes between nations by peaceful means or indeed if necessary by a collective military force. The legal principle of intervention to solve dispute was offered by the Qur’anic saying:


==== Permission to interrogate & torture ====
*''’’If two parties of believers fall into a quarrel, make ye peace between them: But if one of them transgresses beyond bounds against the other, then fight ye (all) against the one that transgresses until it complies with the command of God; but if it complies, then make peace between them with justice, and be fair: for God loves those who are fair. (Al-Hujurat: 9)’’''
However, there are special condition regarding the allowance the conduct of using torture as method of interrogation,
* Ibn Taymiyyah, Hanbalite scholar who has been praised as Mujaddid,<ref>The Legal Thought of Jalāl Al-Din Al-Suyūṭī: Authority and Legacy, Page 133 Rebecca Skreslet Hernandez</ref> has issued Fatwa that using torture on certain case for exceptionally dangerous criminal or enemy of the state were allowed, which based on the conduct of Zubayr ibn al-Awwam, when he tortured the Jewish chieftain ] in the aftermath of the conquest of Khaybar fortresses, as Kenana was hiding the war spoils in Khaibar and refused to tell it.<ref name="Fatwa Taimiyyah">{{cite book |last1=Abi Al-Abbas Ahmed Al-Harrani / Ibn Taymiyyah |first1=Taqi Al-Din |author-link1=Ibn Taymiyyah |editor1-last=Abdel Qader Atta |editor1-first=Muhammad |editor2-last=Abdel Qader Atta |editor2-first=Mustafa |title=الفتاوى الكبرى - فتاوى شيخ الإسلام ابن تيمية 1-6 ج3|trans-title=The Great Fatwas - Fatwas of Sheikh Al-Islam Ibn Taymiyyah 1-6 Part 3 |date=2010 |publisher=Dar Al Kotob Al Ilmiyah |page=521 |url=https://books.google.com/books?id=Y8dwDwAAQBAJ |access-date=12 December 2021 |language=ar}}</ref><ref name="Refining the history of al-Tabari">{{cite book |last1=Mahmud Ibrahim Bakhit |first1=Rajab |title=تهذيب تاريخ الطبرى |trans-title=Refining the history of al-Tabari |publisher=ktab INC. |page=213 |url=https://books.google.com/books?id=F3CSDwAAQBAJ |access-date=29 December 2021}}</ref> ], late 19th AD Grand Mufti of Saudi also supported Ibn Taymiyyah fatwa and issued his own fatwa with similar ruling on the basis Zubayr conduct of interrogating Kenana.<ref name="fatwa ibn Baz1" /> Ibn Baz highlighted Zubayr conduct were acknowledged and permitted by Muhammad, as Kenana was one of Jewish conspirator in Khaybar.<ref name="fatwa ibn Baz1">{{cite web |last1=Ibn Baz |first1=Abd al Aziz|author-link1=Abd al-Aziz Bin Baz |title=ما حكم تعذيب المجرم المتهم؟|trans-title=What is the ruling on torturing the accused criminal? |url=https://binbaz.org.sa/fatwas/21687/%D9%85%D8%A7-%D8%AD%D9%83%D9%85-%D8%AA%D8%B9%D8%B0%D9%8A%D8%A8-%D8%A7%D9%84%D9%85%D8%AC%D8%B1%D9%85-%D8%A7%D9%84%D9%85%D8%AA%D9%87%D9%85 |website=BinBaz.org |access-date=11 December 2021 |language=ar}}</ref> This criminal interrogation procedure exacted by Zubayr towards Kinana were also highlighted by other prominent scholars, such as ] in his work, ]<ref name="Tafsir Tha'labi">{{cite book |last1=al-Tha'labi |first1=Abu Ishaq |author1-link=Abu Ishaq al-Tha'labi |editor1-last=Kasrawi Hassan |editor1-first=Sayyid |title=Tafsir Al-Thalabi Al-Kashf and Al-Bayan 1-6 Part 5 |date=2004 |publisher=Dar al Kotob Ilmiyah |url=https://books.google.com/books?id=9217DwAAQBAJ |access-date=29 December 2021 |language=ar}}</ref>
* ] madhhab highlighted another case that were used in ] (consensus among scholars) to permit the interrogations towards enemy of the state were including the case when ] and Zubayr once threaten a polytheist informant spy who are being caught by the 2 Sahabah during the spy journey to inform Mecca about Muslims secret military operation.<ref name="A review of jurisprudential arguments for the permissibility of torture in islam">{{cite journal |last1=Razmi |first1=Mohsen |last2=Enferadi Kolarkatteh |first2=Morteza |title=A review of jurisprudential arguments for the permissibility of torture in islam |journal=Revista Quaestio Iuris |date=2005 |volume=11 |issue=3 |doi=10.12957/rqi.2018.36021 |s2cid=159661523 |url=https://www.e-publicacoes.uerj.br/index.php/quaestioiuris/article/view/36021 |access-date=11 December 2021|doi-access=free }}</ref><ref name="Criminal investigation procedures in Islamic law">{{cite book |last1=Muhammad al-Qaysi |first1=Abdul Qadir |title=إجراءات التحقيق الجنائي في الشريعة الإسلامية|trans-title=Criminal investigation procedures in Islamic law |type=Doctor |date=2019 |publisher=Dar al Kotob Ilmiyah |page=342 |isbn=9782745101976 |url=https://books.google.com/books?id=XnmfDwAAQBAJ |access-date=29 December 2021 |language=ar|format=Ebook}}</ref><ref name="Legitimate politics : a source of codification between theory and practice: A fundamental study of the uniting unity between politics and jurisprudence">{{cite book |last1=Muhammad Qadi |first1=Abd Allah |title=السياسة الشرعية: مصدر للتقنين بين النظرية والتطبيق : دراسة تأصيلية للوحدة الجامعة بين السياسة والفقه ...|trans-title=Legitimate politics : a source of codification between theory and practice: A fundamental study of the uniting unity between politics and jurisprudence... |date=1989 |publisher=sn] |page=90 |url=https://books.google.com/books?id=GuEfAAAAIAAJ |access-date=29 December 2021 |language=ar}}</ref><ref name="Manhaj 'Aqidah Imam asy-Syafi'i">{{cite book |last1=bin A. W. al-Aqil |first1=Muhammad |translator1=Saefuddin Zuhri |translator2= Nabhani Idris |editor1-last=Bamualim |editor1-first=Abu Mubarak |editor2-last=Haryanto |editor2-first=Eko |editor3-last=Syu'aib al-Faiz |editor3-first=Mohammad |title=Manhaj 'Aqidah Imam asy-Syafi'i |date=2006 |publisher=Pustaka Imam asy-Syafi'i |isbn=9789793536224 |page=249 |url=https://books.google.com/books?id=V879rVrWnd4C |access-date=22 December 2021 |language=id |quote=20 Kemudian, Imam asy - Syafi'i atas mengemukakan dalilnya , yaitu hadits ' Ali , ujarnya : “ Rasulullah telah mengutusku bersama Miqdad dan Zubair . ' Pergilah kalian bertiga dan cegatlah seorang perempuan Setelah kami menjumpai ...}}</ref>
This ruling of torturing testified and accepted by Islamic researcher as particular affirmative proposition in certain case against war criminal, which modern time Islamic jurisprudence law theorists agreed on by viewing the measure as the necessity of law upholding, rather than degradation of the rights of the prisoner as human.<ref name="A review of jurisprudential arguments for the permissibility of torture in islam" />


