Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The Muslim Ruler's Position Regarding Prisoners of War?

Machine translationRead the Arabic original
The questioner : ... .

The Shaykh : We must note here that the system of enslavement is not obligatory for the Muslim ruler; rather, he is not bound by it, and he should not obey it. He should consider the interest of the Muslims in this matter. As we mentioned in some of our gatherings, Islam prescribed for the Muslim ruler four positions regarding prisoners of war. Two of these positions are mentioned in the saying of Allah, the Exalted:
either [confer] favor afterwards or ransom [them] فإما منًّا بعد وإما فداءً
[Muhammad 47:4]
, and the other two are established in the authentic Sunnah: one is killing, and the other is enslavement. The ruler looks at what is in the interest of the Muslims. What is it? Should these prisoners be uprooted to terrorize the enemy? Yes. If the ruler does not see in... that he should show them leniency,
Go, for you are free. اذهبوا فأنتم الطُّلقاء
.

The questioner : ... .

The Shaykh : ...and so on. Now, regarding enslavement here; in my view—and I am far from the general atmosphere—I see that the commander should not, if there is a single commander, for I have learned—regrettably!—that there are many, if they had a single commander whom they all obey, I see that he should not... and should not adhere to the system of enslavement, lest the Muslims be treated in kind. The disbelievers, of course, have nothing that is forbidden or lawful for them, unlike the Muslims. However, they still adhere to some extent to international treaties, as they claim. The system of enslavement, for example, and slavery existed until recently in all of Europe, but in the council they call the Security Council... they receded from it by abolishing what? Slavery. So, as some say: they abolished the enslavement of individuals and decided on the enslavement of... the enslavement of what? All the peoples.
The point is: but even so, we do not hear until now that a state has invaded another state and enslaved its men and women, or committed aggression... but they do not enjoy them, whether men or women, under the system of what? Slavery. Therefore, it may not be in the interest of the Muslim army to adopt enslavement so that they are not treated in kind by the disbelievers. When, for example, is this prescribed? When the dominance of the Muslims over the disbelievers is the prevailing condition. And then the matter is as it was in the time of the Messenger (peace be upon him); there is no harm in enslavement, which achieves not only the desires of the Muslims but also the desires of the enslaved ones as well, as he (peace and blessings be upon him) indicated by his saying:
Indeed, your Lord is amazed at a group of people who are dragged into Paradise by their chains. إنَّ ربَّك لَيعجَبُ من أقوامٍ يُجرُّونَ إلى الجنَّةِ بالسَّلاسلِ
. This is what can be mentioned on this occasion.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas