ìHe who strives and fights in order to make the Word of
Allah the Most Supreme is the one who strives and fights for the cause of Allah.î (Bukhari & Muslim)
When a woman was found killed in one of these battles, the
Messenger of Allah (pbuh) mentioned that this one was not fighting and forbade the killing of women and children. (Muslim)
He also gave the following instructions:
ìBegin your fight with the Name of Allah against those who declare the state of disbelief in Allah. Fight against them, but do not breach your contracts or covenants. Do not mutilate the bodies of the fighters killed. Do not kill a newly born baby.î (Muslim)
And he said:
ìGo forward in the name of God. Do not kill an elderly person, or a child, or a woman, and do not transgress.î (Malik & Abu Dawood)
The eminent companion, Abu Bakr as-Siddeeq () the first Muslim Caliph of the Islamic State, gave the following advice to the Muslim army he deputed saying: ìWait before you leave. I would like to give you the following advices: Do not betray or act treacherously; Do not steal from the war booty before its proper and lawful distribution; Do not breach your pledges and covenants with your enemies; Do not mutilate the bodies of the killed fighters; Do not kill a little, minor child, a woman, or an elderly man; Do not cut or burn a palm tree [or any other tree for any reason]; Do not cut a fruit-bearing tree; Do not slaughter a sheep, a cow or a camel, except for your food; You may come across people who seclude themselves for the worship of God, leave them
alone. Do not bother them or cause any disruption to their
lives. [Reported by at-Tabari, Vol.3, p.226, and others]
Similarly, Muslims must declare war prior to the beginning of the fight. This is because Muslims are neither betrayers, nor dishonest fighters. Islam imposes some of the best of war ethics and morals onto the Muslim fighters. Islam requires full adherence to justice and no oppression to the fighting enemies.
Umar bin Abdul-Aziz, may Allah have mercy on him, one of the early Umayyad Muslim Caliphs, was approached by a delegation of fighters of the city of Samarqand who complained about the Muslim leader, Qutaibah, who had taken them by a surprise attack. The Caliph sent a letter to the governor of the concerned area commanding him to assign a judge to investigate this matter, and if the judge deemed that Muslims should get out of the city and leave it for any breach of trust, they must comply with the judgment. The governor of Samarqand assigned a judge named Jomai' bin Hader al-Baji who passed his verdict that Muslims should leave the city which they had conquered. The Muslim army commander must first declare war openly and with a proper proclamation, prior to invading the land and launching their attack upon the people of Samarqand, give them a chance to prepare themselves for the fight and to know the reasons for the attack. The people of Samarqand seeing the just dealing of the Muslims, decided against restarting hostilities and accepted the terms of Islamic rule. [See: "Futuh-al-Buldan" Countries of the Conquests, by Balathuri, p.428]
As with reference to captives and prisoners, always a sensitive and divisive subject between warring parties, Islam strictly forbids intimidation, torture, mutilation, or starving them to death. Indeed, feeding them is a virtue, the reward of which is with Allah as he says:
(And they feed, for the love of Allah, the indigent, the orphan, and the captive, (Saying): We feed you for the sake of Allah alone, and we do not desire from you reward nor thanks.) (76:8-9)
The Islamic leader reserves the full freedom to release the prisoners of war free without ransom, set terms for their ransom, or release them in exchange for the release of Muslim prisoners of war. This is based on the verse revealed in the Glorious Qurían:
(Therefore, when you meet the disbelievers (in warfare), smite at their necks. At length, when you have thoroughly subdued them, bind a firm bond (on them if captured alive). Thereafter (you may dispose of them) either by your generosity or through ransom -- until the war lays down its burdens (by peace treaty). Thus (you are commanded), but if it had been Allah's Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some by means of the others. Those who are slain in the way of Allah, He will never let their deeds be lost.) (47:4)
As for the defeated non-Muslim residents of the conquered countries, the people of the Book like the Christians and Jews, were treated with respect, and their integrity, dignity and honor was maintained, their wealth and properties secured from aggression and unjust confiscation. They and their women were never molested or unduly humiliated in any manner, way or means. The homes and dwellings for their families were left unharmed. In summary they were dealt with fairly and justly. Their originally divine faith was honored and dignified, and if they chose to remain upon it they were
responsible to respect and obey the Islamic tenants and