==Internal conflict==
] has emphatically prohibited treachery by taking the enemy by surprise attack. Recent examples of signing a pact or treaty with a nation as camouflage to hidden intent to attack it are quite contrary to Islam, as several quotations from the ] reads:
Internal conflicts include "civil wars", launched against rebels, and "wars for welfare" launched against bandits.<ref name = D/>


During their first civil war, Muslims fought at the ]. In this engagement, ] (the caliph), set the precedent for war against other Muslims, which most later Muslims have accepted. According to Ali's rules, wounded or captured enemies should not be killed, those throwing away their arms should not be fought, and those fleeing from the battleground should not be pursued. Only captured weapons and animals (horses and camels which have been used in the war) are to be considered war booty. No war prisoners, women or children are to be enslaved and the property of the slain enemies are to go to their legal Muslim heirs.<ref>Madelung (1997), p.179</ref>
*''’’O ye who believe! Fulfil your undertakings… (Al-Maidah: 1) ‘’''


Different views regarding ] have prevailed in the Muslim world at different times. During the first three centuries of Muslim history, jurists held that a political rebel may not be executed nor his/her property confiscated.<ref name = Fadl/>
*''’’Fulfill the ] of ] when you have entered into it, and break not your oaths after you have confirmed them; indeed you have made God your surety, for God knoweth an that you do. (An-Nahl: 91)’’''


] jurists, however, laid down severe penalties for rebels who use "stealth attacks" and "spread ]". In this category, Muslim jurists included ], poisoning of water wells, ], attacks against wayfarers and travellers, ]s under the cover of night and ]. The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator.
If Muslims sense the treachery of any enemy with whom they had a treaty, they should declare to him the annulment of that treaty before embarking on war again.


