Rules of war in Islam
Encyclopedia
Islamic military jurisprudence refers to what has been accepted in Sharia
(Islamic law) and Fiqh
(Islamic jurisprudence) by Ulama
(Islamic scholars) as the correct Islam
ic manner which is expected to be obeyed by Muslim
s in times of war.
. These rulings evolved in accordance with the interpretations of the Qur'an
(the Muslim Holy scriptures) and Hadith
(the recorded traditions of Muhammad). The key themes in these rulings were the justness
of war, and the injunction to jihad. The rulings do not cover feud
s and armed conflicts in general.
Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the Mecca
n 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 (Dar al-Harb).
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.
.
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
:
According to Tabari
, the ten bits of "advise" that Abu Bakr gave was during the Expedition of Usama bin Zayd
.Imam Shaffi
(founder of the Shaffi school of thought) reportedly did not consider the tradition, about the 10 rules of Abu Bakr as authentic. Abu Yusuf
also countered the tradition about the instructions of Abu Bakr with hadith which claimed Abu Bakr ordered his commanders to lay waste to every village where he did not hear the call to prayer. 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
, hadith
s attributed to Muhammad himself suggest that he stated the following regarding the Muslim conquest of Egypt
that eventually took place after his death:
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:
The principles established by the early Caliphs were also honoured during the Crusades
, as exemplified by Sultan
s 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:
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 diplomat
s, hostage
s, refugee
s and prisoners of war; the right of asylum
; conduct on the battlefield
; protection of women, children and non-combatant
civilian
s; contract
s across the lines of battle; the use of poisonous weapons; and devastation of enemy territory.
, but rather enlist of their free will, and with the permission of their family.
Traditionally, "adults" have been defined as post-pubescent
individuals above the age of 15.
Some scholars argue that war may only be legitimate if Muslims have at least half the power of the enemy (and thus capable of winning it). Other Islamic scholars consider this command only for a particular time.
school of thought holds that war can only be launched against a state that had resorted to armed conflict against the Muslims. War, according to the Hanafis, can't simply be made on the account of nation's religion. Sheikh Abdullah Azzam considers the defense by Muslims of their territory as one of the foremost obligations after faith. 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.
(d. 820), founder of the Shafi'i
school of thought, was the first to permit offensive jihad. He limited this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims.
Javed Ahmad Ghamidi believes that after Muhammad
and his companions
, there is no concept in Islam obliging Muslims to wage war for propagation or implementation of Islam. The only valid basis for military jihad is to end oppression when all other measures have failed. Islam only allows jihad to be conducted by a government
.
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 in the latter part of Muhammad's career require Muslims to wage jihad against unbelievers. This has been complicated by the early Muslim wars of expansion
, 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
".
.
commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise attack
s 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.
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 recognized. 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 spear
s, since it inflicts unnecessary pain.
According to all Muslim scholars it is not permissible to kill women or children unless they are fighting against the Muslims.
According to Shaffi it is permissible to kill all types of adult men.
According to Hanafi and Hanbali and Maliki it is not permissible to kill old men and monks and peasants and employees and traders(this meaning male non-combatants).
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 travellers, 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.
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.
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). 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".
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 and referred to as ma malakat aymanukum
,dispute however exist among scholars on its interpretation. Islamic law does not put an exact limit on the number that can be kept in bondage. It strictly forbids keeping female slaves as a means of sexual enjoyment and luxury according to the Islamic scholar Maududi.
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 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, assault
s 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. Further, rebels who committed acts of terrorism
were granted no quarter.
