If war breaks out between the Muslim army and the disbeliever army, do the war spoils become the property of the individual soldiers, or do they go to the public treasury?
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The questioner: Regarding the wealth, some people say that the state is hostile or at war. So, when a state is actually hostile and war is declared against it, the wealth belongs to the public treasury or is distributed according to the system of war spoils or *fay'* (booty). It is not taken into the possession of individuals on the grounds that it is the wealth of a hostile state; rather, it is distributed according to the system of war spoils or *fay'* if it is *fay'*.
Eid Abbasi: ... a doubtful matter ... .
The Shaykh: Be patient for a moment; this point is very important, and perhaps it has become clear to you. That is, if war breaks out between the Muslim army and the disbeliever army under a purely Islamic system, does every piece of booty that falls into the hands of any individual soldier become his property? Or are these spoils gathered in a specific place and system, and after the war is over, the army commander divides these spoils and wealth among the soldiers according to the known system in Islam regarding war spoils? There is no doubt that this is the ruling of Islam. In other words, a person might acquire a great deal of booty, while another person acquires nothing, yet he fought in the same manner. So, he shares in the booty acquired by the one who gained a large amount. When? After the division is carried out by the commander of the Muslim army.
Perhaps you all know that the Muslim *mujahid* (struggler) in the path of Allah, truly, does not only acquire wealth, weapons, horses, combat equipment, and the like; rather, he may also acquire captives from among the disbelievers. These captives may include women and daughters. According to the system of Islam, under certain circumstances and at certain times, as seen by the commander of the Muslim army, these captives become slaves. The army commander divides these captives among the soldiers; so, one man gets a man, one gets a young man, one gets a woman, one gets a girl, and so on. As soon as this fair division is carried out by the army commander, those captives become slaves to their Muslim masters. This includes the women, whether they are previously married or virgins. Consequently, it becomes permissible for these masters to enjoy these women after they have been divided among them by the order of the army commander.
The questioner: After the waiting period (*istibra'*).
The Shaykh: After the waiting period (*istibra'*) if she is previously married and not a virgin.
So, from here a new ruling becomes clear to us. A man attacked a disbeliever village along with a group of Muslims who attacked it, and they took captives. One man brought a man, another brought a young man, and another brought a woman. Is it permissible for him to enjoy her? No, it is forbidden for him. It may be that this woman does not come out of his share; instead, a young man or a man may come out for him, or nothing may come out for him except wealth, depending on how the fair division proceeds. Just as it is not permissible for this Muslim *mujahid* in the path of Allah to enjoy that woman or girl who fell into his hands as a captive, so it is not permissible for him to enjoy the wealth that fell into his hands. Rather, in his situation regarding the wealth, just as in his previous situation regarding the capture of a woman, he must deposit all of it in the military treasury. When all the spoils—wealth, men, and women—are divided, and, for example, a girl comes out for him, it becomes permissible for him, or wealth becomes permissible for him after the division is carried out. This is in the case where the Muslim state declares war on the disbeliever state. What about today, when we have no declaration of war against any state, because, unfortunately, we do not have a Muslim state? How can any individual among us justify taking wealth from the state on the claim that it is seizing the wealth of the Muslim community, so that he benefits from this wealth? Even if he took this wealth ... in the path of Allah, it is not permissible for him to dispose of it; rather, he must hand it over to the army commander, who then does with it what he sees fit.
Eid Abbasi: ... a doubtful matter ... .
The Shaykh: Be patient for a moment; this point is very important, and perhaps it has become clear to you. That is, if war breaks out between the Muslim army and the disbeliever army under a purely Islamic system, does every piece of booty that falls into the hands of any individual soldier become his property? Or are these spoils gathered in a specific place and system, and after the war is over, the army commander divides these spoils and wealth among the soldiers according to the known system in Islam regarding war spoils? There is no doubt that this is the ruling of Islam. In other words, a person might acquire a great deal of booty, while another person acquires nothing, yet he fought in the same manner. So, he shares in the booty acquired by the one who gained a large amount. When? After the division is carried out by the commander of the Muslim army.
Perhaps you all know that the Muslim *mujahid* (struggler) in the path of Allah, truly, does not only acquire wealth, weapons, horses, combat equipment, and the like; rather, he may also acquire captives from among the disbelievers. These captives may include women and daughters. According to the system of Islam, under certain circumstances and at certain times, as seen by the commander of the Muslim army, these captives become slaves. The army commander divides these captives among the soldiers; so, one man gets a man, one gets a young man, one gets a woman, one gets a girl, and so on. As soon as this fair division is carried out by the army commander, those captives become slaves to their Muslim masters. This includes the women, whether they are previously married or virgins. Consequently, it becomes permissible for these masters to enjoy these women after they have been divided among them by the order of the army commander.
The questioner: After the waiting period (*istibra'*).
The Shaykh: After the waiting period (*istibra'*) if she is previously married and not a virgin.
So, from here a new ruling becomes clear to us. A man attacked a disbeliever village along with a group of Muslims who attacked it, and they took captives. One man brought a man, another brought a young man, and another brought a woman. Is it permissible for him to enjoy her? No, it is forbidden for him. It may be that this woman does not come out of his share; instead, a young man or a man may come out for him, or nothing may come out for him except wealth, depending on how the fair division proceeds. Just as it is not permissible for this Muslim *mujahid* in the path of Allah to enjoy that woman or girl who fell into his hands as a captive, so it is not permissible for him to enjoy the wealth that fell into his hands. Rather, in his situation regarding the wealth, just as in his previous situation regarding the capture of a woman, he must deposit all of it in the military treasury. When all the spoils—wealth, men, and women—are divided, and, for example, a girl comes out for him, it becomes permissible for him, or wealth becomes permissible for him after the division is carried out. This is in the case where the Muslim state declares war on the disbeliever state. What about today, when we have no declaration of war against any state, because, unfortunately, we do not have a Muslim state? How can any individual among us justify taking wealth from the state on the claim that it is seizing the wealth of the Muslim community, so that he benefits from this wealth? Even if he took this wealth ... in the path of Allah, it is not permissible for him to dispose of it; rather, he must hand it over to the army commander, who then does with it what he sees fit.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.