Some modern commentators have argued that the classical precedent of harsh punishments for rebels engaging in attacks that harmed civilian populations can be taken as evidence that the religious justifications used by ] groups such as ] and ] are in fact, not grounded in the Islamic tradition.<ref name="Fadl">Abou El Fadl, Khaled. . Muslim Lawyers</ref>
*''“Thou fearest treachery from any group, throw back (their covenant) to them, (so as to be) on equal terms: for God loves not the treacherous.” (Al-Anfal: 85)''
Although Muslims are bound to go to the help of their Muslim brethren who are religiously persecuted in the land of an enemy; they are not allowed to fulfill this duty if there is a treaty between the Muslim community and this enemy. Priority goes to honoring the treaty.


==See also==
*’’“But if they seek your aid in religion, it is your duty to help them, except against a people with whom you have a treaty of mutual alliance. And (remember) God seeth an that you do." (Al-Anfal: 72) ‘’
* ]
* ]
* ]
* ]
* ]
* ]
* ]
* ]


==Resources== ==Notes==
{{reflist|2}}
*
*
*
*
*
*
*


== See also == ==References==
*Aboul-Enein, H. Yousuf; Zuhur, Sherifa, "''''", Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, {{ISBN|1-4289-1039-5}}
*Abu-Nimer, Mohammed (2000–2001). "A Framework for Nonviolence and Peacebuilding in Islam". Journal of Law and Religion '''15''' (1/2). Retrieved on 2007-08-05.
*{{cite book|first=Abdullah Yusuf|last=Ali|title=The Holy Quran| publisher=King Fahd Holy Qur-an Printing Complex|location= Medina|year=1991|author-link= Abdullah Yusuf Ali }}
* {{Cite book|last=Charles|first=Robert H.|author-link=Robert Charles (scholar)|title=The Chronicle of John, Bishop of Nikiu: Translated from Zotenberg's Ethiopic Text|year=2007|orig-year=1916|location=Merchantville, NJ|publisher=Evolution Publishing|isbn=9781889758879|url=https://books.google.com/books?id=KgZ-DOr77OQC}}
*Dāmād, Sayyid Mustafa Muhaqqiq et al. (2003). ''Islamic views on Human Rights''. ]: Center for Cultural-International Studies.
*Crone, Patricia (2004). ''God's Rule: Government and Islam''. ]: ].
*], ] (2001). '''', ]. {{OCLC|52901690}}
* Nicola Melis, ''Trattato sulla guerra. Il Kitāb al-ğihād di Molla Hüsrev'', Aipsa, Cagliari 2002.
* {{cite book | last = Madelung | first = Wilferd | author-link = Wilferd Madelung | title = The Succession to Muhammad: A Study of the Early Caliphate | publisher = Cambridge University Press | year = 1997 | isbn = 0-521-64696-0}}
* {{cite book|first=Sayyid Abul Ala|last=Maududi|title=The Meaning of the Quran|title-link=The Meaning of the Qur'an (book)|publisher=Islamic publications |location= Lahore |year=1967}}
* {{cite book | first=Sayyid Abul Ala | last=Maududi | title=Human Rights in Islam | publisher=Da'wah Academy | location=Islamabad | year=1998 }}
*{{cite encyclopedia | editor= M. Mukarram Ahmed, Muzaffar Husain Syed | encyclopedia=Encyclopaedia of Islam | publisher=Anmol Publications PVT. LTD. | year=2005 | isbn=81-261-2339-7| title=Encyclopaedia of Islam: Introduction to Islam }}


==Further reading==
* ]
*{{cite book
* ]
|last = Khadduri
|first = Majid
|year = 1955
|title = ''War and Peace in the Law of Islam''
|publisher = Johns Hopkins Press
|isbn = 1-58477-695-1
}}
*{{cite book
|editor-last = Hashmi
|editor-first = Sohail H.
|year = 2002
|title = ''Islamic Political Ethics: Civil Society, Pluralism, and Conflict''
|publisher = Princeton University Press
|isbn = 0-691-11310-6
|url-access = registration
|url = https://archive.org/details/islamicpolitical0000unse
}}
*{{cite book
|last = Malik
|first = S. K.
|year = 1986
|title = The Quranic Concept of War
|url = http://wolfpangloss.files.wordpress.com/2008/02/malik-quranic-concept-of-war.pdf
|publisher = Himalayan Books
|isbn = 81-7002-020-4
}}


==External links== ==External links==
{{Wikiquote}}
*


{{Islam topics|state=collapsed}}
*


{{DEFAULTSORT:Islamic Military Jurisprudence}}
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Islamic military jurisprudence refers to what has been accepted in Sharia (Islamic law) and Fiqh (Islamic jurisprudence) by Ulama (Islamic scholars) as the correct Islamic manner, expected to be obeyed by Muslims, in times of war. Some scholars and Muslim religious figures describe armed struggle based on Islamic principles as the Lesser jihad.