Abu Yusuf Yaqub ibn Ibrahim al-Ansari
(d. 798) was a student of legist
Abu Hanifah and helped spread the influence of the Hanafi school. He was appointed Qadi
(judge) in Baghdad
, Iraq
, and later chief justice (qadi al-qudat) under Abbasid
caliph
Harun al-Rashid
. He writes about Jihad:
According to the famous Muslim law book of the Shafi jurisprudence, Umdat al-Salik wa Uddat al-Nasik
(the reliance of the traveller), the rules of warfare are as follows:
Ibn Qudamah
(1147–1223) was a noted Islamic scholar of the Hanbali madhhab, author of many treatises of Hanbali jurisprudence and doctrine, including al-Mughni (the most widely known textbook of Hanbali fiqh). He writes about Jihad:
Ibn Rushd (Averroes) (1126–1198) was an Andalusian Muslim polymath; a master of Islamic philosophy, Islamic theology, Maliki law and jurisprudence. He was born in Cordoba, Spain, and he died in Marrakech, Morocco. He writes about Jihad in his book "Al-Bidayah"
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(Islamic law) and Fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
(Islamic jurisprudence) by Ulama
Ulama
-In Islam:* Ulema, also transliterated "ulama", a community of legal scholars of Islam and its laws . See:**Nahdlatul Ulama **Darul-uloom Nadwatul Ulama **Jamiatul Ulama Transvaal**Jamiat ul-Ulama -Other:...
(Islamic scholars) as the correct Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic manner which is expected to be obeyed by Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s in times of war.
Development of rulings
The first military rulings were formulated during the first century after Muhammad established an Islamic state in MedinaHijra (Islam)
The Hijra is the migration or journey of the Islamic prophet Muhammad and his followers from Mecca to Medina in 622 CE. Alternate spellings of this Arabic word are Hijrah, Hijrat or Hegira, the latter following the spelling rules of Latin.- Hijra of Muhammad :In September 622, warned of a plot to...
. These rulings evolved in accordance with the interpretations of the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
(the Muslim Holy scriptures) and Hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
(the recorded traditions of Muhammad). The key themes in these rulings were the justness
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
of war, and the injunction to jihad. The rulings do not cover feud
Feud
A feud , referred to in more extreme cases as a blood feud, vendetta, faida, or private war, is a long-running argument or fight between parties—often groups of people, especially families or clans. Feuds begin because one party perceives itself to have been attacked, insulted or wronged by another...
s and armed conflicts in general.
Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the Mecca
Mecca
Mecca is a city in the Hijaz and the capital of Makkah province in Saudi Arabia. The city is located inland from Jeddah in a narrow valley at a height of above sea level...
n Quraish against Muslims. It was interpreted as the struggle in God
Allah
Allah is a word for God used in the context of Islam. In Arabic, the word means simply "God". It is used primarily by Muslims and Bahá'ís, and often, albeit not exclusively, used by Arabic-speaking Eastern Catholic Christians, Maltese Roman Catholics, Eastern Orthodox Christians, Mizrahi Jews and...
's cause to be conducted by the Muslim community
Ummah
Ummah is an Arabic word meaning "community" or "nation." It is commonly used to mean either the collective nation of states, or the whole Arab world...
. Injunctions relating to jihad have been characterized as individual as well as collective duties of the Muslim community
Ummah
Ummah is an Arabic word meaning "community" or "nation." It is commonly used to mean either the collective nation of states, or the whole Arab world...
. 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
Dar al-Islam
The idea of geographical divisions along religious lines i.e. the dur is neither mentioned in the Qur'an nor in the sayings of the Prophet , which are considered the primary sources in Islamic jurisprudence...
) and non-Muslim lands (Dar al-Harb).
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
Muslim world
The term Muslim world has several meanings. In a religious sense, it refers to those who adhere to the teachings of Islam, referred to as Muslims. In a cultural sense, it refers to Islamic civilization, inclusive of non-Muslims living in that civilization...
) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems.
Ethics of warfare
The basic principle in fighting in the Qur'an is that other communities should be treated as one's own. 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. The principle of forgiveness is reiterated in between the assertions of the right to self-defenseSelf-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
.
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
Caliph
The Caliph is the head of state in a Caliphate, and the title for the ruler of the Islamic Ummah, an Islamic community ruled by the Shari'ah. It is a transcribed version of the Arabic word which means "successor" or "representative"...