religion, and maintain obedience to the public good, security and rule of equitable law. This is based on many verses and teachings, including what Allah said as follows:
((They are) those who, if We establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs.) (22:41)
One of the best evidences reflecting these teachings is the example set by Umar bin al-Khattab () the second Muslim Caliph of the Islamic State, and the conqueror of the Roman and Persian empires, to the inhabitants of Jerusalem Aelia upon entering it as victorious. Tabari reported that he wrote to them as follows:
"I begin with the Name of Allah, the Most Compassionate
and Most Gracious. This is the covenant of security granted by the slave of Allah, 'Umar the Commander of the Faithful, to the people of Aelia. He, hereby, guarantees the security of their persons and property, their churches and crosses, the little and the great and all adherents of the Christian religion. It is prohibited that their churches be inhibited or demolished or diminished as regards with the church itself or its domain. Nor may their crosses be impaired or any of their properties in any manner. They should not be coerced to abandon their faith and none of them may be harmed. No Jews are permitted to live with them in Aelia. Upon the people of Aelia falls the obligation to pay the jizya, as is the case with the people of Mada'in, as well as evict from their midst the Byzantine. Whoever of these who leaves Aelia will be granted security of person and property until he reaches his
destination. Whoever decides to stay in Aelia will also be
granted the same, and share with the people of Aelia in their rights and pay jizya. The same applies to the people of Aelia as well as to any other person. Those who would like to march with the Byzantines may go and those who would like to return to their people will not be bound to pay anything until they reap their harvest. Allah attests to the content of this treaty, and so do His Prophet, his successors and the believers. This is witnessed by Khalid Ibn Al-Walid, 'Amr Ibn Al-'Aas, Abdur-Rahman Ibn Al-
'Awf and Mu'awiyah Ibn Abi Sufyan. Executed in the year
15 Hijri."
Surely, there is nothing comparable in recorded history of mankind. We believe that this is the best form of nobility, justice and tolerance from the conqueror's side towards the vanquished. Most conquerors strip the defeated people from all rights, freedoms and honor, including the right to a decent life, subjugating them to labor as slaves or second-class citizens and serve the conquerorsí interests. Umar bin al- Khattab () could have easily dictated harsh terms and conditions against the defeated Christians and Jews at the time, but followed the lead of the Prophet Muhammad (pbuh) in his generosity and magnanimity when he conquered Makkah after years of dealing with their treacherous warfare of the Medinan period and the bitter persecution of the Makkan period of his mission. This justice aimed at the noble goal of propagating the word of Allah and not gaining personal or national advantage. These examples, among others, illustrate the justice, tolerance, and beauty of Islam, the divinely revealed religion of Allah for universal and just
peace. The laws of Allah, the Almighty, must apply to all
people without any exception or favoritism.
Non-Muslims living under the Islamic rule are obligated to pay the Jizyah ('head tax') which is a minimal, symbolic amount imposed on the non-Muslim residents who willingly choose to maintain their previous faith and life under the government of the Islamic State. The basis of this is found in the verse of Allah:
(Fight against those who do not believe in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, nor acknowledge the religion of truth, from among the people of the Scripture, until they pay the jizya with willing submission and feel themselves subdued.) (9:29)
This tax is of three types as calculated by the currency of the time:
The head tax of the rich and the affluent people. This is estimated as forty-eight dirhams of silver taken from each individual annually.
The head tax of the middle-class individuals such as merchants, businessmen, and farmers. This is estimated as twenty-four dirhams of silver taken from each individual annually.
The head tax taken from the laborers and craftsmen
who are in business. This is estimated as twelve dirhams of silver taken from each individual annually.
The Jizya tax is imposed on the non-Muslims living in the Islamic State as a sign of submission to the Islamic State, as a symbolic payment for the guarantee that their honor, integrity, wealth and life will be protected by the Islamic government
against external enemies and internal violations, and because
they are exempted from serving in the military. This protection includes all rights and obligations as specified and agreed upon contractually. In comparison Muslims have additional duties, including the obligation to serve in the military when required, and to pay the Zakah (obligatory alms) and other forms of sadaqah (charity).
