Ala-Maududi
(47:4) When you meet the unbelievers (in battle), smite their necks until you have crushed them,then bind your captives firmly; thereafter (you are entitled to) set them free, either by an actof grace, or against ransom, until the war ends.[8] That is for you to do. If Allahhad so willed, He would have Himself exacted retribution from them. (But He did not do so) thatHe may test some of you by means of others.[9] As for those who are slain in the wayof Allah, He shall never let their works go to waste.[10]
8. The words of this verse as well as the context in which it occurs clearly show that it wassent down after the revelation of the command for fighting and before the actual fighting began.The words, “So when you meet (in battle) those who disbelieve”, indicate that the fighting hasnot yet taken place and the Muslims are being instructed that when it does take place, what theyshould do.
The words of (Surah Muhammad, ayat 20)below testify that this Surah was sent down at a time when the command for fighting had alreadybeen given in (Surah Al-Hajj, Ayat 39)and (Surah Al-Baqarah, Ayat 190), andthe hypocrites of Madinah and the people of the weak faith had been so upset that it seemed asif they were actually facing death.
Besides,(Surah Al-Anfal, ayat 67-69)also testify that this verse had been sent down before the Battle of Badr. There it has beensaid:
It does not behoove a Prophet to have captives until he has crushed down the enemies in the land.You desire the gains of this world, but Allah desires the Hereafter, and Allah is All-Powerful,All-Wise. Had not a decree already been issued by Allah, you would have incurred a severechastisement in consequence of what you have done. So eat of what you have taken as spoilsbecause it is lawful and pure.
A careful study of this passage shows that what had displeased Allah on this occasion was thatbefore crushing down the enemy completely in the Battle of Badr, the Muslims had started takingthe enemy soldiers as captives, whereas the instruction given to them in Surah Muhammad beforethe actual fighting was this: When you have crushed them completely, then bind the captivestight. However, as the Muslims had been permitted, among other things in Surah Muhammad, toaccept ransom from the prisoners, Allah declared the money taken from the captives of Badr aslawful and did not punish them for that. The words: Had not the decree already been issued byAllah, are clearly pointing to the fact that the command for permission to accept ransom hadalready been given in the Quran before this event, and obviously, there is no other verse in theQuran beside this verse of Surah Muhammad, which contains this command. Therefore, it will haveto be admitted that this verse had been sent down before the above cited verse of the SurahAl-Anfal For explanation, see (Surah Al-Anfal, ayat 69) note 49.
This is the first verse of the Quran in which preliminary instructions have been given about thelaws of war. Below is given a resume of the injunctions that are derived from this verse and theProphet’s (peace be upon him) and his companions’ practice according to it and the juristicinferences as based on this verse and the Sunnah:
(1) The real aim of the Muslim army in war is to break the fighting power of the enemy until itis crushed and the war lays down its arms. Under no circumstances, should the Muslim’s losesight of this aim and start taking the enemy soldiers as captives. Captives should be takenafter the enemy has been completely crushed and its numbers thinned down. The Arabs have been soinstructed at the outset lest in the greed for ransom and taking slaves they should forget andoverlook the real aim of the war.
(2) About the prisoners taken in war it has been said: You have the option whether you show themfavor or accept ransom from them. This gives the general law that the prisoners of war shouldnot be put to death. Abdullah bin Umar, Hasan Basri, Ata and Hammad bin Abi Sulaiman favor thisview, which is quite valid. They say that a man can be killed only during the war. When the waris over and one has been made a prisoner, it is not lawful to kill him, Ibn Jarir and Abu BakralJassas have related that Hajjaj bin Yousuf handed over one of the prisoners of war to Abdullahbin Umar and commanded him to put him to death. He refused to obey and cited this verse andsaid: We are not allowed to kill a man when he is a prisoner. Imam Muhammad in As-Siyat al-Kabiralso has related that Abdullah bin Amir had commanded Abdullah bin Umar to kill a prisoner ofwar, and he had refused to obey the command for this reason.