Development of rulings

See also: Jihad, List of battles of Muhammad, and Muhammad as a diplomat

The first military rulings were formulated during the first century after Muhammad established an Islamic state in Medina. These rulings evolved in accordance with the interpretations of the Qur'an (the Islamic Holy scriptures) and Hadith (the recorded traditions, actions (behaviors), sayings and consents of Muhammad). The key themes in these rulings were the justness of war (Harb), and the injunction to jihad. The rulings do not cover feuds and armed conflicts in general.

Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the Meccan Quraish against Muslims. It was interpreted as the struggle in God's cause to be conducted by the Muslim community. Injunctions relating to jihad have been characterized as individual as well as collective duties of the Muslim community. Hence, the nature of attack is important in the interpretation—if the Muslim community as a whole is attacked jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-governed lands (Dar al-Islam) and non-Muslim lands, both friendly and hostile.

According to Shaheen Sardar Ali and Javaid Rehman, both professors of law, the Islamic military jurisprudence are in line with rules of modern international law. They point to the dual commitment of Organisation of Islamic Cooperation (OIC) member states (representing most of the Muslim world) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems.

Ethics of warfare

See also: Islamic ethics

Fighting is justified for legitimate self-defense, to aid other Muslims and after a violation in the terms of a treaty, but should be stopped if these circumstances cease to exist. War should be conducted in a disciplined way, to avoid injuring non-combatants, with the minimum necessary force, without anger and with humane treatment towards prisoners of war.

During his life, Muhammad gave various injunctions to his forces and adopted practices toward the conduct of war. The most important of these were summarized by Muhammad's companion and first Caliph, Abu Bakr, in the form of ten rules for the Muslim army:

O people! I charge you with ten rules; learn them well! 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.

According to Tabari, the ten bits of "advice" that Abu Bakr gave was during the Expedition of Usama bin Zayd. During the Battle of Siffin, the Caliph Ali stated that Islam does not permit Muslims to stop the supply of water to their enemy. In addition to the Rashidun Caliphs, hadiths attributed to Muhammad himself suggest that he stated the following regarding the Muslim conquest of Egypt that eventually took place after his death:

You are going to enter Egypt a land where qirat (money unit) is used. Be extremely good to them as they have with us close ties and marriage relationships. When you enter Egypt after my death, recruit many soldiers from among the Egyptians because they are the best soldiers on earth, as they and their wives are permanently on duty until the Day of Resurrection. Be good to the Copts of Egypt; you shall take them over, but they shall be your instrument and help. Be Righteous to God about the Copts.

These principles were upheld by 'Amr ibn al-'As during his conquest of Egypt. A Christian contemporary in the 7th century, John of Nikiû, stated the following regarding the conquest of Alexandria by 'Amr:

On the twentieth of Maskaram, Theodore and all his troops and officers set out and proceeded to the island of Cyprus, and abandoned the city of Alexandria. And thereupon 'Amr the chief of the Moslem made his entry without effort into the city of Alexandria. And the inhabitants received him with respect; for they were in great tribulation and affliction. And Abba Benjamin, the patriarch of the Egyptians, returned to the city of Alexandria in the thirteenth year after his flight from the Romans, and he went to the Churches, and inspected all of them. And every one said: 'This expulsion (of the Romans) and victory of the Moslem is due to the wickedness of the emperor Heraclius and his persecution of the Orthodox through the patriarch Cyrus. This was the cause of the ruin of the Romans and the subjugation of Egypt by the Moslem. And 'Amr became stronger every day in every field of his activity. And he exacted the taxes which had been determined upon, but he took none of the property of the Churches, and he committed no act of spoliation or plunder, and he preserved them throughout all his days.

The principles established by the early Caliphs were also honoured during the Crusades, as exemplified by Sultans such as Saladin and Al-Kamil. For example, after Al-Kamil defeated the Franks during the Crusades, Oliverus Scholasticus praised the Islamic laws of war, commenting on how Al-Kamil supplied the defeated Frankish army with food:

Who could doubt that such goodness, friendship and charity come from God? Men whose parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands we took, whom we drove naked from their homes, revived us with their own food when we were dying of hunger and showered us with kindness even when we were in their power.

