The issue of prisoners has become very troubling for nations and governments due to the reality of wars and destruction here and there, which gives it special importance these days, especially with the hundreds of Muslim prisoners in Guantanamo since the war in Afghanistan and the thousands of Iraqi prisoners held by the invading American and British forces.
Islam has a saying in all matters, whether small or big, local or international. Throughout history, there has always been a solution for every problem.
The discussion about prisoners is derived from several factors, most importantly:
Firstly, the numerous contemporary wars that increase the number of prisoners.
Secondly, the large number of prisoners who have been held for a while in the Arab region and the world.
Thirdly, the stark violations and brutal torture against those prisoners.
Fourthly, to highlight the humanitarian aspect of this religion, which has been accused of terrorism and aggression.
There are many humanitarian aspects that need to be highlighted, especially in this era.
Attention was drawn to Washington’s appeal to the Iraqi regime—at the beginning of the campaign against Iraq—to treat American prisoners in accordance with the Geneva Convention on the treatment of prisoners, and the Iraqis at that time affirmed that they would adhere to this convention.
I had hoped that Iraq, while adhering to international agreements, would declare that it would comply with what Islam mandates in the treatment of prisoners, to draw the world's attention, especially since it is vigilant and closely following events, so that it stands and examines Islam's treatment of war prisoners, to uncover the true essence of the religion and reveal its magnificent humane aspects.
Definition of Prisoner by Various Scholars:
The word prisoner means:
- Anyone confined to chains or prison is a prisoner.
- The prisoner is the jailed one.
While the terminology in Islam means: They are the combatants from the disbelievers when the Muslims capture them alive.
This definition applies only to the state of war. However, by tracing the usages of jurists for this term, it becomes clear that they apply it to anyone captured from the combatants or those equivalent to them, taken during or at the end of war, or even without actual war, as long as hostility exists and war is possible. Jurists also use the term “prisoner” for those whom the Muslims capture from the war combatants if they enter the land of Islam in a war state and for those captured from the apostates when fighting us. They also use the term “prisoner” for a Muslim captured by the enemy.
Legitimacy and Reason Behind Captivity in Islam
Captivity is legitimate in Islam, as evidenced by the texts of the Quran. Allah the Almighty says, “So, when you meet (in fight Jihad in Allah's Cause), those who disbelieve smite at their necks till when you have killed and wounded many of them, then bind a bond firmly (on them, i.e. take them as captives).” (Muhammad: 4) However, this does not contradict Allah the Almighty’s saying: “It is not for a prophet to have captives [of war] until he inflicts a massacre [upon Allah 's enemies] in the land.” (Al-Anfal: 67)
The latter ayah does not imply a complete prohibition of captivity but rather encourages fighting. It indicates that it was not appropriate for Muslims to take captives before inflicting substantial casualties among the disbelievers.
The reasons behind the legitimacy of captivity include breaking the enemy's strength, repelling their harm, removing them from the battlefield to prevent their damage, and facilitating the exchange of Muslim captives.
Guidelines for Treating Prisoners
Kind Treatment: Islam has laid down guiding principles for the treatment of prisoners long before the Geneva Conventions or anything else. The world should pause and reflect on these noble and humane teachings of Islam.
After the Battle of Badr, when the Prophet Muhammad (peace be upon him) distributed the prisoners among his companions to guard them during the journey back to Medina, he issued a general directive that became a comprehensive principle in dealing with prisoners: “Act kindly toward them.” This directive required every Muslim to ensure kindness in all dealings with prisoners, whether materially or morally. This is one of the most concise yet profound sayings of the Prophet Muhammad (peace be upon him).
Feeding Prisoners: The Virtue of the Pious
Feeding: Food is a basic necessity of life. Despite the early Muslims living in difficult circumstances, they did not refrain from sharing food generously, even with their captives. The captives, who were “polytheists” and “enemies of the Muslims,” received food generously, even more than the Muslims themselves. This act of generosity is rooted in the Quran: “[Saying], 'We feed you only for the countenance of Allah. We wish not from you reward or gratitude.'” (Al-Insan: 8)
Allah has made feeding prisoners one of the attributes of the pious, who on the Day of Judgment “will drink from a cup [of wine] whose mixture is of Kafur.” (Al-Insan: 5) These righteous people feed others not out of abundance but while they themselves are very much in need, as expressed by the Quran (in spite of love for it). They do this seeking only the pleasure of Allah and His acceptance, saying, “We feed you only for the countenance of Allah. We wish not from you reward or gratitude.” (Al-Insan: 9) They seek to be saved by Allah from the distress and severe calamities of the Day of Judgment.