, Abu Bakr
Abu Bakr
Abu Bakr was a senior companion and the father-in-law of the Islamic prophet Muhammad. He ruled over the Rashidun Caliphate from 632-634 CE when he became the first Muslim Caliph following Muhammad's death...
, in the form of ten rules for the Muslim army
Rashidun army
The Rashidun Caliphate Army or Rashidun army was the primary military body of the Rashidun Caliphate's armed forces during the Muslim conquests of the 7th century, serving alongside the Rashidun Navy...
:
According to Tabari
Muhammad ibn Jarir al-Tabari
Abu Ja'far Muhammad ibn Jarir al-Tabari was a prominent and influential Sunni scholar and exegete of the Qur'an from Persia...
, the ten bits of "advise" that Abu Bakr gave was during the Expedition of Usama bin Zayd
Expedition of Usama bin Zayd
The Expedition of Usama bin Zayd also known as the Army of Usama ibn Zaid to al-Balqa, took place in 11AH of the Islamic calender, in May 632. Usama ibn Zayd was appointed as the commander of an expeditionary force which was to invade Palestine again , on the orders of Muhammad...
.Imam Shaffi
Muhammad ibn Idris ash-Shafi`i
Abū ʿAbdullāh Muhammad ibn Idrīs al-Shafiʿī was a Muslim jurist, who lived from 767 CE to 820 CE. He was active in juridical matters and his teaching eventually led to the Shafi'i school of fiqh named after him. Hence he is often called Imam al-Shafi'i...
(founder of the Shaffi school of thought) reportedly did not consider the tradition, about the 10 rules of Abu Bakr as authentic. Abu Yusuf
Abu Yusuf
Yaqub ibn Ibrahim al-Ansari, better known as Abu Yusuf was a student of legist Abu Hanifah who helped spread the influence of the Hanafi school of Islamic law through his writings and the government positions he held.-Biography:...
also countered the tradition about the instructions of Abu Bakr with hadith which claimed Abu Bakr ordered his commanders to lay waste to every village where he did not hear the call to prayer. During the Battle of Siffin
Battle of Siffin
The Battle of Siffin occurred during the First Fitna, or first Muslim civil war, with the main engagement taking place from July 26 to July 28. It was fought between Ali ibn Abi Talib and Muawiyah I, on the banks of the Euphrates river, in what is now Ar-Raqqah, Syria...
, the Caliph Ali
Ali
' |Ramaḍān]], 40 AH; approximately October 23, 598 or 600 or March 17, 599 – January 27, 661).His father's name was Abu Talib. Ali was also the cousin and son-in-law of the Islamic prophet Muhammad, and ruled over the Islamic Caliphate from 656 to 661, and was the first male convert to Islam...
stated that Islam does not permit Muslims to stop the supply of water to their enemy. In addition to the Rashidun Caliphs
Rashidun Caliphate
The Rashidun Caliphate , comprising the first four caliphs in Islam's history, was founded after Muhammad's death in 632, Year 10 A.H.. At its height, the Caliphate extended from the Arabian Peninsula, to the Levant, Caucasus and North Africa in the west, to the Iranian highlands and Central Asia...
, hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
s attributed to Muhammad himself suggest that he stated the following regarding the Muslim conquest of Egypt
Muslim conquest of Egypt
At the commencement of the Muslims conquest of Egypt, Egypt was part of the Byzantine Empire with its capital in Constantinople. However, it had been occupied just a decade before by the Persian Empire under Khosrau II...
that eventually took place after his death:
These principles were upheld by 'Amr ibn al-'As
'Amr ibn al-'As
`Amr ibn al-`As was an Arab military commander who is most noted for leading the Muslim conquest of Egypt in 640. A contemporary of Muhammad, and one of the Sahaba , who rose quickly through the Muslim hierarchy following his conversion to Islam in the year 8 AH...
during his conquest of Egypt. A Christian contemporary in the 7th century, John of Nikiû
John of Nikiû
John of Nikiû was an Egyptian Coptic bishop of Nikiû/Pashati in the Nile Delta and appointed general administrator of the monasteries of Upper Egypt in 696...