The early Islamic treatises on international law from the 9th century onwards covered the application of Islamic ethics, Islamic economic jurisprudence and Islamic military jurisprudence to international law, and were concerned with a number of modern international law topics, including the law of treaties; the treatment of diplomats, hostages, refugees and prisoners of war; the right of asylum; conduct on the battlefield; protection of women, children and non-combatant civilians; contracts across the lines of battle; the use of poisonous weapons; and devastation of enemy territory.

Criteria for soldiering

Muslim jurists agree that Muslim armed forces must consist of debt-free adults who possess a sound mind and body. In addition, the combatants must not be conscripted, but rather enlist of their free will, and with the permission of their family.

Legitimacy of war

See also: Jihad and Hirabah

Muslims have struggled to differentiate between legitimate and illegitimate wars. Fighting in self-defense is not only legitimate but considered obligatory upon Muslims, according to the Qur'an. The Qur'an, however, says that should the enemy's hostile behavior cease, then the reason for engaging the enemy also lapses.

Defensive conflict

According to the majority of jurists, the Qur'anic casus belli (justification of war) are restricted to aggression against Muslims and fitna—persecution of Muslims because of their religious belief. They hold that unbelief in itself is not the justification for war. These jurists therefore maintain that only combatants are to be fought; noncombatants such as women, children, clergy, the aged, the insane, farmers, serfs, the blind, and so on are not to be killed in war. Thus, the Hanafī Ibn Najīm states: "the reason for jihād in our view is kawnuhum harbā ‛alaynā ." The Hanafī jurists al-Shaybānī and al-Sarakhsī state that "although kufr is one of the greatest sins, it is between the individual and his God the Almighty and the punishment for this sin is to be postponed to the dār al-jazā’, (the abode of reckoning, the Hereafter)." War, according to the Hanafis, can't simply be made on the account of a nation's religion. Abdulaziz Sachedina argues that the original jihad according to his version of Shi'ism was permission to fight back against those who broke their pledges. Thus the Qur'an justified defensive jihad by allowing Muslims to fight back against hostile and dangerous forces.

Offensive conflict

Muhammad ibn Idris ash-Shafi`i (d. 820), founder of the Shafi'i school of thought, was the first to permit offensive jihad, limiting this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims. This view of al-Shafi'i is mitigated by the fact that an opposite view, in agreement with the majority, is also attributed to al-Shafi'i.

According to Abdulaziz Sachedina, offensive jihad raises questions about whether jihad is justifiable on moral grounds. He states that the Qur'an requires Muslims to establish just public order, increasing the influence of Islam, allowing public Islamic worship, through offensive measures. To this end, the Qur'anic verses revealed required Muslims to wage jihad against unbelievers who persecuted them. This has been complicated by the early Muslim conquests, which he argues were although considered jihad by Sunni scholars, but under close scrutiny can be determined to be political. Moreover, the offensive jihad points more to the complex relationship with the "People of the book".

Some major modern scholars who have rejected the idea of "offensive jihad" include the founder of the Muslim Brotherhood, Hasan al-Banna (1906–1949), the Al-Azhar scholar Muhammad Abu Zahra (1898–1974) who thought that "military jihad is permitted only to remove aggression ('udwân) and religious persecution (fitnah) against Muslims", as well as Syrian scholars Mohamed Said Ramadan Al-Bouti (1929–2013) and Wahbah al-Zuhayli (1932-2015), the latter saying that "peace is the underlying principle of relations between Muslims and non-Muslims. al-Zuhayli maintains that this view is supported by 8:61, as well as 2:208 and 4:94 that establish the principle of international peace. For him, Muslims should be committed to peace and security (on the basis of 4:90 and 60:8)."

International conflict

International conflicts are armed strifes conducted by one state against another, and are distinguished from civil wars or armed strife within a state. Some classical Islamic scholars, like the Shafi'i, classified territories into broad categories: dar al-islam ("abode of Islam"), dar al-harb ("abode of war), dar al-ahd ("abode of treaty"), and dar al-sulh ("abode of reconciliation"). Such categorizations of states, according to Asma Afsaruddin, are not mentioned in the Qur'an and Islamic tradition.

Declaration of war

The Qur'an commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise attacks prior to such a declaration are illegal under the Islamic jurisprudence. The Qur'an had similarly commanded Muhammad to give his enemies, who had violated the Treaty of Hudaybiyyah, a time period of four months to reconsider their position and negotiate. This rule, however, is not binding if the adversary has already started the war. Forcible prevention of religious practice is considered an act of war.

