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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Taking Women, Children, and Muslims as Shields in Battle

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Question:
If the enemy takes women, children, and those who did not participate in the war as human shields, is it permissible to fight them and the women and children with them?

Answer:
Yes. If the disbelievers take a Muslim as a shield, they are not to be left alone; rather, they are to be shot at, even if this Muslim is killed, because he is not the intended target. His death would be a partial harm, but leaving the disbelievers alone is a greater harm. Therefore, this is excused in this situation. This is if they took him by force and held him captive. In that case, they are to be struck, even if it leads to the death of this Muslim, because he is not the intended target, and this is a partial harm. However, if he remained with the disbelievers of his own free will—a Muslim who stayed with the disbelievers by choice—then his ruling is that he is killed along with them. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 89 من 89|شرح العدة في شرح العمدة|كتاب الجهاد|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:02:37)

The Arabic text is a machine transcription of the audio recording.

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