, stated the following regarding the conquest of Alexandria
Alexandria
Alexandria is the second-largest city of Egypt, with a population of 4.1 million, extending about along the coast of the Mediterranean Sea in the north central part of the country; it is also the largest city lying directly on the Mediterranean coast. It is Egypt's largest seaport, serving...
by 'Amr:
The principles established by the early Caliphs were also honoured during the Crusades
Crusades
The Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...
, as exemplified by Sultan
Sultan
Sultan is a title with several historical meanings. Originally, it was an Arabic language abstract noun meaning "strength", "authority", "rulership", and "dictatorship", derived from the masdar سلطة , meaning "authority" or "power". Later, it came to be used as the title of certain rulers who...
s such as Saladin
Saladin
Ṣalāḥ ad-Dīn Yūsuf ibn Ayyūb , better known in the Western world as Saladin, was an Arabized Kurdish Muslim, who became the first Sultan of Egypt and Syria, and founded the Ayyubid dynasty. He led Muslim and Arab opposition to the Franks and other European Crusaders in the Levant...
and Al-Kamil
Al-Kamil
Al-Kamil was a Kurdish Ayyubid sultan who ruled North Africa. During his tenure as sultan, the Ayyubids defeated two crusades. In a temporary agreement with the Crusaders, he ceded Jerusalem to the Christians.-Biography:He was the son of sultan al-Adil, a brother of Saladin...
. For example, after Al-Kamil defeated the Franks
Franks
The Franks were a confederation of Germanic tribes first attested in the third century AD as living north and east of the Lower Rhine River. From the third to fifth centuries some Franks raided Roman territory while other Franks joined the Roman troops in Gaul. Only the Salian Franks formed a...
during the Crusades
Crusades
The Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...
, Oliverus Scholasticus praised the Islamic laws of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
, commenting on how Al-Kamil supplied the defeated Frankish army with food:
The early Islamic treatises on international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
from the 9th century onwards covered the application of Islamic ethics
Islamic ethics
Islamic ethics , defined as "good character," historically took shape gradually from the 7th century and was finally established by the 11th century...
, 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 diplomat
Diplomat
A diplomat is a person appointed by a state to conduct diplomacy with another state or international organization. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and...
s, hostage
Hostage
A hostage is a person or entity which is held by a captor. The original definition meant that this was handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war...
s, refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
s and prisoners of war; the right of asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
; conduct on the battlefield
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
; protection of women, children and non-combatant
Non-combatant
Non-combatant is a term in the law of war describing civilians not taking a direct part in hostilities, as well as persons such as medical personnel and military chaplains who are regular soldiers but are protected because of their function as well as soldiers who are hors de combat ; that is, sick,...
civilian
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
s; contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s 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 conscriptedConscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
, but rather enlist of their free will, and with the permission of their family.
Traditionally, "adults" have been defined as post-pubescent
Puberty
Puberty is the process of physical changes by which a child's body matures into an adult body capable of reproduction, as initiated by hormonal signals from the brain to the gonads; the ovaries in a girl, the testes in a boy...
individuals above the age of 15.
Legitimacy of war
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 enemy hostile behavior cease, then the reason for engaging such enemy also lapses.Some scholars argue that war may only be legitimate if Muslims have at least half the power of the enemy (and thus capable of winning it). Other Islamic scholars consider this command only for a particular time.
Defensive conflict
The HanafiHanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...
school of thought holds that war can only be launched against a state that had resorted to armed conflict against the Muslims. War, according to the Hanafis, can't simply be made on the account of nation's religion. Sheikh Abdullah Azzam considers the defense by Muslims of their territory as one of the foremost obligations after faith. Abdulaziz Sachedina
Abdulaziz Sachedina
Abdulaziz Sachedina is the Frances Myers Ball Professor of Religious Studies at the University of Virginia, teaching mainly subjects associated with Islam. He has been a professor for 33 years, beginning in 1975. He annually teaches courses on Classical Islam, Islam in the Modern Age, Islam,...