Conduct of armed forces

During battle the Qur'an commands Muslims to fight against the enemy. However, there are restrictions to such combat. Burning or drowning the enemy is allowed only if it is impossible to achieve victory by other means. The mutilation of dead bodies is prohibited. The Qur'an also discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle.

According to professor Sayyid Dāmād, no explicit injunctions against use of chemical or biological warfare were developed by medieval Islamic jurists as these threats were not existent then. However, Khalil al-Maliki's Book on jihad states that combatants are forbidden to employ weapons that cause unnecessary injury to the enemy, except under dire circumstances. The book, as an example, forbids the use of poisonous spears, since it inflicts unnecessary pain.

Civilian areas

According to all madhhabs, it is not permissible to kill women or children unless they are fighting against the Muslims. The Hanafi, Hanbali and Maliki schools forbid killing of those who are not able to fight, including monks, farmers, and serfs, as well as mentally and physically disabled.

Harming civilian areas and pillaging residential areas is also forbidden, as is the destruction of trees, crops, livestock and farmlands. The Muslim forces may not loot travelers, as doing so is contrary to the spirit of jihad. Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate the people financially for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies.

However, 14th century Fiqih Ibn Hudayl of Granada says:

It is permissible to set fire to the lands of the enemy, his stores of grain, his beasts of burden—if it is not possible for the Muslims to take possession of them—as well as to cut down his trees, to raze his cities, in a word, to do everything that might ruin and discourage him, provided that the imam deems these measures appropriate, suited to hastening the Islamization of that enemy or to weakening him. Indeed, all this contributes to a military triumph over him or to forcing him to capitulate.

Negotiations

Commentators of the Qur'an agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. According to Maududi, Islam does not permit Muslims to reject peace and continue bloodshed.

Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to achieve a just resolution of the dispute.

Ceasefire

In the context of seventh century Arabia, the Qur'an ordained Muslims must restrain themselves from fighting in the months when fighting was prohibited by Arab pagans. The Qur'an also required the respect of this cease-fire, prohibiting its violation.

If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression. The "sword verse", which has attracted attention, is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). Patricia Crone states that this verse seems to be based on the same above-mentioned rules. Here also it is stressed that one must stop when they do. Ibn Kathir states that the verse implies a hasty mission of besieging and gathering intelligence about the enemy, resulting in either death or repentance by the enemy. It is read as a continuation of previous verses, it would be concerned with the same oath-breaking of "polytheists".

Prisoners of war

Main article: Prisoners of war in Islam See also: Islamic views on slavery

Men, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, executed, freed, ransomed, exchanged for Muslim prisoners, or kept as slaves. 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. Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners. Women and children prisoners of war cannot be killed under any circumstances, regardless of their religious convictions, but they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage - also referred to as malakah.

Kitab al-Umm of Al-Shafi'i also recorded how Zubayr ibn al-Awwam and Anas ibn Malik convinced Umar to pardon Hormuzan, despite Umar earlier intent to execute the Persian general for the death of his two precious soldiers, Mujaz'ah ibn Thawr as-Sadusi and al-Bara' ibn Malik. Umar in the end agreed with Zubayr and Anas to spare Hormuzan as prisoner of war, and this historical rulings of Zubayr, Anas, and caliph Umar became the guideline for Shafiite scholars that prisoner of war in normal condition are not allowed to be harmed.

Permission to interrogate & torture

However, there are special condition regarding the allowance the conduct of using torture as method of interrogation,

  • Ibn Taymiyyah, Hanbalite scholar who has been praised as Mujaddid, has issued Fatwa that using torture on certain case for exceptionally dangerous criminal or enemy of the state were allowed, which based on the conduct of Zubayr ibn al-Awwam, when he tortured the Jewish chieftain Kenana ibn al-Rabi in the aftermath of the conquest of Khaybar fortresses, as Kenana was hiding the war spoils in Khaibar and refused to tell it. Abd al-Aziz Bin Baz, late 19th AD Grand Mufti of Saudi also supported Ibn Taymiyyah fatwa and issued his own fatwa with similar ruling on the basis Zubayr conduct of interrogating Kenana. Ibn Baz highlighted Zubayr conduct were acknowledged and permitted by Muhammad, as Kenana was one of Jewish conspirator in Khaybar. This criminal interrogation procedure exacted by Zubayr towards Kinana were also highlighted by other prominent scholars, such as Ahmad ibn Muhammad al-Thalabi in his work, Tafsir al-Tha'labi
  • Shafiʽi school madhhab highlighted another case that were used in Ijma (consensus among scholars) to permit the interrogations towards enemy of the state were including the case when Ali ibn Abi Talib and Zubayr once threaten a polytheist informant spy who are being caught by the 2 Sahabah during the spy journey to inform Mecca about Muslims secret military operation.