(3) But since in this verse it has neither been clearly forbidden to kill the prisoner, theProphet (peace be upon him) understood this intention of Allah’s command, and also actedaccordingly, that if there was a special reason for which the ruler of an Islamic governmentregarded it as necessary to kill a particular prisoner (or prisoners), he could do so. This isnot the general law, but an exception to it, which would be applied only when necessary. Thus,the Prophet (peace be upon him) put to death only Uqbah bin Abi Muait and Nadr bin al-Harithfrom among the 70 prisoners taken at Badr, and only the poet Abu Azzah from the prisoners takenat Uhud. Since the Bani Quraizah had surrendered on the condition that they would acceptwhatever decision Hadrat Saad bin Muadh would give in their regard, and he had decreed that allthe males of the Quraizah should be killed, the Prophet (peace be upon him) had them executed.From among the prisoners taken at Khaiber only Kinanah bin Abi al-Huqaiq was put to deathbecause of his violating the agreement. At the conquest of Makkah, the Prophet (peace be uponhim) commanded in respect of only a few particular persons from among all the inhabitants ofMakkah that any one of them who was captured should be put to death. Apart from theseexceptions, the Prophet (peace be upon him) never killed prisoners of war, and the same alsocontinued to be the practice of the righteous Caliphs. During their times also killing ofprisoners of war was rare, which was resorted to only for a special reason. Umar bin Abdul Azizalso during his caliphate put to death only one prisoner of war for the reason that he hadpersecuted the Muslims very cruelly. On this very basis the majority of the jurists have heldthe view that the Islamic government can put a prisoner to death if necessary. But it is for thegovernment to take such a decision; a soldier is not permitted to kill any prisoner he likes.However, if there is the danger of a prisoner’s running away or of his committing a dangerousmischief, the guard can kill him. In this connection, the jurists of Islam have also made threeother points: (a) That if a prisoner accepts Islam, he cannot be killed; (b) that the prisonercan be killed only as long as he is in the government’s custody; if he has been allotted to, orgiven in somebody else’s possession by sale, he cannot be killed; and (c) that if the prisonerhas to be killed, he should be killed in a straightforward way; he should not be tortured todeath.
(4) The general command that has been given about the prisoners of war is: Show them favor, oraccept ransom from them. Favor includes four things: (a) That they should be treated well asprisoners; (b) that instead of killing them or keeping them in captivity for lifetime, theyshould be handed over to the individual Muslims as slaves; (c) that they should be put underjizyah and made dhimmis; and (d) that they should be set free without ransom.
There are three ways of ransoming them: (a) That they should be set free on payment of a ransom;(b) that they should be set free after taking some special service from them; and (c) that theyshould be exchanged for the Muslim prisoners of war who are in the possession of the enemy. TheProphet (peace be upon him) and the companions at different times acted in one or the other wayas the occasion demanded. The divine law has not bound the Islamic government to act in only oneparticular way. The government can take any action it deems appropriate on a particularoccasion.
(5) The practice of the Prophet (peace be upon him) and the companions confirms that as long as aprisoner of war is in the government’s custody, the government will be responsible for his foodand clothing, and his treatment if he is ill or wounded. Islamic law does not permit prisonersto be kept without food or clothing, or be subjected to torture. On the contrary, instructionsalso have been given to treat them well and generously, and precedents of this very practice arefound in the Sunnah. The Prophet (peace be upon him) distributed the prisoners of Badr in thehouses of different companions and gave the instruction: Teat these prisoners well. One of thoseprisoners, Abu Aziz, has reported: The Ansar Muslims, in whose house I was kept, gave me breadin the morning and the evening, but as for themselves they had only dates to eat. About anotherprisoner; Suhail bin Amr, the Prophet (peace be upon him) was told: He is a fiery speaker, andhas been making speeches against you: please have his teeth broken. The Prophet (peace be uponhim) replied: If I have his teeth broken, Allah will break my teeth, although I am a Prophet.(Ibn Hisham). When Thumamah bin Uthal, the chief of Yamamah, was brought as a prisoner, he wasprovided with good food and milk on the Prophet’s (peace be upon him) orders as long as heremained a captive. (Ibn Hisham). The same was the practice in the time of the companions. Noprecedent is found when a prisoner might have been mistreated in their time.