Imam al-Tabari, in his tafsir, reported from Sa'id ibn Jubayr regarding the ayah, “We feed you only for the countenance of Allah. We wish not from you reward or gratitude.” They haven’t said this with their tongues, but Allah knew it from their hearts, so He praised them to encourage others.
Al-Jassas commented: This ayah indicates that feeding prisoners is a virtuous act, and its apparent meaning suggests that it is permissible to give them from all kinds of charity.
Al-Tabari narrates in his history this incident: Abu Aziz ibn Umair ibn Hashim, the brother of Mus'ab ibn Umair, was among the captives. Abu Aziz said, “My brother Mus'ab ibn Umair passed by me while a man from Al-Ansar was holding me captive. Mus'ab said to the man, 'Tie him firmly. His mother is a woman of great wealth, and maybe she would ransom him for you.' I was in a group from Al-Ansar who were returning from Badr. When they served their meals, they would favor me with bread (which was considered the best food) and eat dates, due to the Prophet's (peace be upon him) instruction to treat us kindly. Whenever a piece of bread fell into the hands of one of them, he would offer it to me. I would feel embarrassed and return it to him, but he would return it to me without touching it.”
Clothing: Islamic Sharia mandates that prisoners must be clothed. Imam Al-Bukhari dedicated a chapter in his Sahih titled “The Clothing of Prisoners” to underscore its importance. He narrates: “Jabir bin `Abdullah narrated: 'When it was the day (of the battle) of Badr, prisoners of war were brought, including Al-Abbas, who was undressed. The Prophet (ﷺ) looked for a shirt for him. It was found that the shirt of `Abdullah bin Ubai would do, so the Prophet (ﷺ) let him wear it. That was the reason why the Prophet (ﷺ) took off and gave his own shirt to `Abdullah.'”
This indicates that the clothing provided to prisoners should be appropriate to their size and needs, not just any clothing. Most likely, many Muslims couldn’t afford the appropriate clothing that covered their private parts.
Shelter: Just as food and clothing are essential for life, so is shelter. Islam guarantees prisoners the same level of shelter as it does for all individuals, providing healthy accommodations that uphold human dignity.
Prisoners were housed either in the homes of the Companions or within the mosque. Al-Hasan narrates that the Prophet Muhammad (peace be upon him) would assign prisoners to some Muslims, instructing them to treat them kindly. These prisoners would stay with their hosts for two or three days, who would prioritize their needs over their own.
Additionally, shelter was provided within the mosque itself. Abu Huraira narrated: “Allah's Messenger (ﷺ) sent some horse men to Najd and they brought a man called Thumama bin Uthal from Bani Hanifa. They fastened him to one of the pillars of the mosque.” (Narrated by Muslim and Al-Bukhari)
Thus, prisoners’ shelters were either at the homes of the Companions or the mosque, which were the most precious places among Muslims. As to tying Thumama to a pillar in the mosque, it was not meant as a form of mistreatment but rather as a precaution against escape since dedicated prisoner facilities were not available at the time.
Prohibition of Torture and Coercion: Torturing and coercing humans is strictly prohibited in Islamic Sharia, which upholds the sanctity of human life, considering it more sacred than even the Kaaba itself. Islam guarantees prisoners protection from harm and advocates for their well-being.
How could Islam advocate for feeding, sheltering, and clothing prisoners appropriately and then allow for their torture or humiliation?
Imam As-Sarakhsi narrates an incident concerning prisoners from the Banu Qurayza tribe. They were exposed to the scorching heat until some of them perished. Among those of them killed in battles were Huyayy ibn Akhtab, Ka'b ibn Usayd, and others. When the midday heat became intense, the Prophet Muhammad (peace be upon him) said, “Do not expose them to the heat of the sun and the heat of the weapons; rather, shade them and provide them with water until they cool down.”
