In The Name Of Allah the
Almighty
Under conditions of peace and security every nation can manifest courtesy,
gentleness, kindness to the weak and the infirm and tolerant attitude towards
the relatives and the neighbors when it is doing existence as a weak nation
bereft of all power and authority. But under condi¬tions of war to be just to
people, to be gentle and tolerant towards the vanquished nations, is not given
to every nation nor every military general necessarily has these traits. The
sight of blood makes man's blood boil, and the inimical attitude of a nation
creates malice and rouses rage in him.
The intoxicating effect of conquest goes to the conqueror's head, and under
these conditions he is at times guilty of the manifestation of the worst
hard-heartedness and revenge. This is the history of nations, be they ancient
people or the modern….rather it is the history of the whole world since Cain
shed the blood of his brother Abel.
On this occasion of Power and glory and war history has placed the crown of life
eternal on the heads of the leaders of civilization, whether they be soldiers,
or citizens, and conquerors or the rulers, since out of all civilizations Islam
is the only one whose great men even under the most difficult war times,
manifested the highest form of humanity based on justice and affection,
particularly in situations where the circumstances rouse man to blood-shed,
oppression and revenge.
When Islam came to the world the war was ethics less action and people were
doing existence like wild animals in a jungle. The mighty remorselessly murdered
the weak and the armed man unhesitatingly robbed the unarmed of his belongings.
Fighting was something usual in the lives of all faiths and the religious laws,
nations and tribes, which was not limited by any conditions nor confined to any
limits. No distinction existed between the permissible and the unlawful and
oppressive war. Whichever nation found itself powerful enough to snatch another
nation's land, enslave its men and women and compel it to abandon its creed and
thought, unhesitatingly and without any feeling of guilt did accomplish it. But
Islamic civilization could not put up with the idea that this tyrannical
practice should con¬tinue in the world, which had lowered mankind to the level
of beasts literally.
The instructions given by Islam in connection with war are not to be found in
the history of any other civilization. For example Hazrat Abu Bakr the first
caliph of the Prophet issued the following instructions to the army led by
Usamah :
1-“Do not mutilate and disfigure your enemies after you have killed them.
2-Do not kill the children and old men who cannot fight. Have nothing to do with
women.
3-Do not destroy the groves (date, palm and others). 4-Do not resort to arson.
5- Do not cut down a tree yielding fruit. And slaughter only as many animals as
you actually need for your food, and do not kill animals and waste their meat
that can serve as food for you or for others later on .
6-You will come upon people who have devoted themselves to churches and
monasteries. Leave them alone and let them pursue the mission for which they
have renounced the world."
That makes evident enough the features of the war waged in the cause of God and
not for mischief, tumult and oppression. And that it adheres to the principles
and elements which are a blessing to humanity and the war culminates either in
victory or treaty. In case of treaty its terms are strictly adhered to which are
religiously binding since it is a covenant with God. “Fulfill the covenant of
God when you have entered into it, and break not your oaths after you have
confirmed them, indeed you have made God your surety;”(Al Quran XVI: 91)
And if they gain victory, it is the victory of a party that has strived for
seeking the countenance of God alone, and its individuals become martyrs in the
way of God. Such a party takes only those steps after victory which make the
roots of the order of truth firmer in the land, and puts an end to all kinds of
tumult and oppression among the people.
“(They are) those who, if We establish them in the land,establish regular prayer
and give regular charity (Zakat),enjoin the right and forbid wrong: With God
rests the end and decision) of (all) affairs.”Al Quran XXII: 41)
These are the limits prescribed by the Islamic civilization for the activities
of its conqueror....lofty spiritualism, social justice, co¬operation in deeds of
righteousness and general welfare and ceaseless struggle against evil and
mischief. These are the principles and ele¬ments of war of Islamic civilization,
and these Islamic moral principles relating to wars which can be summed up in
three words: "Justice, Mercy and fulfillment of agreements."
Since long history have been witnessing many nations that came forward before
the world with very lofty and sublime objectives, but their behavior towards
other nations was extremely disgraceful, cruel and far from human principles of
mercy and justice. The game played by the colonial powers in the world is no
secret, nor the history of their shameful and cruel deeds is far removed in
time. Therefore it becomes indispensable to have a close look at the practical
demonstrations of these principles during the period of the zenith of Islamic
civilization. This is the point where disgrace is the portion of some nations
and others are honoured. Here the Muslims becomes distinguished from all other
nations. And in the matter of philanthropy neither any nation comes close to it
nor any civilization can touch it.