This ruling of torturing testified and accepted by Islamic researcher as particular affirmative proposition in certain case against war criminal, which modern time Islamic jurisprudence law theorists agreed on by viewing the measure as the necessity of law upholding, rather than degradation of the rights of the prisoner as human.

Internal conflict

Internal conflicts include "civil wars", launched against rebels, and "wars for welfare" launched against bandits.

During their first civil war, Muslims fought at the Battle of Bassorah. In this engagement, Ali (the caliph), set the precedent for war against other Muslims, which most later Muslims have accepted. According to Ali's rules, wounded or captured enemies should not be killed, those throwing away their arms should not be fought, and those fleeing from the battleground should not be pursued. Only captured weapons and animals (horses and camels which have been used in the war) are to be considered war booty. No war prisoners, women or children are to be enslaved and the property of the slain enemies are to go to their legal Muslim heirs.

Different views regarding armed rebellion have prevailed in the Muslim world at different times. During the first three centuries of Muslim history, jurists held that a political rebel may not be executed nor his/her property confiscated.

Classical jurists, however, laid down severe penalties for rebels who use "stealth attacks" and "spread terror". In this category, Muslim jurists included abductions, poisoning of water wells, arson, attacks against wayfarers and travellers, assaults under the cover of night and rape. The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator.

Some modern commentators have argued that the classical precedent of harsh punishments for rebels engaging in attacks that harmed civilian populations can be taken as evidence that the religious justifications used by Islamist groups such as al Qaeda and ISIL are in fact, not grounded in the Islamic tradition.

