Islamic views on prisoners of war: Difference between revisions
apart from a few wording problems, i see no problem with it. the source is reasonable. rm irrelevant and recentist sect. |
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'''Prisoners rights in Islam''' refer to the human rights as prisoners based on [[Islam]]ic teachings, in both the [[Qur'an]] and [[hadith]]. |
'''Prisoners rights in Islam''' refer to the human rights as prisoners based on [[Islam]]ic teachings, in both the [[Qur'an]] and [[hadith]]. |
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==Treatment |
==Treatment of prisoners== |
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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 pre-existing norms of society during Muhammad's time{{fact}}. 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.<ref>[[Tafsir]] of the [[Qur'an]] by [[Ibn Kathir]] [http://users.mo-net.com/mcruzan/pows_02.htm#study1a]</ref> In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write.<ref>Ibrahim Syed, ''[http://www.irfi.org/articles/articles_1_50/education_of_muslims_in_kentucky.htm Education of Muslims in Kentucky Prisons]''. Louisville: Islamic Research Foundation International</ref> Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.<ref>'Abu Yusuf Ya'qub Le Livre de l'impot foncier,' translated from Arabic and annotated by Edmond Fagnan, Paris, Paul Geuthner, 1991, pages 301-302) Abu Yusuf (d. 798 CE)</ref> |
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During the time of Prophet Muhammad, the Muslims are given a set of standards for dealing with captive enemies. It is believed during this time that Islam sets a basic rule that the captured prisoners are "to be healed when wounded and not to be harmed during captivity". <ref name="prisoners">http://www.islamonline.net/english/introducingislam/politics/System/article05.shtml#1</ref>{{Verify source}}, The Qur'an and hadith does not mention anything about certain forms of punishment that are justified for prisoners, but rather prisoners of war should be freed at all costs, either by accepting ransom or as a favour by not taking any ransom money. No other option was available to the Muslims. (Qur'an {{quran-usc|47|4}}) Prisoners are not to be humiliated or degraded in any way, in which they have the right to maintain their human dignity and be protected from sexual, emotional and physical abuse. <ref name="">http://www.islamonline.net/english/introducingislam/politics/System/article05.shtml#1</ref>{{Verify source}} |
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Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith, <ref>(Patricia Crone. God’s Rule: Government and Islam. New York: Columbia University Press, 2004, pp. 371-72)</ref> 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]]''. Although 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.<ref>[[Tafsir]] of the Qur'an by Maulana [[Maududi]], Vol. IV, exegesis of verse 33:52</ref> Historically, children of such women could also become slaves.<ref>([[Annemarie Schimmel]]. Islam: An Introduction. Albani: State University of New York Press, 1992, p. 67)</ref> |
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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 {{quran-usc-range|76|8}} of the [[Quran]]. The prisoners must be fed in a dignified manner, and must not be forced to beg for thier subsistence.<ref>Maududi (1967), introduction of [[Ad-Dahr]], "Period of revelation", pg. 159</ref> |
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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 [[Maddhab]].<ref>El Fadl (2003), pg. 115</ref> |
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However, the opinion of the [[Maliki]], [[Shafi'i]], [[Hanbali]] and [[Jafari]] [[madhabs|Maddhabs]] is that adult male prisoners of war may be executed.<ref>El Fadl (2003), pg. 116</ref> 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.<ref>'Abu Yusuf Ya'qub Le Livre de l'impot foncier,' translated from Arabic and annotated by Edmond Fagnan, Paris, Paul Geuthner, 1991, pages 301-302) Abu Yusuf (d. 798 CE)</ref> El Fadl argues the reason Muslim jurists adopted this position was largely because it was consistent with the war practices of the [[Middle Ages]].<ref>El Fadl (2003), pg. 115</ref> |
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Historically, Muslims routinely captured large number of prisoners. Aside from those who converted, most were ransomed or enslaved.<ref>(Crone (2004), pp. 371-72)</ref> Pasquier writes, |
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<blockquote>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. <ref>Roger DuPasquier. Unveiling Islam. Islamic Texts Society, 1992, p. 104</ref></blockquote> |
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The above discussion on the matter of prisoners of war in Islam concerns the traditional practices and opinions of Muslim warriors and Muslim scholars. Certain Muslims, such as those who reject the [[hadith]] literature in its entirely (e.g. [[Qur'an Aloners]]) or [[Liberal movements within Islam|liberal Muslims]] may not necessarily agree with the traditional interpretations of Islamic law in general, and Islamic laws concerning prisoners of war in particular. It should furthermore be noted that some [[militant Islamist]] movements do in fact agree with the traditional interpretations. For such [[mujahideen]] movements, the execution of prisoners of war is a powerful political weapon (particularly in [[asymmetric warfare]]), while the ransoming and enslaving of prisoners of wars is a lucrative source of funding for their militant movements as well as a source of personal pleasure. Armed [[Islam as a political movement|Islamic conflicts]] in [[Chechnya]] and the [[Sudan]], in particular, have in recent times gained international condemnation for kidnapping and ransom schemes and for the [[international law|international crime]] of [[human trafficking]].{{fact}} |
