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The rules of war in Islam are the basic religious laws of war governing the military conduct of the mujahideen (Muslim struggler). These rules are part of a broader Islamic military doctrine encompassed by what Muslims call "Lesser Jihad" or what most westerners mistranslate 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.
No belligerence
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:
- 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)
It is interesting to mention that when Muslims fought the Romans in Egypt, the Egyptian Copts sided with and helped Muslims against the Romans who were Christians like them. This was because Christian Egypt was suffering religious oppression by the Christian Romans to compel them to adopt their religious beliefs.
One of the earliest actions of the Muslims in Egypt was the assurance of religious freedom and the reinstatement of Bejamin as Bishop of Alexandria after years of hiding from the Romans in the western desert.Likewise, during the rule of Umar , when the Muslims informed the people of Damascus 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 Romans who share our religion."
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 Umar, 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.’’
War Ethics in Islam
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.
These are the rights that Islam confers on combatants:
- 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.
Civilians and property
According to Quran , 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:
- Fight in the way of Allah against those who fight against you, but begin not hostilities. Lo! Allah loveth not, aggressors.(2:190)’’
Quran also asks Muslims to maintain Justice and avoid blind retaliation . In the words of Quran:
- ’’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) ‘’
In one of the battles, a woman was found killed, and this was denounced by the Prophet saying "She did not fight" Prophet Muhammad used to instruct his commanding chiefs saying:
- ’’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. ‘’
Abu Bakr instructed Osama before the Campaign on Syria:
- ’’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.’’
Abu Bakr Instructed to Yazid ibn-Abi Sufian:
- ’’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.’’
Inside Battlefield
Personal Behavior of the Troops
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:
- ’’Beware of the prayer of the oppressed; for there is no barrier between it and Allah.''
Medical and Nursing Services
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.
In quoting this particular example, one dare say that such an attitude was quite different to the behavior characterizing the invading crusaders. When the crusaders entered Jerusalem 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 (Draper/History of the Intellectual Development of Europe, 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 Geneva Convention, 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)
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.
William Muir 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
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. Al-Hasan Al-Basri, 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 Allah's words:
- ’’So when the sacred months have passed away, then slay the idolaters wherever you find them (At-Tawbah: 5).’’
A third point of view, mainly from At-Tabarani, 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 Makkah, 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.
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-Tawbah."
Respect of International Laws , Treaties and Agreements
The process of active intervention to stop or remove aggression is a development that modem international law has recognized.
The Second World War for example was sparked by Germany'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 United Nations 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:
- ’’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)’’
Islam 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 Qur’an reads:
- ’’O ye who believe! Fulfil your undertakings… (Al-Maidah: 1) ‘’
- ’’Fulfill the covenant of God 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)’’
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.
- “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.
- ’’“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) ‘’