The prohibition of torturing prisoners extends to not torturing wounded prisoners through any means. If a wounded prisoner cannot resist due to their injuries, Islam prohibits their killing and commands that they be cared for, treated, and ransomed or granted amnesty.
In the past, it was customary for the victors to display the bodies of their defeated enemies for gloating. However, Islam completely forbids such practices. The Quran encourages kindness toward prisoners, and they should not be displayed except if they display Muslims. This is in accordance with Allah the Almighty saying, “And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed.” (An-Nahl: 126), and also: “[Fighting in] the sacred month is for [aggression committed in] the sacred month, and for [all] violations is legal retribution. So whoever has assaulted you, then assault him in the same way that he has assaulted you. And fear Allah and know that Allah is with those who fear Him.” (Al-Baqarah: 194)
Remarkably, Islamic Sharia does not permit coercing prisoners to obtain information about the enemy. When Imam Malik was asked if it was permissible to torture a prisoner to extract information about the enemy's secrets, he responded, “I have not heard of such a thing.”
Dialogue and Response and Fulfilling the Prisoner's Needs: A distinctive aspect of Islam's kind treatment towards prisoners is engaging in dialogue with them and responding to their inquiries within the boundaries of state policy. It also entails fulfilling their requests within the limits of Islamic Sharia, as neglecting or ignoring them is a form of humiliation and a disregard for the dignity that Islam prohibits in the treatment of prisoners. The dialogues of the Prophet Muhammad (peace be upon him) with prisoners are well-known and documented.
Imran b. Husain reported that the tribe of Thaqif was the ally of Banu 'Uqail. Thaqif took two persons from amongst the Companions of Allah's Messenger (ﷺ) as prisoners. The Companions of Allah's Messenger (ﷺ) took one person at Banu Uqail as prisoner, and captured al-'Adbi (the she-camel of the Holy Prophet) along with him. Allah's Messenger (ﷺ) came to him and he was tied with ropes. He said: Muhammad. He came near him and said: What is the matter with you? Thereupon he (the prisoner) said: Why have you taken me as prisoner and why have you caught hold of one proceeding the pilgrims (the she-camel as she carried the Prophet on her back and walked ahead of the multitude)? He (the Holy Prophet) said: (Yours is a great fault). I (my men) have caught hold of you for the crime of your allies, Banu Thaqif. He (the Holy Prophet) then turned away. He again called him and said: Muhammad, Muhammad, and since Allah's Messenger (ﷺ) was very compassionate, and tenderhearted, he returned to him, and said: What is the matter with you? …. He said: I am hungry, feed me, and I am thirsty, so provide me with drink. He (the Holy Prophet) said: That is (to satisfy) your want.... (Narrated by Muslim)
Engaging in meaningful dialogue and conversation with prisoners, responding to their needs within the bounds of Islamic Sharia, can lead to tremendous goodness, especially for those whose conversion to Islam is hoped for. This approach is particularly effective with influential figures who have followers, as exemplified in the narration of the Prophet Muhammad's (peace be upon him) interaction with Thumama, who was tied to the pillar of the mosque.
The Messenger of Allah (ﷺ) came out to (see) him. He said: O Thumama, what do you think? He replied: Muhammad, I have good opinion of you. If you kill me, you will kill a person who has spilt blood. If you do me a favour, you will do a favour to a grateful person. If you want wealth, ask and you will get what you will demand. The Messenger of Allah (may peace be pon him) lefthim (in this condition) for two days, (and came to him again) and said: What do you think, O Thumama? He replied: What I have already told you. If you do a favour, you will do a favour to a grateful person. If you kill me, you will kill a person who has spilt blood. If you want wealth, ask and you will get what you will demand. The Messenger of Allah (ﷺ) left him until the next day when he (came to him again) and said: What do you think, O Thumama? He replied: What I have already told you. If you do me a favour, you will do a favour to a grateful person. If you kill me, you will kill a person who has spilt blood. If you want wealth ask and you will get what you will demand. The Messenger of Allah (ﷺ) said: Set Thumama free. He went to a palm-grove near the mosque and took a bath. Then he entered the mosque and said: I bear testimony (to the truth) that there is no god but Allah and I testify that Muhammad is His bondman and His messenger. O Muhammad, by Allah, there was no face on the earth more hateful to me than your face, but (now) your face has become to me the dearest of all faces. By Allah, there was no religion more hateful to me than your religion, but (now) your religion has become the dearest of all religions to me. By Allah, there was no city more hateful to me than your city, but (now) your city has become the dearest of all cities to me... (Narrated by Muslim)
Authority over Prisoners: A prisoner is under the custody of their captor, and the right to decide their fate lies with the Imam or the ruler. After capture, it is the duty of the captor to present the prisoner to the ruler for judgment. It is also within the captor's right to restrain the prisoner if there is a fear of escape or harm. Therefore, it is permissible for a Muslim to prevent a prisoner from escaping.