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`iMuhammad ibn Idris ash-Shafi`i
Abū ʿAbdullāh Muhammad ibn Idrīs al-Shafiʿī was a Muslim jurist, who lived from 767 CE to 820 CE. He was active in juridical matters and his teaching eventually led to the Shafi'i school of fiqh named after him. Hence he is often called Imam al-Shafi'i...
(d. 820), founder of the Shafi'i
Shafi'i
The Shafi'i madhhab is one of the schools of fiqh, or religious law, within the Sunni branch of Islam. The Shafi'i school of fiqh is named after Imām ash-Shafi'i.-Principles:...
school of thought, was the first to permit offensive jihad. He limited this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims.
Javed Ahmad Ghamidi believes that after Muhammad
Muhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
and his companions
Sahaba
In Islam, the ' were the companions, disciples, scribes and family of the Islamic prophet...
, there is no concept in Islam obliging Muslims to wage war for propagation or implementation of Islam. The only valid basis for military jihad is to end oppression when all other measures have failed. Islam only allows jihad to be conducted by a government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
.
According to Abdulaziz Sachedina
Abdulaziz Sachedina
Abdulaziz Sachedina is the Frances Myers Ball Professor of Religious Studies at the University of Virginia, teaching mainly subjects associated with Islam. He has been a professor for 33 years, beginning in 1975. He annually teaches courses on Classical Islam, Islam in the Modern Age, Islam,...
, offensive jihad
Offensive jihad
Offensive Jihad is armed Jihad meant to expand the realm of Islam at the expense of the House of War . Although these world divisions was derived by jurists, they are not mentioned in the Qur'an and hadith....
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 in the latter part of Muhammad's career require Muslims to wage jihad against unbelievers. This has been complicated by the early Muslim wars of expansion
Muslim conquests
Muslim conquests also referred to as the Islamic conquests or Arab conquests, began with the Islamic prophet Muhammad. He established a new unified polity in the Arabian Peninsula which under the subsequent Rashidun and Umayyad Caliphates saw a century of rapid expansion of Muslim power.They...
, 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
People of the Book
People of the Book is a term used to designate non-Muslim adherents to faiths which have a revealed scripture called, in Arabic, Al-Kitab . The three types of adherents to faiths that the Qur'an mentions as people of the book are the Jews, Sabians and Christians.In Islam, the Muslim scripture, the...
".
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 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 traditionSunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
.
Declaration of war
The Qur'anQur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise attack
Military strike
A military strike is a limited attack on a specified target. Strikes are used, amongst other things, to render facilities inoperable , to assassinate enemy leaders, and to limit supply to enemy troops. A strike can often be the prelude to a war or siege, whose initial strike is for a strategic or...
s are illegal under the Islamic jurisprudence. The Qur'an had similarly commanded Muhammad to give his enemies, who had violated the Treaty of Hudaybiyyah
Treaty of Hudaybiyyah
The Treaty of Hudaybiyyah is the treaty that took place between the state of Medina and the Quraishi tribe of Mecca in March 628CE .-Background:...
, 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
Religious persecution
Religious persecution is the systematic mistreatment of an individual or group of individuals as a response to their religious beliefs or affiliations or lack thereof....
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 exceptions to such combat. Torturing the enemy, and burning the combatants alive is strictly prohibited. The mutilation of dead bodies is also 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
Chemical warfare
Chemical warfare involves using the toxic properties of chemical substances as weapons. This type of warfare is distinct from Nuclear warfare and Biological warfare, which together make up NBC, the military acronym for Nuclear, Biological, and Chemical...
or biological warfare
Biological warfare
Biological warfare is the use of biological toxins or infectious agents such as bacteria, viruses, and fungi with intent to kill or incapacitate humans, animals or plants as an act of war...
were developed by medieval Islamic jurists as these threats were not recognized. 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 spear
Spear
A spear is a pole weapon consisting of a shaft, usually of wood, with a pointed head.The head may be simply the sharpened end of the shaft itself, as is the case with bamboo spears, or it may be made of a more durable material fastened to the shaft, such as flint, obsidian, iron, steel or...
s, since it inflicts unnecessary pain.