European and American have murdered millions of people and razed so many cities
and towns to the ground that they present an appearance of wilderness where it
seems no body ever lived. Also the barbaric treatment of the Britishers with the
Arabs during their struggle for freedom of Palestine and Indians is very much
hard and anti humanism. To have an idea of the merciful treatment of Islamic
civilization during the wars and after the victories it would be enough to point
out this practice of the most civilized nations.
War is decreed in Islam in self defense. This indicates that aim behind war is
to ward off aggression not to impose Islam as a religion. Referring to this,
Allah Almighty says: “To those against whom war is made, permission is given (to
fight), because they are wronged; and verily God is most powerful for their
aid.” (Al-Hajj:39)
In war, as it is in peace, the instructions of Islam are to be observed. Worship
does not cease in war. Islamic jurisprudence maintains that whatever is
prohibited during peace is also prohibited during war. War is no excuse to be
lenient with misbehaving troops. Fighting should be directed only against
fighting troops, and not to non- fighting personnel, and this is in compliance
with the Qur’anic verse that reads: “ Fight in the way of Allah against those
who fight against you, but begin not hostilities. Lo! Allah loveth not,
aggressors.” (Al-Baqarah: 190)
In one of the battles, a woman was found killed, and this was denounced by the
Prophet saying "She did not fight" This will be further detailed under the
instructions given to the armies and their commanding chiefs by the Prophet and
his Caliphs. The Prophet, peace and blessings be upon him, used to instruct his
commanding chiefs saying: “Fight in the cause of Allah. Fight those who deny
Allah; Do not be embittered. Do not be treacherous. Do not mutilate.Do None can
be more illustrative in this respect than the words of the Qurt’an. Allah
Almighty says: “ O ye who believe! Be steadfast witnesses for Allah in equity,
and let not hatred of any people seduce you that ye deal not justly. Deal
justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is
Informed of what ye do.” (Al-Maidah: 8)
For the first time in religious or sectarian history, Islam adopted an attitude
of mercy and caring for the captured enemy. Unprecedented by previous legal
systems, and long before the Geneva Convention, Islam set the rule that the
captive is sheltered by his captivity and the wounded by his injury. Previously,
it was the custom for the captive to work for his food or get it through private
means. The Qur’an made it a charity to feed the prisoners saying:
“Lo! the righteous shall drink of a cup whereof the mixture is of water of Kafur.
A spring wherefrom the slaves of Allah drink, making it gush forth abundantly.
Because they perform the vow and fear a day whereof the evil is wide spreading.
And feed with food the needy wretch, the orphan and the prisoner, for love of
Him. (Saying): We feed you, for the sake of Allah only. We wish for no reward
nor thanks from you.” (Al-Insan: 5-9)
The Prophet instructed his Companions to be good to the captives. In one of his
traditions, the Prophet, peace and blessings be upon him, ordered his Companions
saying: “ You should be good to the captives.”Abu Aziz-ibn Umair, one of the
captives of Badr battle, recalls: “Whenever I sat with my captors for lunch or
dinner, they would offer me the bread and themselves the dates, in view of the
Prophet's recommendation in our favor (in that desert situation bread was the
more luxurious item of food than dates)
As soon as any of them held a piece of bread, he would offer it to me. "Feeling
shy, I would give it back to one of them but he would immediately return it to
me."
Another, Thumama ibn-Athal, was taken prisoner and brought to the Prophet, peace
and blessings be upon him, who said: “Be good to him in his captivity.” When the
Prophet went home he instructed to collect whatever food there, and ordered it
sent to the prisoner. When the Jewish tribe of Bani Qurayzah were captured,
loads of dates were regularly carried to them, with the Prophet's instructions
to shelter them from the summer sun and to provide them with water to drink.
From the legal point of view, Muslim opinion is unanimous on the prohibition of
subjecting the captives to ill treatment by withholding food, drink or clothing.
This was based upon the teaching of the Qur’an:
“Now when ye meet in battle those who disbelieve, then it is smiting of the
necks until, when ye have routed them, then making fast of bonds; and afterward
either grace or ransom till the war lay down its burdens. That (is the
ordinance). And if Allah willed He could have punished them (without you) but
(thus it is ordained) that He may try some of you by means of others. And those
who are slain in the way of Allah, He rendereth not their actions vain.”