The Prophet Muhammad (peace be upon him) demonstrated various responses to prisoners based on circumstances, including releasing some, executing others, and ransoming others with money or exchanging them for Muslim prisoners. All these actions were carried out in accordance with the greater good, as explained by Ibn al-Qayyim in his book “Zad al-Ma'ad.”
It is not permissible for any conqueror to execute their prisoner without the authority of the Imam or ruler. Any decision regarding the prisoner must be made with the consent of the Imam, except in cases where there is imminent danger. This is why the Prophet reprimanded Khalid ibn al-Walid and disavowed his actions when he ordered the companions with him to kill their prisoners.
It was narrated from Salim that his father said: “The Prophet [SAW] sent Khalid bin Al-Walid to Banu Jadhimah. He called them to Islam, but they could not say Aslamna (we submitted, i.e., became Muslim) so they started to say Saba'na (we changed our religion). Khalid started killing and taking prisoners, and he gave a prisoner to each man. The next day Khalid bin Al-Walid issued orders that each man among us kill his prisoner.” Ibn 'Umar said: “I said: 'By Allah, I will not kill my prisoner, and no one (among my companions) will kill his prisoner.' We came to the Prophet [SAW], and he was told of what Khalid had done. The Prophet [SAW] said: 'I disavow what Khalid has done,' twice.” (Sunan an-Nasa'i)
Returning Prisoners: The care for prisoners continues from the moment they fall into the hands of Muslims, ensuring their sustenance, shelter, clothing, and good treatment until they return to their people and are handed over to their families.
Imam al-Tabari narrates in his history that the daughter of Haatim at-Taa'i was among the captives of Tayyi'. She was placed in a tent near the Madina mosque, where female captives were kept. When the Prophet Muhammad (peace be upon him) passed by her, she approached him, and she was an eloquent woman, so she said, “O Messenger of Allah! My father has died, and my guardian has fled. Show me mercy so that Allah will show mercy to you.” The Prophet (peace be upon him) asked her, “Who is your guardian?” She said, Adiy ibn Haatim at-Taa'i. The Prophet replied, “The one who fled Allah and His Messenger!” He then freed her and instructed her not to rush to leave until she finds someone trustworthy among her people who can accompany her back to her homeland. She was provided with cloth, provisions, and a mount, and she traveled safely until she reached her father's land in Damascus. Her brother asked about the Prophet Muhammad's character, “What do you think of this man?” She replied, “I swear, it is best you join him immediately. If he is really a prophet, you beating others in the race to join him will only bring you greater honor and virtue.”
This incident illustrates the Prophet's care for prisoners even after their release, ensuring their safe return to their people by securing the road they are taking back to their people and providing them with enough money, clothing, and trustworthy companionship.
After understanding how Islam treats prisoners of war, I urge you to reflect on the current grim reality. You can compare this treatment with the situation in Afghanistan and Iraq, the plight of Palestinian mujahideen in Israeli prisons, the suffering of Kashmiri mujahideen in Hindu prisons, and the condition of Chechen mujahideen in Russian prisons, among others. These oppressed prisoners endure torture and abuse, validating Allah's words: “Indeed, if they come to know of you, they will stone you or return you to their religion. And never would you succeed, then - ever.” (Al-Kahf: 20)
-------------------------------------------------------------
Read the Article in Arabic
