Prisoners of war in Islam
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The rules and regulations concerning prisoners of war in Islam are covered in manuals of Islamic jurisprudence, based upon Islamic teachings, in both the Qur'an and hadith.
The historical legal principles governing the treatment of prisoners of war, in shar'iah, Islamic law, (in the traditional madhabs schools of Islamic jurisprudence), closely mirror the preexisting norms of society during Muhammad's time[citation needed]. 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, freed, ransomed, exchanged for Muslim prisoners, or kept in bondage.[1] 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.[2] Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.[3]
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[edit] History
Historically, Muslims routinely captured large number of prisoners. Aside from those who converted, most were ransomed or enslaved.[4] Pasquier writes,
It was the custom to enslave prisoners of war and the Islamic state would have put itself at a grave disadvantage vis-a-vis its enemies had it not reciprocated to some extent. By guaranteeing them [male POWs] humane treatment, and various possibilities of subsequently releasing themselves, it ensured that a good number of combatants in the opposing armies preferred captivity at the hands of Muslims to death on the field of battle.[5]
According to accounts written by Muhammad's followers, after the Battle of Badr, some prisoners were executed for their earlier crimes in Mecca, but the rest were given options: They could convert to Islam and thus win their freedom; they could pay ransom and win their freedom; they could teach 10 Muslims to read and write and thus win their freedom.[6] 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."[7][verification needed]
During his rule, caliph Umar made it illegal to separate related prisoners of war from each other, after a captive complained to him for being separated from her daughter.[8]
[edit] Treatment of prisoners
Upon capture, 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 76:8-2 of the Quran. The prisoners must be fed in a dignified manner, and must not be forced to beg for their subsistence.[9]
Muhammad's early followers also considered it a principle to not separate prisoners from their relatives.[10]
[edit] Women and children
Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith,[11] but that they may be 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.
[edit] Sex with Women Captives
The Koran says that it is lawful to have sex with those "that your right hand possess" (women captives) according to translations by Yusufali, Pickthal, and Shakir. Although Islamic law does not put an exact limit on the number that can be kept in bondage, according to an interpretation by Maududi it strictly forbids keeping female slaves as a means of sexual enjoyment and luxury.[12] Historically, children of such women could also become slaves.[13]
O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- this only for thee, and not for the Believers (at large); We know what We have appointed for them as to their wives and the captives whom their right hands possess;- in order that there should be no difficulty for thee. And Allah is Oft-Forgiving, Most Merciful. 33:50
[edit] 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,[dubious — see talk page] and one upheld by the Hanafi Maddhab.[14]
However, the opinion of the Maliki, Shafi'i, Hanbali and Jafari Maddhabs is that adult male prisoners of war may be executed.[15] 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 medieval Muslim judge, Sa'id bin Jubair (665-714 AD) and 'Abu Yusuf Ya'qub a classical jurist from the Hanafi school of jurispudence.[16] El Fadl argues the reason Muslim jurists adopted this position was largely because it was consistent with the war practices of the Middle Ages.[17]
[edit] Contemporary opinions
Most contemporary Muslim scholars prohibit altogether the killing of prisoners and hold that this was the policy practiced by Prophet Muhammad.[18][dubious — see talk page] 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.[19]
Yusuf Ali, another 20th century Muslim scholar, while commenting on verse 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.[20]
Maududi further states that Islam forbids torturing, especially by fire, and quotes Muhamamd as saying, "Punishment by fire does not behoove anyone except the Master of the Fire [God]."[21]
[edit] See also
[edit] Notes
- ^ Tafsir of the Qur'an by Ibn Kathir [1]
- ^ Ibrahim Syed, Education of Muslims in Kentucky Prisons. Louisville: Islamic Research Foundation International
- ^ '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)
- ^ (Crone (2004), pp. 371-72)
- ^ Roger DuPasquier. Unveiling Islam. Islamic Texts Society, 1992, p. 104
- ^ Ibrahim B. Syed, Education of Muslims in Kentucky Prisons. Louisville: Islamic Research Foundation International
- ^ [2]
- ^ Naqvi (2000), pg. 456
- ^ Maududi (1967), introduction of Ad-Dahr, "Period of revelation", pg. 159
- ^ Naqvi (2000), pg. 456
- ^ (Patricia Crone. God’s Rule: Government and Islam. New York: Columbia University Press, 2004, pp. 371-72)
- ^ Tafsir of the Qur'an by Maulana Maududi, Vol. IV, exegesis of verse 33:52
- ^ (Annemarie Schimmel. Islam: An Introduction. Albani: State University of New York Press, 1992, p. 67)
- ^ El Fadl (2003), pg. 115
- ^ El Fadl (2003), pg. 116
- ^ '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)
- ^ El Fadl (2003), pg. 115
- ^ Hashmi (2003), pg. 145
- ^ Maududi (1998), p. 34
- ^ Ali (1991), p. 498
- ^ Maududi (1998), p. 34
[edit] References
- Ali, Abdullah Yusuf (1991). The Holy Quran. Medina: King Fahd Holy Qur-an Printing Complex.
- Brockopp, Jonathan E.; Hashmi, Sohail; El Fadl; (2003). Islamic Ethics of Life. Columbia: University of South California Press. ISBN 1-57003-471-0.
- Maududi, Sayyid Abul Ala (1967). The Meaning of the Quran. Lahore: Islamic publications.
- Maududi, Sayyid Abul Ala (1998). Human Rights in Islam. Islamabad: Da'wah Academy.