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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. <ref>Ibrahim B. Syed, ''[http://www.irfi.org/articles/articles_1_50/education_of_muslims_in_kentucky.htm Education of Muslims in Kentucky Prisons]''. Louisville: Islamic Research Foundation International</ref> [[William Muir]] wrote of this period: |
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:''"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."'' [http://www.al-islam.org/lifeprophet/14.htm] |
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===Contemporary opinions=== |
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Most contemporary Muslim scholars prohibit altogethor the killing of prisoners and hold that this wsa the policy practiced by Prophet [[Muhammad]].<ref>Hasmi (2003), pg. 145</ref> The 20th century Muslim scholar, [[Sayyid Abul Ala Maududi]] states that no prisoner should be "put to the sword" in accordance with a [[hadith|saying]] of [[Muhammad]].<ref>Maududi (1998), p. 34 </ref> |
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[[Yusuf Ali]], another 20th century [[Muslim]] scholar, while commenting on verse {{Quran-usc|9|6}}, writes, |
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<blockquote>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. <ref>Ali (1991), p. 498 </ref></blockquote> |
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==See also== |
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*[[Islamic military jurisprudence]] |
*[[Islamic military jurisprudence]] |
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==Notes== |
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==References== |
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*{{cite book|first=[[Abdullah Yusuf Ali|Abdullah Yusuf]]|last=Ali|title=The Holy Quran| publisher=King Fahd Holy Qur-an Printing Complex|location= Medina|year=1991 }} |
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* {{cite book|first=Sayyid Abul Ala|last=Maududi|title=[[The Meaning of the Qur'an (book)|The Meaning of the Quran]]|publisher=Islamic publications |location= Lahore |year=1967}} |
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* {{cite book | first=Sayyid Abul Ala | last=Maududi | title=Human Rights in Islam | publisher=Da'wah Academy | location=Islamabad | year=1998 }} |
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[[Category:Fiqh]] |
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{{Islam-stub}} |
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[[Category:Islam]] |
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Revision as of 01:29, 10 February 2007
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Prisoners rights in Islam refer to the human rights as prisoners based on Islamic teachings, in both the Qur'an and hadith.
Treatment of prisoners
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 pre-existing 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]
Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith, [4] 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. Although 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.[5] Historically, children of such women could also become slaves.[6]
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 [Quran 76:8] of the Quran. The prisoners must be fed in a dignified manner, and must not be forced to beg for thier subsistence.[7]
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 Maddhab.[8]
However, the opinion of the Maliki, Shafi'i, Hanbali and Jafari Maddhabs is that adult male prisoners of war may be executed.[9] 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.[10] El Fadl argues the reason Muslim jurists adopted this position was largely because it was consistent with the war practices of the Middle Ages.[11]
Historically, Muslims routinely captured large number of prisoners. Aside from those who converted, most were ransomed or enslaved.[12] 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. [13]
The above discussion on the matter of prisoners of war in Islam concerns the traditional practices and opinions of Muslim warriors and Muslim scholars. Certain Muslims, such as those who reject the hadith literature in its entirely (e.g. Qur'an Aloners) or liberal Muslims may not necessarily agree with the traditional interpretations of Islamic law in general, and Islamic laws concerning prisoners of war in particular. It should furthermore be noted that some militant Islamist movements do in fact agree with the traditional interpretations. For such mujahideen movements, the execution of prisoners of war is a powerful political weapon (particularly in asymmetric warfare), while the ransoming and enslaving of prisoners of wars is a lucrative source of funding for their militant movements as well as a source of personal pleasure. Armed Islamic conflicts in Chechnya and the Sudan, in particular, have in recent times gained international condemnation for kidnapping and ransom schemes and for the international crime of human trafficking.[citation needed]
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. [14] 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." [2]
Contemporary opinions
Most contemporary Muslim scholars prohibit altogethor the killing of prisoners and hold that this wsa the policy practiced by Prophet Muhammad.[15] 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.[16]
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. [17]
See also
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)
- ^ (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)
- ^ Maududi (1967), introduction of Ad-Dahr, "Period of revelation", pg. 159
- ^ 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
- ^ (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
- ^ Hasmi (2003), pg. 145
- ^ Maududi (1998), p. 34
- ^ Ali (1991), p. 498
References
- Ali, Abdullah Yusuf (1991). The Holy Quran. Medina: King Fahd Holy Qur-an Printing Complex.
{{cite book}}: Check|first=value (help) - 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.