Civilian areas
Islam expressly prohibits the killing of non-combatants.According to all Muslim scholars it is not permissible to kill women or children unless they are fighting against the Muslims.
According to Shaffi it is permissible to kill all types of adult men.
According to Hanafi and Hanbali and Maliki it is not permissible to kill old men and monks and peasants and employees and traders(this meaning male non-combatants).
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 travellers, as doing so is contrary to the spirit of jihad
Jihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
. 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.
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). 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
Ibn Kathir
Ismail ibn Kathir was a Muslim muhaddith, Faqih, historian, and commentator.-Biography:His full name was Abu Al-Fida, 'Imad Ad-Din, Isma'il bin 'Umar bin Kathir, Al-Qurashi, Al-Busrawi...
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
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, 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 and referred to as ma malakat aymanukum
Ma malakat aymanukum
Ma malakat aymanukum is a reference in the Qur'an to slaves.-Overview:The term itself is normally considered to refer to prisoners of war, or more broadly to slaves in general, according to the classic tafsirs...
,dispute however exist among scholars on its interpretation. Islamic law does not put an exact limit on the number that can be kept in bondage. It strictly forbids keeping female slaves as a means of sexual enjoyment and luxury according to the Islamic scholar Maududi.
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
Battle of Bassorah
The Battle of Bassorah was a battle that took place at Basra, Iraq in 656 between forces allied to Ali ibn Abi Talib and forces allied to Aisha , who wanted justice on the...
. In this engagement, Ali
Ali
' |Ramaḍān]], 40 AH; approximately October 23, 598 or 600 or March 17, 599 – January 27, 661).His father's name was Abu Talib. Ali was also the cousin and son-in-law of the Islamic prophet Muhammad, and ruled over the Islamic Caliphate from 656 to 661, and was the first male convert to Islam...
(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 their legal Muslim heirs.
Different views regarding armed rebellion
Insurgency
An insurgency is an armed rebellion against a constituted authority when those taking part in the rebellion are not recognized as belligerents...
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
Islamic Golden Age
During the Islamic Golden Age philosophers, scientists and engineers of the Islamic world contributed enormously to technology and culture, both by preserving earlier traditions and by adding their own inventions and innovations...
jurists, however, laid down severe penalties for rebels who use "stealth attacks" and "spread terror
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
". In this category, Muslim jurists included abductions
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, poisoning of water wells, arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
, attacks against wayfarers and travellers, assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
s under the cover of night and rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
. The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator. Further, rebels who committed acts of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
were granted no quarter.
Hanafi
Abu Yusuf Yaqub ibn Ibrahim al-Ansari
Abu Yusuf
Yaqub ibn Ibrahim al-Ansari, better known as Abu Yusuf was a student of legist Abu Hanifah who helped spread the influence of the Hanafi school of Islamic law through his writings and the government positions he held.-Biography:...
(d. 798) was a student of legist
Legist
The term Legist, from the Latin lex 'law', literally denotes any expert or student of law.It was especially used since the Carolingian dynasty for royal councillors who advised the monarch in legal matters, and specifically helped base its absolutist ambitions on Roman Law...
Abu Hanifah and helped spread the influence of the Hanafi school. He was appointed Qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
(judge) in Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, and later chief justice (qadi al-qudat) under Abbasid
Abbasid
The Abbasid Caliphate or, more simply, the Abbasids , was the third of the Islamic caliphates. It was ruled by the Abbasid dynasty of caliphs, who built their capital in Baghdad after overthrowing the Umayyad caliphate from all but the al-Andalus region....
caliph
Caliph
The Caliph is the head of state in a Caliphate, and the title for the ruler of the Islamic Ummah, an Islamic community ruled by the Shari'ah. It is a transcribed version of the Arabic word which means "successor" or "representative"...