(6) Islam has not permitted that the prisoners be kept in captivity forever so that thegovernment may subject them to forced labor as long as it likes. If they are not exchanged forother prisoners of war, or ransomed, the method enjoined of doing them favor is that they shouldbe made slaves and given in possession of individuals, and their masters instructed to treatthem well This method was acted upon during the time of the Prophet (peace be upon him) as wellas of the companions, and the jurists of Islam have unanimously upheld it as permissible. Inthis regard, it should be borne in mind that a person who might have accepted Islam before beingtaken as prisoner, and then is somehow made a prisoner, will be set free, but the acceptance ofIslam by a person who accepts it after being taken prisoner, or after being given in possessionof somebody, will not gain him freedom automatically. A tradition has been related in MusnadAhmad, Muslim and Tirmidhi on the authority of Imran bin Husain that a person from among theBani Uqail was brought as a prisoner and he said: I have accepted Islam. Thereupon the Prophet(peace be upon him) said: If you had said this when you were free, you would certainly haveattained to success. The same thing was said by Umar: When a prisoner becomes a Muslim afterfalling into the hands of the Muslims as a captive, he will not be killed, but will remain aslave. Oh this very point, the jurists of Islam have unanimously ruled that the prisoner whobecomes a Muslim after being taken captive cannot escape slavery. (Imam Muhammad, As-Siyaral-Kabir). And this also is quite reasonable. If our law had been that anyone, who embracedIslam after being taken a captive, would be set free, no prisoner would be so foolish as not towin his freedom by pronouncing the Kalimah.
(7) The third manner of doing favor with the prisoners according to the law of Islam is that theymay be put under jizyah and made dhimmi subjects of the Islamic state and allowed to live asfree citizens of dar-al-Islam (abode of Islam) just like the Muslims. Imam Muhammad writes inhis As-Siyar alKabir: Any person who can be made a slave, can also be made a dhimmi and putunder jizyah. At another place he says: “The ruler of the Muslims has the right to levy jizyahon them and a tax on their lands and set than absolutely free. This method has been practicedgenerally in the condition when the territory of the people who have been made prisoners, isconquered and annexed to the Islamic state. The Prophet (peace be upon him), for instance,practiced this method in the case of the people of Khaiber, and then Umar followed and practicedit extensively on the conquest of Iraq and other territories. Abu Ubaid writes in hisKitab-al-Amwal: After the conquest of Iraq a deputation of the leading men of that country camebefore Umar and submitted: O Commander of the Faithful, before this the people of Iran hadsubdued us: they subjected us to harsh treatment and committed all sorts of excesses against us.Then, when God sent you, we became very pleased, and we neither put up any resistance againstyou nor participated in the war. Now, we hear that you want to make us slaves. Umar replied: Youhave the option either to become Muslims, or accept to pay jizyah and remain free. They agreedto pay the jizyah and they were granted full freedom. At another place in the same book. AbuUbaid says: Umar wrote to Abu Musa al-Ashari: Set free every farmer and peasant from among thepeople who have been captured in the war.
(8) The fourth favor is that the prisoner be set free without ransom. This is a specialconcession that the Islamic government can give only in case the special conditions of aprisoner demand it, or when it is expected that the concession will win the prisoner’s gratitudeforever, and help turn him a friend from an enemy, or a believer from a disbeliever; otherwise,obviously it would in no way be a wise thing to set free a person of the enemy camp, who couldagain return to fight the Muslims. This is why the Muslim jurists generally have opposed it, andimposed the condition: If the ruler of the Muslims finds it expedient to set the prisoners, orsome of them, free as a favor, there is no harm in doing so. (As-Siyat al-Kabir). Manyprecedents of this are found in the time of the Prophet (peace be upon him), and in almost everycase expediency seems to be the reason.
