Is it permissible for the mujahideen in Afghanistan, or in the Philippines, or in Eritrea, for example, to take captives from their enemies?
Machine translationRead the Arabic original
The questioner : As for the mujahideen now in Afghanistan, or in the Philippines, or in Eritrea, or for example now a group that wants to... it is permissible for them to take captives, like the Afghans, like them, like them.
The Shaykh : It is not permissible.
The questioner : What is the condition here?
The Shaykh : The condition is that this is the duty of the army commander, not the individuals; otherwise, the matter would become looting, and there would be unlawful sexual intercourse, and there would be chaos.
The questioner : Shaykh, as for the Afghans, for example.
The Shaykh: Yes.
The questioner : They have a banner, whatever that banner is; they went out against the Russian borders and raided them.
The Shaykh: Yes.
The questioner : And they took captives from the Russian territories.
The Shaykh: Yes.
The questioner : Is it permissible for them to take captives here because they are organized under a banner?
The Shaykh : With the previous condition: the army commander is the one who takes charge of distributing the captives.
The questioner : No, I mean the permissibility of taking captives, not their distribution, for example, the swordsman or something like that.
The Shaykh : I mean, do you understand? It is as if you are asking whether it is permissible to capture them.
The questioner : Capturing them, and the commander distributes them.
The Shaykh : And that is what I said.
The questioner : I mean, is it not required that there be a caliph of jihad, a caliph, in order for captives to be taken?
The Shaykh : No, as long as there is an Islamic banner, and this is a basic condition without a doubt for performing the obligation of general jihad, which is prescribed in this time; but as long as an Islamic banner is raised, especially since they are raiding in their own homeland.
The questioner: Yes.
The Shaykh : And also, they take prisoners.
The questioner: Yes.
The Shaykh : Also.
The questioner: Yes.
The Shaykh : So just as they take prisoners, they are also taken as prisoners.
The questioner : Okay, as for the war of the seventies that happened here... when they entered, as we saw, the Filipinas entered.
The Shaykh : It is not like this at all.
The questioner : That is not permissible.
The Shaykh: No.
The questioner : And what the organizations are doing now, entering the land of Palestine, this is not permissible.
The Shaykh : No, it is not permissible...
The questioner : Okay, does the commander’s restriction in this operation require that the caliph be appointed?
The Shaykh : The commander of jihad.
The questioner : The commander of jihad.
The Shaykh : If there is no caliph.
The questioner: Yes.
The Shaykh : Then the commander of jihad.
The questioner : The commander of jihad takes charge.
The Shaykh : He is entrusted, for example, he may form detachments.
The questioner: Yes.
The Shaykh : And each detachment has a commander.
The questioner: Yes.
The Shaykh : So he is able, if he sees the benefit in it, to entrust him.
The questioner: Yes.
The Shaykh : With distributing the war spoils, for example.
The questioner: Yes.
The Shaykh : Including the captives.
The questioner: Yes.
The Shaykh : And if he sees that this matter may lead to harms, he keeps the matter to himself, yes.
The questioner : I mean, for example, our Shaykh, here in the war of the seventies, we entered the Jews’ homes; of course, the system is not under an Islamic banner, but a group of those who fought with the intention of martyrdom in the path of Allah, and each is upon his intention, so Allah honored him, and he entered there, for example, in Tel Aviv; is it permissible for him to take captives?
The Shaykh : No, that is not permissible; this is the same as the previous question.
The questioner : And if no harm results from it.
The Shaykh : He does not have that right, because what we know from the biography of the Messenger (peace be upon him) is that any war spoils an individual Muslim takes, he returns them to the army commander; otherwise, the matter would become chaos.
The Shaykh : It is not permissible.
The questioner : What is the condition here?
The Shaykh : The condition is that this is the duty of the army commander, not the individuals; otherwise, the matter would become looting, and there would be unlawful sexual intercourse, and there would be chaos.
The questioner : Shaykh, as for the Afghans, for example.
The Shaykh: Yes.
The questioner : They have a banner, whatever that banner is; they went out against the Russian borders and raided them.
The Shaykh: Yes.
The questioner : And they took captives from the Russian territories.
The Shaykh: Yes.
The questioner : Is it permissible for them to take captives here because they are organized under a banner?
The Shaykh : With the previous condition: the army commander is the one who takes charge of distributing the captives.
The questioner : No, I mean the permissibility of taking captives, not their distribution, for example, the swordsman or something like that.
The Shaykh : I mean, do you understand? It is as if you are asking whether it is permissible to capture them.
The questioner : Capturing them, and the commander distributes them.
The Shaykh : And that is what I said.
The questioner : I mean, is it not required that there be a caliph of jihad, a caliph, in order for captives to be taken?
The Shaykh : No, as long as there is an Islamic banner, and this is a basic condition without a doubt for performing the obligation of general jihad, which is prescribed in this time; but as long as an Islamic banner is raised, especially since they are raiding in their own homeland.
The questioner: Yes.
The Shaykh : And also, they take prisoners.
The questioner: Yes.
The Shaykh : Also.
The questioner: Yes.
The Shaykh : So just as they take prisoners, they are also taken as prisoners.
The questioner : Okay, as for the war of the seventies that happened here... when they entered, as we saw, the Filipinas entered.
The Shaykh : It is not like this at all.
The questioner : That is not permissible.
The Shaykh: No.
The questioner : And what the organizations are doing now, entering the land of Palestine, this is not permissible.
The Shaykh : No, it is not permissible...
The questioner : Okay, does the commander’s restriction in this operation require that the caliph be appointed?
The Shaykh : The commander of jihad.
The questioner : The commander of jihad.
The Shaykh : If there is no caliph.
The questioner: Yes.
The Shaykh : Then the commander of jihad.
The questioner : The commander of jihad takes charge.
The Shaykh : He is entrusted, for example, he may form detachments.
The questioner: Yes.
The Shaykh : And each detachment has a commander.
The questioner: Yes.
The Shaykh : So he is able, if he sees the benefit in it, to entrust him.
The questioner: Yes.
The Shaykh : With distributing the war spoils, for example.
The questioner: Yes.
The Shaykh : Including the captives.
The questioner: Yes.
The Shaykh : And if he sees that this matter may lead to harms, he keeps the matter to himself, yes.
The questioner : I mean, for example, our Shaykh, here in the war of the seventies, we entered the Jews’ homes; of course, the system is not under an Islamic banner, but a group of those who fought with the intention of martyrdom in the path of Allah, and each is upon his intention, so Allah honored him, and he entered there, for example, in Tel Aviv; is it permissible for him to take captives?
The Shaykh : No, that is not permissible; this is the same as the previous question.
The questioner : And if no harm results from it.
The Shaykh : He does not have that right, because what we know from the biography of the Messenger (peace be upon him) is that any war spoils an individual Muslim takes, he returns them to the army commander; otherwise, the matter would become chaos.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.