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       Laws of War and Peace in Islam*
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Though Islam is a religion of peace and abhors  unpeacefull acts, its system has a set of rules and civilized, humanitarian defense mechanisms to protect its citizens as a last choice against an imposed attack. Keep in mind that " In the days when Islam came into focus the world was completely unaware of the concept of humane and decent rules of war. The West became conscious of this concept for the first time through
the works of the seventeenth century thinker, Grotius. But the actual
codification of the 'international law' in war began in the middle of the
nineteenth century. Prior to this no concept of civilized behavior in
war was found in the West. All forms of barbarity and savagery were
perpetrated in war, and the rights of those at war were not even
recognized, let alone respected.

 Rules and laws of war and peace in Islam fall under two categories:

  A- The Rights of the Non-Combatants  ( like children, sick people, etc)

  B-  The Rights of the Combatants ( the fighter and soldiers in the battle) which are:

1.      Torture with Fire

2.      Protection of the Wounded

3.      The Prisoner of War Should not be Slain

4.      No one Should be Tied to be Killed

5.      No Looting and Destruction in the Enemy's Country

6.      Sanctity of Property

7.      Sanctity of a Dead Body

8.      Return of Corpses of the Enemy

9.      Prohibition of Breach of Treaties

10. Rules About Declaration of War

 

A-The Rights of the Non-Combatants

Islam has first drawn a clear line of distinction between the
combatants and the non-combatants of the enemy . As far as
the non-combatant population is concerned such as women, children,
the old and the infirm, etc., the instructions of the Prophet are as
follows: "Do not kill any old person, any child or any woman" . "Do not kill the monks in monasteries" or "Do not kill the
people who are sitting in places of worship"

During a war, the Prophet saw the corpse of a woman lying on the
ground and observed: "She was not fighting. How then she came to be
killed?" From this statement of the Prophet and others  the exegetists and jurists have drawn the principle that those who are non-combatants should not be killed during or after the war. So, just shooting or bombing civilian cities because there might be some combatants, like some members of militias or mercenaries, is not normally accepted.

 

B-The Rights of the Non-Combatants:

Islam has first drawn a clear line of distinction between the
combatants and the non-combatants of the enemy country. As far as
the non-combatant population is concerned such as women, children,
the old and the infirm, etc., the instructions of the Prophet are as
follows: "Do not kill any old person, any child or any woman" (Abu
Dawud). "Do not kill the monks in monasteries" or "Do not kill the
people who are sitting in places of worship" (Musnad of Ibn Hanbal).

During a war, the Prophet saw the corpse of a woman lying on the
ground and observed: "She was not fighting. How then she came to be
killed?" From this statement of the Prophet the exegetists and jurists
have drawn the principle that those who are non-combatants should not
be killed during or after the war.

Now let us see what rights Islam has conferred on the combatants.
 

1. Torture with Fire

In the hadith there is a saying of the Prophet that: "Punishment by
fire does not behove anyone except the Master of the Fire" (Abu
Dawud). The injunction deduced from this saying is that the adversary
should not be burnt alive.

2. Protection of the Wounded

"Do not attack a wounded person"-thus said the Prophet. This
means that the wounded soldiers who are not fit to fight, nor actually
fighting, should not be attacked.

3. The Prisoner of War Should not be Slain

"No prisoner should be put to the sword"-a very clear and
unequivocal instruction given by the Prophet (S).
 

4. No one Should be Tied to be Killed

"The Prophet has prohibited the killing of anyone who is tied or
is in captivity."
 

5. No Looting and Destruction in the Enemy's Country

Muslims have also been instructed by the Prophet that if they
should enter the enemy's territory, they should not indulge in pillage or
plunder nor destroy the residential areas, nor touch the property of
anyone except those who are fighting with them. It has been narrated
in the hadith: "The Prophet has prohibited the believers from loot and
plunder" (al-Bukhari; Abu Dawud). His injunction is: "The loot is no
more lawful than the carrion" (Abu Dawud). Abu Bakr al-Siddiq used
to instruct the soldiers while sending them to war, "Do not destroy the
villages and towns, do not spoil the cultivated fields and gardens, and
do not slaughter the cattle." The booty of war which is acquired from
the battleground is altogether different from this. It consists of the
wealth, provisions and equipment captured only from the camps and
military headquarters of the combatant armies.