About the prisoners taken at Badr, he said: If Mutim bin Adi were alive, and had spoken to me inrespect of these treacherous people, I would have let them go for his sake. (Bukhari, Abu Daud,Musnad Ahmad). The Prophet (peace be upon him) said this because when he had returned from Taifto Makkah, Mutim at that time had given him refuge, and his armed sons had escorted him to theKabah. Therefore, he wanted to repay his debt of gratitude in this way.
According to Bukhari, Muslim and Musnad Ahmad, when Thumamah bin Uthal, the chief of Yamamah, wasbrought as a prisoner, the Prophet (peace be upon him) asked him: Thumamah, what do you say? Hereplied: If I am killed, then such a one would be killed, whose blood has some value: if I amshown favor, then favor would be shown to a person, who appreciates favor; and if you wantwealth, ask for it, you will be given it. For three days the Prophet (peace be upon him) askedhim the same thing and he gave the same reply. At last, the Prophet (peace be upon him) orderedthat Thumamah be set free. On attaining freedom, he went to a nearby oasis, washed himself andcame back, pronounced the kalimah and became a Muslim, saying: Before this day nobody was moredetestable than you and no religion more odious than your religion in my sight, but now for meno man is more lovable than you and no religion more lovable than your religion. Then he went toMakkah for Umrah and gave the people of Quraish a notice to the effect: After this no grain willreach you from Yamamah unless Muhammad (peace be upon him) permits it. So, he stopped the grainsupply and the people of Makkah had to request the Prophet (peace be upon him) that he shouldnot stop the supply of grain for them from Yamamah.
From among the prisoners of the Bani Quraizah, the Prophet (peace be upon him) forgave Zabir binBata and Amr bin Saad (or Ibn Suda), the former because he had given refuge to Thabit bin QaisAnsari in the battle of Buath, in the pre-Islamic days of ignorance; therefore, he handed himover to Thabit that he may repay him for his favor. And he forgave Amr bin Sad because it was hewho was exhorting his tribe not to be treacherous when the Bani Quraizah were committing breachof the trust with the Prophet (peace be upon him).
After the Battle of Bani-al-Mustaliq, when the prisoners were brought and distributed among thepeople, the Prophet (peace be upon him) paid Juwairiyah’s ransom to the person to whom she wasallotted to secure her freedom and then married her to himself. At this all the Muslims settheir own prisoners free, saying: Now they have become the Prophet’s relatives. Thus, theprisoners of a hundred families became free. (Musnad Ahmad, Tabaqat Ibn Saad, Ibn Hisham).
On the occasion of the treaty of Hudaibiyah, at about dawn, 80 men came from the direction ofTanim with the intention of launching a sudden attack on the Muslim camp, but were all captured,and the Prophet (peace be upon him) set all of them free lest it became a cause of war on thatcritical occasion. (Muslim, Abu Daud, Nasai, Tirmidhi, Musnad Ahmad).
At the conquest of Makkah, the Prophet (peace be upon him) forgave all the people of Makkahexcept only a few men, and did not kill more than three or four of even those who had been madean exception. The whole of Arabia was well aware of what atrocities the people of Makkah hadcommitted against the Prophet (peace be upon him) and the Muslims; yet he forgave them afterattaining complete victory over them, gave the Arabs the satisfaction that they had not beenoverpowered by a tyrant but by a merciful, affectionate and generous leader. That is why afterthe conquest of Makkah the Arabian peninsula did not take longer than two years to be completelysubdued.
After the Battle of Hunain, when the Hawazin deputation came to secure the freedom of theirprisoners, the prisoners had already been distributed. The Prophet (peace be upon him) calledthe Muslims together and said: These people have come with repentance, and I am of the opinionthat their men should be returned to them. He who would like to set the prisoner allotted to himfree willingly without ransom, should set him free, and the one who would like to take ransom,shall be paid it out of the first income that is received in the Public Treasury. Thus, sixthousand prisoners were set free, and those who wanted to take ransom, were given it by thegovernment. (Bukhari, Abu Daud, Musnad Ahmad, Tabaqat Ibn Saad). This also shows that thegovernment is not authorized to set the prisoners free after they have been distributed; thiscan be done by the willing approval of those in whose possession the prisoners have been given,or by paying them the ransom.
