Rules Of Islamic War

Development of rulings The first military rulings were formulated during the first century (according to the Hijri calendar). These rulings evolved in accordance with the interpretations of the Quran and recorded traditions of Muhammad. The key themes in these rulings were the justness of war, and the injuction to jihad. The rulings do not cover feuds and armed conflicts in general.[1] Jihad (Arabic for struggle) was given a military dimension after the oppressive practices of the Meccan Quraish against Muslims. It was interpreted as the struggle in the way of Allah to be conducted by the Muslim community. Injunctions relating to jihad have been characterized as individual as well as collective duties of the Muslim community. Hence, the nature of attack becomes important — if the Muslim community as a whole is attacked Jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-goverened lands (Dar al-Islam) and nonMuslim lands (Dar al-Harb).[1]

Ethics of warfare The basic principle in fighting in the Quran is that other communities should be treated like one's own.[2] Fighting is justified for legitimate self-defense, to aid other Muslims[3] and after a violation in the terms of a treaty, [4] but should be stopped[5] if these circumstances cease to exist.[6][7][8][9] Although the language can be considered militant, the principle of forgiveness is reiterated in between the assertions of the right to selfdefence.[6] Muhammad gave various injunctions to his forces during his time and adopted attidudes toward the conduct of war. His major ones were summarized by Abu Bakr in the form of 10 rules for the Muslim army:[1]

“

Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone.

”

These injunctions were honored by Umar during the early expansion of Islam.[10]

Criteria for soldiering Muslim jurists are in consensus that Muslim armed forces must consist of debt-free adults who posses a sound mind and body. In addition, the combatants must not be conscripted,

but rather enlist on their free will, and with the permission of their family.[1] Jurists are divided on whether women or non-Muslims are eligible to participate as soldiers. Traditionally, "adults" have been defined as post-pubescent individuals above the age of 15. Due to expediency during the Iran-Iraq war, however, Ruhollah Khomeini issued a fatwa lowering the age of the combatants as well as waiving the family's permission as a condition to enlist.[1]

Commencing hostilities The Quran[11] commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise attacks are illegal under the Islamic jurisprudence. This rule, however, is not binding if the adversary has already started the war.[12] The Quran had similarly commanded Muhammad to give his enemies, who had violated the Treaty of Hudaibiyah, a time period of four months to reconsider their position and negotiate.[13] Sunni jurists believe that jihad can be declared by a political leader with the sanction of religious authorities, whereas Shia jurists hold that only a just Imam can declare jihad and ensure that it is conducted in accordance with the principles of justice.[1] Historically, the lack of a central religious authority has created problems with the general acceptance of these declarations. Rulers and other individuals have on occasion declared jihad even when clerics have refused to categorize the conflict as such, for example the Ottoman Sultan during World War I.[1] Javed Ahmad Ghamidi writes in his book Mizan that after Muhammad and his companions, there is no concept in Islam obliging Muslims to wage war for propagation or implementation of Islam. The only valid basis for Jihad through arms is to end oppression when all other measures have failed. Islam only allows Jihad to be conducted by a Government[14] with at least half the power of the enemy.[15][16][17] Some Islamic scholars consider the latter command only for a particular time.[18]

Conduct of armed forces The Quran discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle.[19]

In combat During the battle the Quran commands Muslims to fight against the enemy. However, there are exceptions to such combat. Torturing the enemy, and burning the combatants alive is strictly prohibited.[20] The mutliation of dead bodies is also prohibited.[21] In modern times, Yousef al-Qaradhawi has legitimized the use of suicide bombings if the combatants had no other means of self-defence.[22]

Civilian areas Islam expressly prohibits the killing of those who have not participated in the war.[23] Javed Ghamidi argues that this principle is not just based on the Islamic faith but also founded in customs and reason.[24] Shia scholar Ayatollah Mohammad Taqi MesbahYazdi holds a similar position regarding non-combatants.[25] Harming civilian areas, pillaging residential areas is also forbidden,[26] as is the destruction of trees, crops, livestock and farmlands.[27][28] The Muslim forces may not loot travellers, doing so is contrary to the spirit of Jihad.[29] Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate finanically for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies.[30][31]

Prisoners of War The historical legal principles governing the treatment of prisoners of war, in shar'iah, Islamic law, (in the traditional madhabs schools of Islamic jurisprudence), closely mirror the pre-existing norms of society during Muhammad's time. Men, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, freed, ransomed, exchanged for Muslim prisoners, or kept in bondage.[32] In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write.[33] Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.[34] Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith,[35] but that they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage and referred to as ma malakat aymanukum. Islamic law does not put an exact limit on the number that can be kept in bondage. It strictly forbids keeping female slaves as a means of sexual enjoyment and luxury according to Maududi.[36]

Ending hostilities and cease-fire Commentators of the Quran agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. Islam does not permit Muslims to reject peace and continue bloodshed.[37] Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to chieve a just resolution of the dispute.[38]

In the context of Arabia, the Quran ordained Muslims must restrain themselves from fighting in the months prohibited by pagans and should respect the cease-fire. If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression.[39]

Violation Islam prohibits the violation of a peace-treaty or cease-fire.[40] The famous "sword verse" (Qur'an 9:5), is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). Crone states that this verse seems to be based on the same above-mentioned rules. Here also it is stressed that one must stop when they do.[6][8] Ibn Kathir states that the verse implies a hastymission of besieging and gathering intelligence about the enemy, resulting in either death or repentence by the enemy.[41] Crone continues that there is only one verse in the Qur'an which seems to endorse war of aggression.[42] However, if read as a continuation of previous verses,[43] it would be concerned with the same oath-breaking of "polytheists".[44][6]