6. Sanctity of Property

The Muslims have also been prohibited from taking anything from
the general public of a conquered country without paying for it. If in a
war the Muslim army occupies an area of the enemy country, and is
encamped there, it does not have the right to use the things belonging
to the people without their consent. If they need anything, they should
purchase it from the local population or should obtain permission from
the owners. Abu Bakr al-Siddiq, while instructing the Muslim armies
being despatched to the battlefront would go to the extent of saying
that Muslim soldiers should not even use the milk of the milch cattle
without the permission of their owners.

7. Sanctity of a Dead Body

Islam has categorically prohibited its followers from disgracing or
mutilating the corpses of their enemies as was practised in Arabia
before the advent of Islam. It has been said in the hadith: "The Prophet
has prohibited us from mutilating the corpses of the enemies" (al-
Bukhari; AbC Dawud). The occasion on which this order was given is
highly instructive. In the Battle of Uhud the disbelievers mutilated the
bodies of the Muslims, who had fallen on the battlefield and sacrificed
their lives for the sake of Islam, by cutting off their ears and noses, and
threading them together to put round their necks as trophies of war.
The abdomen of Hamzah, the uncle of the Prophet, was ripped open by
Quraysh, his liver was taken out and chewed by Hind, the wife of Abu
Sufyan, the leader of the Meccan army. The Muslims were naturally
enraged by this horrible sight. But the Prophet asked his followers not
to mete out similar treatment to the dead bodies of the enemies. This
great example of forbearance and restraint is sufficient to convince any
reasonable man who is not blinded by prejudice or bias, that Islam is
really the religion sent down by the Creator of the universe, and that if
human emotions had any admission in Islam, then this horrible sight on
the battlefield of Uhud would have provoked the Prophet to order his
followers to mutilate the bodies of their enemy in the same manner.
 

8. Return of Corpses of the Enemy

In the Battle of Ahzab a very renowned and redoubtable warrior
of the enemy was killed and his body fell down in the trench which the
Muslims had dug for the defence of Medina. The unbelievers presented
ten thousand dinars to the Prophet and requested that the dead body of
their fallen warrior may be handed over to them. The Prophet replied
"I do not sell dead bodies. You can take away the corpse of your fallen
comrade."
 

9. Prohibition of Breach of Treaties

Islam has strictly prohibited treachery. One of the instructions
that the Prophet used to give to the Muslim warriors while sending
them to the battlefront was: "Do not be guilty of breach of faith."
This order has been repeated in the Holy Quran and the hadith again
and again, that if the enemy acts treacherously let him do so, you
should never go back on your promise. There is a famous incident in
the peace treaty of Hudaybiyyah, when after the settlement of the
terms of the treaty, Abu Jandal, the son of the emissary of the
unbelievers who had negotiated this treaty with the Muslims, came,
fettered and blood-stained, rushing to the Muslim camp and crying for
help. The Prophet told him "Since the terms of the treaty have been
settled, we are not in a position to help you out. You should go back
with your father. God will provide you with some other opportunity to
escape this persecution." The entire Muslim army was deeply touched
and grieved at the sad plight of Abu Jandal and many of them were
moved to tears. But when the Prophet declared that "We cannot break
the agreement", not even a single person came forward to help the
unfortunate prisoner, so the unbelievers forcibly dragged him back to
Makkah. This is an unparalleled example of the observance of the terms
of agreement by the Muslims, and Islamic history can show many
examples of a similar nature.

10. Rules About Declaration of War

It has been laid down in the Holy Quran: "If you apprehend
breach of treaty from a people, then openly throw the treaty at their
faces" (8:58). In this verse, Muslims have been prohibited from opening
hostilities against their enemies without properly declaring war against
them, unless of course, the adversary has already started aggression
against them. Otherwise the Quran has clearly given the injunction to
Muslims that they should intimate to their enemies that no treaty exists
between them, and they are at war with them. The present day 'inter-
national law' has also laid down that hostilities should not be started
without declaration of war, but since it is a man-made rule, they are
free to violate it whenever it is convenient. On the other hand, the laws
for Muslims have been framed by God, hence they cannot be violated.

 

   
   

* Copy Rights; http://www.islam101.com  http://www.islamology.com

 

 

 
 
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