After the Prophet (peace be upon him), precedents of setting the prisoners free as a favorcontinue to be found throughout the period of the companions also. Abu Bakr set free Ashath binQais al-Kindi and Umar granted freedom to Hurmuzan and the prisoners of Manadhir and Maisan.(Abu Ubaid, Kitab alAmwal).
(9) The precedent of setting the prisoners free on payment of the ransom in the time of theProphet (peace be upon him) is found only on the occasion of Badr, when the prisoners were setfree on payment of one thousand to four thousand dirhams each. (Tabaqat Ibn Saad, Kitab al-Amwal). No precedent of this is found in the time of the companions; and the jurists of Islamhave generally disapproved it, for it means that we should take money and set a man free so thathe may again rise against us with the sword. But since taking of ransom has been permitted inthe Quran, and the Prophet (peace be upon him) also acted according to it once, it is notabsolutely forbidden. Imam Muhammad writes in his As-Siyar al-Kabir that if the need arises theMuslims can free their prisoners on payment of the ransom.
(10) The criterion of freeing a prisoner for a service rendered is also found in connection withthe battle of Badr. For those of the Quraish prisoners who had no ransom the Prophet (peace beupon him) imposed the condition that they should teach reading and writing to ten Ansar childreneach to win their freedom. (Musnad Ahmad, Tabaqat Ibn Saad, Kitab al-Amwal).
(11) Several instances of the exchange of prisoners are found in the time of the Prophet (peacebe upon him). Once he dispatched Abu Bakr on an expedition and he brought some captives,including a beautiful woman, who fell to the lot of Salamah bin Akwa. The Prophet urged him togive her back, then sent her to Makkah and had several Muslim prisoners released, in exchangefor her. (Muslim, Abu Daud, Tahawi Kitab al-Amwal of Abi Ubaid, Tabaqat Ibn Saad). Imran binHusain relates that once the tribe of Thaqif arrested two men of the Muslims. Some time later, aman of the Bani Uqail, who were allies of the Thaqif, was arrested by the Muslims. The Prophet(peace be upon him) sent him to Taif and got both the Muslims released in exchange for him.(Muslim, Tirmidhi, Musnad Ahmad). From among the jurists Imam Abu Yusuf, Imam Muhammad, ImamShafai, Imam Malik and Imam Ahmad hold the exchange of the prisoners as permissible. A ruling ofImam Abu Hanifah is that exchange should not be practiced, but according to another ruling ofhis exchange can be practiced. However, there is a consensus that the prisoner who becomes aMuslim should not be handed over to the disbelievers for the purpose of exchange.
This explanation makes it abundantly clear that Islam has formulated a comprehensive code inrespect of the prisoners of war, which contains provision for this problem in every age underall sorts of conditions. Those people who take this Quranic verse in its simple meaning that theprisoners of war should either be shown favor and set free or freed for ransom, do not know whatdifferent aspects the question of the prisoners of war has, and what problems it has beencreating in different ages and can create in the future.
9. That is, if Allah had only wanted to crush the worshipers of falsehood, He did not stand inneed of your help for this. He could have done this through an earthquake or a tempest in notime, But what He wills is that the followers of the truth among the people should enter into aconflict with the worshipers of falsehood and fight against them so that the qualities andcharacteristics of each are brought out clearly by means of the test and each is given the placeand rank that he deserves according to his conduct.
10. It means this: A person’s being slain in the way of Allah does not mean that he lost his lifeand as far as his person was concerned, all his lifework was wasted. It is wrong to think thatthe sacrifices of the martyrs are not beneficial for themselves but only for those who liveafter them in the world, and take advantage of their sacrifices. The fact is that even for themartyrs themselves it is a bargain of profit, not of loss at all.