(Muhammad: 4)
According to Islamic law, the captive belongs to the state and not to his
captor. The ruler has the ultimate option, as he sees fit, of granting freedom
or doing that after taking a ransom. Among those whom the Prophet, peace and
blessings be upon him, granted freedom was a poet called Abu-Azza who said to
the Prophet: “I have five daughters who have no one to support them, so give me
away to them as a charity and I promise never to fight you or help your enemies.
Sometimes captives were exchanged for Muslim captives in enemy hands. An
acceptable ransom that was quite often carried out was to teach ten Muslim
children to read and write. It is noteworthy that modern international law
allows for setting free a prisoner of war on equivalent lines. Personnel were
set free upon their word of honor not to fight again, and they should not be
ordered by their governments to go to battle again. If they break their promise,
they might be punishable by death if they are captured again.
Islam never fought nations but fought only despotic authorities. Islamic war was
one of liberation and not of compulsion. The freedom of the liberated people to
decide their religion has already been mentioned, and it was to ensure this
freedom that Muslims fought. It is interesting to mention that when Muslims
fought the Romans in Egypt, the Egyptian Copts sided with and helped Muslims
against the Romans who were Christians like them. This was because Christian
Egypt was suffering religious oppression by the Christian Romans to compel them
to adopt their religious beliefs. One of the earliest actions of the Muslims in
Egypt was the assurance of religious freedom and the reinstatement of Bejamin as
Bishop of Alexandria after years of hiding from the Romans in the western
desert.
But religious freedom was but one aspect that Islam gave. Whether Arab or
Egyptian, Muslim or Christian, Islam built up that FELLOWSHIP that humanity
aspires to, in equality and fraternity .
The process of active intervention to stop or remove aggression is a development
that modem international law has recognized. The second world war for example
was sparked by Germany's invasion of Poland, and drew into the fighting
countries that were not direct parties to the conflict. One of the fruits of war
was the creation of the United Nations in order to settle disputes between
nations by peaceful means or indeed if necessary by a collective military force.
No one should argue therefore that Egypt and the Roman Empire for example should
have been left alone to solve their mutual problems. In modem times the rest of
the family of nations consider it a duty to do something about it. Fourteen
centuries prior to the establishment of the League of Nations and later the
United Nations, Islam decreed such responsibility.
The legal principle of intervention to solve dispute was offered by the Qur’anic
saying:
“If two parties of believers fall into a quarrel, make ye peace between them:
But if one of them transgresses beyond bounds against the other, then fight ye
(all) against the one that transgresses until it complies with the command of
God; but if it complies, then make peace between them with justice, and be fair:
for God loves those who are fair.” (Al-Hujurat: 9)
One of the major shortcomings of modern international politics is its meager
regard to moral obligation. Time and again, treaties and agreements proved
unworthy of the price of paper they had been written on. The most splendid
produce of the human intellect in the field of international law might instantly
vanish upon the call of greed or creed at this age that we wish to think has
brought us to the epic of civilization.
And what is worse is that the most sophisticated achievements of scientific
progress are often used as tools in the hands of Godless or God-disregarding
policies: instead of being exploited 'in the cause of God.’
From the outset, Islam has emphatically prohibited treachery by taking the enemy
by surprise attack. Recent examples of signing a pact or treaty with a nation as
camouflage to hidden intent to attack it are quite contrary to Islam, as several
quotations from the Qur’an reads:
“ O ye who believe! Fulfil your undertakings…”(Al-Maidah:1)
“Fulfill the convenant of God when you have entered into it, and break not your
oaths after you have confirmed them; indeed you have made God your surety, for
God knoweth an that you do.” (An-Nahl: 91)
If Muslims sense the treachery of any enemy with whom they had a treaty, they
should declare to him the annulment of that treaty before embarking on war
again.
“Thou fearest treachery from any group, throw back (their covenant) to them, (so
as to be) on equal terms: for God loveth not the treacherous.” (Al-Anfal:85)
Although Muslims are bound to go to the help of their Muslim brethren who are
religiously persecuted in the land of an enemy; they are not allowed to fulfill
this duty if there is a treaty between the Muslim community and this enemy.
Priority goes to honouring the treaty.
“But if they seek your aid in religion, it is your duty to help them, except
against a people with whom you have a treaty of mutual alliance. And (remember)
God seeth an that you do." (Al-Anfal:72)