Harun al-Rashid
Harun al-Rashid
Hārūn al-Rashīd was the fifth Arab Abbasid Caliph in Iraq. He was born in Rey, Iran, close to modern Tehran. His birth date remains a point of discussion, though, as various sources give the dates from 763 to 766)....
. He writes about Jihad:
Shaffi
According to the famous Muslim law book of the Shafi jurisprudence, Umdat al-Salik wa Uddat al-Nasik
Umdat al-Salik wa Uddat al-Nasik
Umdat as-Salik wa 'Uddat an-Nasik is a classical manual of fiqh for the Shafi'i school of Islamic jurisprudence...
(the reliance of the traveller), the rules of warfare are as follows:
Hanbali
Ibn Qudamah
Ibn Qudamah
Imam Mawaffaq ad-Din Abdullah Ibn Ahmad Ibn Qudama al-Maqdisi was a noted Islamic scholar of the Hanbali madhhab, author of many treatises of Hanbali jurisprudence and doctrine, including al-Mughni as well as Tahrim an-Nazar Imam Mawaffaq ad-Din Abdullah Ibn Ahmad Ibn Qudama al-Maqdisi (Arabic...
(1147–1223) was a noted Islamic scholar of the Hanbali madhhab, author of many treatises of Hanbali jurisprudence and doctrine, including al-Mughni (the most widely known textbook of Hanbali fiqh). He writes about Jihad:
Maliki
Ibn Rushd (Averroes) (1126–1198) was an Andalusian Muslim polymath; a master of Islamic philosophy, Islamic theology, Maliki law and jurisprudence. He was born in Cordoba, Spain, and he died in Marrakech, Morocco. He writes about Jihad in his book "Al-Bidayah"
See also
- Geneva ConventionsGeneva ConventionsThe Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
- Hague conventionsHague Conventions (1899 and 1907)The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...
- Rule of Law in Armed Conflicts Project (RULAC)Rule of Law in Armed Conflicts Project (RULAC)The Rule of Law in Armed Conflicts Project is an initiative of the to support the application and implementation of the international law of armed conflict.-Overview:...
- Itmaam-i-hujjatItmaam-i-hujjatItmām al-hujjah is an Islamic concept denoting that religious truth has been completely clarified by a Messenger of Allah and made available to a people, who are considered to have no excuse to deny it.-Role of a Messenger:The concept of Itmām al-hujjah requires that religious truth...
- JihadJihadJihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
- Laws of warLaws of warThe law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
- Opinion of Islamic scholars on JihadOpinion of Islamic scholars on JihadJihad connotes a wide range of meanings: anything from an inward spiritual struggle to attain perfect faith to a political or military struggle. This article presents opinions of different scholars on Jihad.- Classification by Islamic scholars :...
External links
- Islamic Texts on the rules of war
- The Qur'an and War: Observations on Islamic Just War
- Defending The Transgressed By Censuring The Reckless Against The Killing Of Civilians
- Islam Q&A: Treatment of prisoners-of-war in Islam
- Islamtoday.net: Islamic Law and Prisoners of War
- Directives of Islam Regarding Jihad
- The Rules of War According to Islam - hWeb.org.uk
- Does the Quran Really Sanction Violence Against 'Unbelievers'? by Shaikh Kabir HelminskiKabir HelminskiKabir Helminski is the Co-Director of the Threshold Society , a non-profit educational foundation that has developed programs that provide a structure for practice and study within Sufism and spiritual psychology...
, The Huffington PostThe Huffington PostThe Huffington Post is an American news website and content-aggregating blog founded by Arianna Huffington, Kenneth Lerer, and Jonah Peretti, featuring liberal minded columnists and various news sources. The site offers coverage of politics, theology, media, business, entertainment, living, style,... - Jihad and the Islamic Law of War