Upon capture, the prisoners must be guarded and not ill-treated. Islamic law holds that the prisoners must be fed and clothed, either by the Islamic government or by the individual who has custody of the prisoner. This position is supported by the verse [Quran 76:8] of the Quran. The prisoners must be fed in a dignified manner, and must not be forced to beg for their subsistence.[Muhammad's early followers also considered it a principle to not separate prisoners from their relatives.
After the fighting is over, prisoners are to be released, with some prospect of survival, or ransomed. The freeing or ransoming of prisoners by Muslims themselves is highly recommended as a charitable act. The Qur'an also urges kindness to captives and recommends, their liberation by purchase or manumission. The freeing of captives is recommended both for the expiation of sins and as an act of simple benevolence.
Women and children
Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith,[18] but that they may be enslaved, freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage and referred to as ma malakat aymanukum (slaves).
Men
There has been disagreement whether adult male prisoners of war may be executed. One traditional opinion holds that executing prisoners of war is strictly forbidden; this is the most-widely accepted view, and one upheld by the Hanafi madhab.
However, the opinion of the Maliki, Shafi'i, Hanbali and Jafari madhabs is that adult male prisoners of war may be executed. Conventionally, execution was conditional on the reasonable belief that male prisoners would pose a genuine and immediate threat to the Muslim community if allowed to live. The decision for an execution is to be made by the Muslim leader. This opinion was also upheld by the Muslim judge, Sa'id bin Jubair (665-714 AD) and 'Abu Yusuf Ya'qub a classical jurist from the Hanafi school of jurispudence.[3] El Fadl argues the reason Muslim jurists adopted this position was largely because it was consistent with the war practices of the Middle Ages.
Most contemporary Muslim scholars prohibit altogether the killing of prisoners and hold that this was the policy practiced by Prophet Muhammad. The 20th century Muslim scholar, Sayyid Abul Ala Maududi states that no prisoner should be "put to the sword" in accordance with a saying of Muhammad.
Yusuf Ali, another 20th century Muslim scholar, while commenting on verse [Quran 9:6], writes,
Even those the enemies of Islam, actively fighting against Islam, there may be individuals who may be in a position to require protection. Full asylum is to be given to them, and opportunities provided for hearing the Word of Allah...If they do not see their way to accept Islam, they will require double protection: (1) from the Islamic forces openly fighting against their people, and (2) from their own people, as they detached themselves from them. Both kinds of protection should be ensured for them, and they should be safely escorted to a place where they can be safe.
Maududi further states that Islam forbids torturing, especially by fire, and quotes Muhamad as saying, "Punishment by fire does not behoove anyone except the Master of the Fire [God].
After the fighting is over, prisoners are to be released, with some prospect of survival, or ransomed. The freeing or ransoming of prisoners by Muslims themselves is highly recommended as a charitable act. The Qur'an also urges kindness to captives and recommends, their liberation by purchase or manumission. The freeing of captives is recommended both for the expiation of sins and as an act of simple benevolence.
Women and children
Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith,[18] but that they may be enslaved, freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage and referred to as ma malakat aymanukum (slaves).
Men
There has been disagreement whether adult male prisoners of war may be executed. One traditional opinion holds that executing prisoners of war is strictly forbidden; this is the most-widely accepted view, and one upheld by the Hanafi madhab.
However, the opinion of the Maliki, Shafi'i, Hanbali and Jafari madhabs is that adult male prisoners of war may be executed. Conventionally, execution was conditional on the reasonable belief that male prisoners would pose a genuine and immediate threat to the Muslim community if allowed to live. The decision for an execution is to be made by the Muslim leader. This opinion was also upheld by the Muslim judge, Sa'id bin Jubair (665-714 AD) and 'Abu Yusuf Ya'qub a classical jurist from the Hanafi school of jurispudence.[3] El Fadl argues the reason Muslim jurists adopted this position was largely because it was consistent with the war practices of the Middle Ages.
Most contemporary Muslim scholars prohibit altogether the killing of prisoners and hold that this was the policy practiced by Prophet Muhammad. The 20th century Muslim scholar, Sayyid Abul Ala Maududi states that no prisoner should be "put to the sword" in accordance with a saying of Muhammad.
Yusuf Ali, another 20th century Muslim scholar, while commenting on verse [Quran 9:6], writes,
Even those the enemies of Islam, actively fighting against Islam, there may be individuals who may be in a position to require protection. Full asylum is to be given to them, and opportunities provided for hearing the Word of Allah...If they do not see their way to accept Islam, they will require double protection: (1) from the Islamic forces openly fighting against their people, and (2) from their own people, as they detached themselves from them. Both kinds of protection should be ensured for them, and they should be safely escorted to a place where they can be safe.
Maududi further states that Islam forbids torturing, especially by fire, and quotes Muhamad as saying, "Punishment by fire does not behoove anyone except the Master of the Fire [God].
.jpg)
.png)
.png)
0 comments:
Post a Comment