Khalid bin al-Waleed () one of the most renowned Muslim war generals, in one of his contractual pledges to the non- Muslims living in the Islamic State said: ìI have given you my pledge of trust to accept your head tax and in return, to protect you against all possible odds (that we protect ourselves against). If we succeed in offering you the protection we would take the head tax. If not, then you would not have to pay it until we can provide you such protection.î (Balathuri's history)
L. Veccia Vaglieri, in her book entitled ìDefending Islamî says: ìConquered people by Islamic governments were given full freedom to maintain and preserve their faith and traditions provided that individuals who elect this option and do not accept Islam as a way of life, would pay a fair head tax to the Islamic government. Head tax was less than what Muslims pay to their government. Non Muslims, residing under Islamic ruled state, paid such tax in exchange for the general blanket protection offered by the Islamic government extended for its own people.î
One must remember that the three types of the jizya tax
calculated above were for the earning members whereas other classes of the non-Muslims -- namely the poor, needy, minors, women, the monks, priests, or rabbis, the permanently disabled, and the blind -- were exempted entirely from the
payment of this head tax, and their protection, needs and
general welfare was undertaken free of cost by the Islamic
Treasury.
For example, Umar bin al-Khattab () was sitting once when
an old Jew passed by asking people to give him charity. Umar () asked about the welfare of the individual and was informed that the man was living as a non-Muslim under the rule of the Islamic state and protection, paying head tax. Umar () declared: ìWe have not been fair to you! We have imposed head tax on you and charged you such tax when you were young and able, and now we are not providing you with the proper social care and welfare (when you are old and disabled).î
As a result, Umar took the man to his own home, fed him
and offered him proper clothing. And thereafter he commanded the Muslim Treasurer: 'Look into the case of this man, and those of similar situation, and give them a sufficient income from the Islamic Treasury, along with their families. Allah, the Almighty, stated in His Qurían
(Alms are for the poor and destitute; the needy; those employed to administer the (funds); those whose hearts have been (recently) reconciled (to the truth); those in bondage; and in debt; in the cause of Allah; and for the wayfarer: (thus it is) ordained by Allah, and Allah is full of knowledge and wisdom.) (9:60)
The poor are the Muslims. The needy are the People of the
Book.î [Abu Yousef, al-Kharaj, p.126]
In Khalid bin al-Waleedís pledge () to the non-Muslims of al-Heerah, in Iraq, the following was written: ìAny non- Muslim living under the protection of the Islamic state who grows old and becomes unable to work, or becomes a
terminal patient, or becomes broke and bankrupt in such a
manner that he would be entitled for charity by his own people's faith, will no longer be required to pay the head tax. Such individuals will be provided for their essential needs from the Islamic Treasury, along with their familiesî [Abu Yousef, Al-Kharaj, p.144]
Lis Lictenstadter, a German scholar, in her book titled,
ìIslam and the Modern Age", states: ìThe option given to the people of Persia and Rome or the West, during the time of the spread of Islam, was not to be killed by the sword or accept Islam. In fact, the option was either to accept Islam as a way of life, or else to pay the head tax (in exchange for protection). This is a praiseworthy plan which was applied later on in England during the rein of Queen Elizabeth.î [Islam and Modern Age, p. 67. See also, Ahmad Shalabi, Comparative Religious Studies, vol. 3, p.174]
Non-Muslims living under the rule of the Islamic state are fully entitled for full protection and respect for their rights. Allah the Almighty states in the Glorious Qurían:
(It may be that God will grant love and friendship between you and those whom you hold as enemies. For God has power over all things; And God is Most Forgiving, Most Merciful. God forbids you not, with regard to those who do not fight you for your Faith nor drive you out of your homes, from dealing kindly and justly with them: for God loves those who are just. God only forbids you, with regard to those who fight you for your Faith, and drive you out of your homes, and support others in driving you out, from turning to them for friendship and protection. Those who turn to them (in these circumstances) do wrong.) (60:7-9)
The Messenger of Allah (pbuh) said:
"The one who wrongs a covenanter or impairs his right
or overworks him or forcibly takes something from him, I will be his prosecutor on the Day of Requital."
(Abu Dawood & Nasaíee)
Just War Theory and Practice in Islam
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