See also

Notes

  1. ^ Aboul-Enein and Zuhur (2004), pp. 3–4
  2. Ali, Shaheen Sardar; Rehman, Javaid. (Winter, 2005) "The Concept of Jihad in Islamic International Law". Journal of Conflict & Security Law. 10 (3) pp. 321–43.
  3. ^ Patricia Crone, Encyclopedia of the Qur'an, "War". Brill Publishers, p. 456.
  4. Micheline R. Ishay, The History of Human Rights: From Ancient Times to the Globalization Era, University of California Press, p. 45
  5. ^ Sohail H. Hashmi, David Miller, Boundaries and Justice: diverse ethical perspectives, Princeton University Press, p. 197
  6. Douglas M. Johnston, Faith-Based Diplomacy: Trumping Realpolitik, Oxford University Press, p. 48
  7. "BBC - Religions - Islam: War".
  8. Aboul-Enein, H. Yousuf and Zuhur, Sherifa, Islamic Rulings on Warfare, p. 22, Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN 1-4289-1039-5
  9. Tabari, Al (1993). The conquest of Arabia. State University of New York Press. p. 16. ISBN 978-0-7914-1071-4.
  10. Encyclopaedia of Islam (2005), p. 204
  11. El Daly, Okasha (2004). Egyptology: The Missing Millennium : Ancient Egypt in Medieval Arabic Writings. Routledge. p. 18. ISBN 1-84472-063-2.
  12. John of Nikiû (c. 600s). "CXX.72-CXXI.3". Chronicle. Retrieved 2010-03-31.
  13. ^ Judge Weeramantry, Christopher G. (1997). Justice Without Frontiers. Brill Publishers. p. 136. ISBN 90-411-0241-8.
  14. Judge Weeramantry, Christopher G. (1997). Justice Without Frontiers. Brill Publishers. pp. 136–37. ISBN 90-411-0241-8.
  15. Kelsay, J. (March 2003). "Al-Shaybani and the Islamic Law of War". Journal of Military Ethics. 2 (1). Routledge: 63–75. doi:10.1080/15027570310000027. S2CID 143975172.
  16. Aboul-Enein and Zuhur, pp. 12-13
  17. ^ Afsaruddin, Asma (2007). Views of Jihad Throughout History. Religion Compass 1 (1), pp. 165–69.
  18. ^ Ahmed Al-Dawoody (2011), The Islamic Law of War: Justifications and Regulations, pp. 78–9. Palgrave Macmillan. ISBN 9780230111608.
  19. Ibn Najīm, Al-Bahr al-Rā’iq, Vol. 5, p. 76.
  20. Khaled Abou El Fadl, The Rules of Killing at War: An Inquiry into Classical Sources, p. 152. The Muslim World. Volume 89, Issue 2, April 1999. doi: 10.1111/j.1478-1913.1999.tb03675.x
  21. ^ Sachedina, Abdulaziz (1988). The Just Ruler In Shi'ite Islam. Oxford University Press US. p. 106. ISBN 0-19-511915-0.
  22. H.R.H. Prince, Ghazi Muhammad; Ibrahim, Kalin; Mohammad Hashim, Kamali (2013). War and Peace in Islam: The Uses and Abuses of Jihad (PDF). The Islamic Texts Society Cambridge. p. 76. ISBN 978-1-903682-83-8. Archived from the original (PDF) on 2017-07-09. Retrieved 2016-04-21.
  23. ElSayed Amin, Reclaiming Jihad: A Qur'anic Critique of Terrorism, Kube Publishing (2015), pp. 104-106
  24. ^ Dāmād (2003), p.261
  25. Maududi (1967), p. 177, vol. 2
  26. ^ Maududi (1998), p. 36
  27. Mohammad, Noor (1985). "The Doctrine of Jihad: An Introduction". Journal of Law and Religion. 3 (2). St. Paul: Journal of Law and Religion, Inc.: 387. doi:10.2307/1051182. JSTOR 1051182. S2CID 159793899.
  28. Peters, Rudolph (2015). Islam and Colonialism: The Doctrine of Jihad in Modern History. DE GRUYTER MOUTON. p. 20. ISBN 9783110824858 – via De Gruyter.
  29. Ghamid (2001), referring to Sahih Bukhari 3016, and Sahih Bukhari 2613
  30. Ghamidi (2001), referring to Quran 8:47
  31. Dāmād (2003), p. 266
  32. ^ Peters, Rudolph (2015). Islam and Colonialism: The Doctrine of Jihad in Modern History. DE GRUYTER MOUTON. p. 21. ISBN 9783110824858 – via De Gruyter.
  33. Blankinship, Khalid Yahya (2011). "Parity of Muslim and Western Concepts of Just War". The Muslim World. 101 (3): 416. doi:10.1111/j.1478-1913.2011.01384.x. ISSN 1478-1913. In classical Muslim doctrine on war, likewise, genuine non-combatants are not to be harmed. These include women, minors, servants and slaves who do not take part in the fighting, the blind, monks, hermits, the aged, those physically unable to fight, the insane, the delirious, farmers who do not fight, traders, merchants, and contractors. The main criterion distinguishing combatants from non-combatants is that the latter do not fight and do not contribute to the war effort.
  34. ^ Maududi (1998), p. 35
  35. Ali ibn al-Athir, Al-Kamil fi al-Tarikh, Vol. 3, p. 227
  36. Ali (1991), p. 79, quoting Quran 2:190
  37. Ghamidi (2006), refers to Sahih Bukhari 2629
  38. Ghamidi (2001), refers to a hadith "plundered is not better than dead meat " Sahih Bukhari 2705
  39. Salzman, Philip Carl (2008). Culture and Conflict in the Middle East. Humanity Books. p. 142. ISBN 978-1-59102-587-0.
  40. L'ornement des âmes et la devise des habitants d'el Andalus: traité de guerre sainte islamique. 1939. p. 195.
  41. Maududi (1967), p. 151–14, vol. 2
  42. Abu-Nimer(2000-2001), p. 246.
  43. Ali (1991), p. 81
  44. This is the Ayah of the Sword Archived 2007-02-06 at the Wayback Machine by Ibn Kathir
  45. Tafsir of the Qur'an by Ibn Kathir Archived 2005-09-05 at the Wayback Machine
  46. Brunschvig. 'Abd; Encyclopedia of Islam
  47. Ibrahim Syed, Education of Muslims in Kentucky Prisons. Louisville: Islamic Research Foundation International
  48. '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)
  49. Patricia Crone (2004), pp. 371-72
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  51. The Legal Thought of Jalāl Al-Din Al-Suyūṭī: Authority and Legacy, Page 133 Rebecca Skreslet Hernandez
  52. Abi Al-Abbas Ahmed Al-Harrani / Ibn Taymiyyah, Taqi Al-Din (2010). Abdel Qader Atta, Muhammad; Abdel Qader Atta, Mustafa (eds.). الفتاوى الكبرى - فتاوى شيخ الإسلام ابن تيمية 1-6 ج3 [The Great Fatwas - Fatwas of Sheikh Al-Islam Ibn Taymiyyah 1-6 Part 3] (in Arabic). Dar Al Kotob Al Ilmiyah. p. 521. Retrieved 12 December 2021.
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  60. Madelung (1997), p.179
  61. ^ Abou El Fadl, Khaled. . Muslim Lawyers

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