Identification of the harm permitted to be inflicted

Book:

The book of JIhad - كتاب الجهاد

Chapter:

Elements (Arkan) of War

Topic/Issue:3702 - Identification of the harm permitted to be inflicted
Agreement:The majority of the jurists maintained that the imam has different types of choices regarding the prisoners of war including their pardon, enslavement, execution, demand for ransom, and the imposition of jizya (poll tax) on them. Execution is permitted in cases where the guaranty of safe conduct (aman) is not available. The majority of the jurists permitted safe conduct granted by free Muslim male.

There is no dispute among them that it is not permitted to slay minors or women, as long as they are not waging war. This was established as "the Prophet (God's peace and blessings be upon him) prohibited the killing of women and children, and said when he saw a slain woman, `She was not one who would have engaged in fighting'

The proscription of mutilating the bodies (muthla) of the enemy is fully established.
Opinions:
Opinion FromOpinionExplanation
Imam Malik,Imam Abu HanifaNeither the blind nor idiots nor hermits are to be slain, and enough of their wealth is to be left to them by which they may survive. Similarly,the old and decrepit are not to be slainNarration of Anas (RA) and narration of Abu Bakar and Narration of Rabah ibn Rabi

Furthermore, they said that the effective underlying cause behind killing is the ability to fight as opposed to disbelief

They maintained that the 2:190 is the governing verse, and that it includes all categories not involved in fighting, exempted it from the generality of the 9:5 (in other words restricted the latter to those who do or can provide hostility, thus excluding children, old and decrepit etc).
Evidences :1 - Sunan Abi Dawud [# 2608], Hadith of Abu Bakr, 3 - Sunan Abi Dawud [# 2263], 4 - Quran [2:190], 5 - Quran [9:5] [Hide/Show]
Tags :Worship,Jihad, Hukum, Harm, Slavery, Ransom, Jizia, Women, Children, Old
References:1[pg:455]
Last Updated:2011-07-03

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