I would like to start off this short study by telling you that war is decreed in Islam in self defence. This indicates that the aim behind war is to ward off aggression and not to impose Islam as a religion.
Referring to this, Allah Taa’la says: “To those against whom war is made, permission is given (to fight), because they are wronged; and verily Allah (Taa’la) is most powerful for their aid.” (Al-Hajj: 39)
As Islam stands against waging war, especially against the innocents, it never overlooks the possibility that mankind may resort to war against each other. That’s why it shows keenness on regulating warfare, between Muslims and non-Muslims; it enumerates those that should not be killed or even targeted during the battles. Not only that, but Islam also sets rules regarding those taken as prisoners of war; how they should be treated and dealt with.
Islam does not allow any form of abuse, whether it is physical or sexual against the prisoners of war. On the contrary, the Islamic texts have preceded the Geneva Convention in demanding mercy with captives and stressing that prisoners of war must be dealt with in an extremely merciful and kind manner. (A prime example is Yvonne Ridley - Journalist). This has been clarified by the (late) Sheikh Muhammad Abu Zahrah (Alayhi Rahmah), in his book Concept of War in Islam; it says:
Islam advocates leniency with captives. History has never known warriors as merciful to their captives as the early Muslims who followed the teachings of their religion. Numerous religious texts demand clemency with captives.
Prisoners are usually taken when a battle is at its height and there is danger that rage may lead the victorious warriors to harm those who have been defeated in order to take revenge. The Holy Prophet, Hadhrat Muhammad-ur Rasullullaah (Sallallaahu Alayhi Wasallam) however urged His followers to treat their captives with kindness. He said to them, “You are recommended to treat your captives kindly.” He also urged His Companions on the day of Badr to be kind to their captives. Accordingly the Companions of the Prophet, (Sallallaahu Alayhi Wasallam) gave their captive preference over themselves in matters of food. This is the tolerance of Islam and its respect for human dignity.
The religion of freedom, therefore, esteems the freedom of those who do not follow it as much as it does that regarding its followers, for if the advocate of freedom is himself free, he will not make any discrimination on regional, racial or religious grounds, because freedom is a natural right to every human being.
The Holy Prophet, Hadhrat Muhammad-ur Rasullullaah (Sallallaahu Alayhi Wasallam) never enslaved a free man throughout His reign. His Companions did take some captives among the spoils in the conquest of ‘Bani al-Mustaliq’ and turned them into slaves. The Prophet, (Sallallaahu Alayhi Wasallam), did not explicitly prohibit them from doing that, but His own action (of setting free a prisoner) prompted them to release their captives. This implies prohibitions of enslavement although it is not explicit. The Prophet (Sallallaahu Alayhi Wasallam) avoided the enslavement of any free man in His wars; His actions tended towards its condemnation. He urged the manumission (free from slavery) of those who had been enslaved. The Holy Qur’an refers to the permissibility of slavery only to urge the emancipation (setting free) of the enslaved.
Sheikh `Atiya Saqr, former head of Al-Azhar Fatwa Committee, adds:
The Holy Prophet, (Sallallaahu Alayhi Wasallam) urged Muslims to show good treatment to war captives; He said to His Companions: “Treat the prisoners of war kindly.” Relating how the Companions complied strictly with this order given by the Prophet, (Sallallaahu Alayhi Wasallam) one of the prisoners of Badr, Huzayr ibn Humayr, states: “I was with one of Ansari families, after being taken as captive. Whenever they had lunch or dinner, they used to give me preference by providing me with bread while they’d eat only dates, in showing compliance with the Prophet’s order of treating prisoners well."
In light of the above-mentioned facts, it is crystal clear that Islam requires that prisoners of war, Muslim and non-Muslim alike, should be accorded with good treatment.
From the early days of Islam, the sanctity of the medical profession was recognised. Christian and Jewish doctors were employed by the Islamic state since the days of the Umayyads, and some of them were personal physicians to caliphs. Under the tolerant attitude of Islam, some of them got the chance to unfold their full scientific potential and thus contributed to the progress of medical knowledge.
Medical help was a right to all men in spite of religion or creed and this was also extended to those amongst enemy. An example well known in the West is that of Saladin (Salaud Din) securing medical help to his opponent, Richard, Lion Heart of England who was seriously ill during the Crusades. Saladin sent him his own doctor and personally supervised Richard's treatment until he became well.
In quoting this particular example, one dare say that such an attitude was quite different to the behaviour characterising the invading crusaders. When the crusaders entered Jerusalem on July 15th 1099, they slaughtered seventy thousand Muslims including women, children and old men. They broke children's skulls by knocking them against the wall; threw babies from roof tops, roasted men over fire and cut up women's stomachs to see if they had swallowed gold. This description was given by Gibbon, a Christian writer and commented on by Ludbig Wbo wondered how come after those horrible atrocities they prayed at the burial place of Christ for blessing and forgiveness. (Draper/History of the Intellectual Development of Europe, Vol. 2, p. 77).
For the first time in religious or sectarian history, Islam adopted an attitude of mercy and caring for the captured enemy. Unprecedented by previous legal systems and long before the Geneva Convention, Islam set the rule that the captive is sheltered by his captivity and the wounded by his injury.
The Prophet, Hadhrat Muhammad-ur Rasullullaah (Sallallaahu Alayhi Wasallam) instructed His Companions to be good to the captives. In one of His traditions, the Prophet, (Sallallaahu Alayhi Wasallam) ordered His Companions saying: “You should be good to the captives.”
According to Islamic law, the captive belongs to the state and not to his captor. The ruler has the ultimate option, as he sees fit, of granting freedom or doing that after taking a ransom. Among those whom the Prophet, (Sallallaahu Alayhi Wasallam) granted freedom was a poet called Abu-Azza who said to the Prophet: “I have five daughters who have no one to support them, so give me away to them as a charity and I promise never to fight you or help your enemies. Abul-As Ibn Al Rabiae was freed for a ransom, which the Prophet later returned back to him. Later, the man embraced Islam.
Islam never fought nations but fought only despotic (cruel) authorities. Islamic war was one of liberation and not of compulsion. The freedom of the liberated people to decide their religion has already been mentioned, and it was to ensure this freedom that Muslims fought. It is interesting to mention that when Muslims fought the Romans in Egypt, the Egyptian Copts sided with and helped Muslims against the Romans who were Christians like them. This was because Christian Egypt was suffering religious oppression by the Christian Romans to compel them to adopt their religious beliefs.
One of the earliest actions of the Muslims in Egypt was the assurance of religious freedom and the reinstatement of Benjamin as Bishop of Alexandria after years of hiding from the Romans in the western desert. But religious freedom was, but, one aspect that Islam gave. Whether Arab or Egyptian, Muslim or Christian, Islam built up that fellowship that humanity aspires to, in equality and fraternity (people with something in common).
The story is well known of the running contest held in Egypt and won by an Egyptian to the dismay of an Arab competitor who was the son of Hadhrat `Amru Ibn Al-`Aas (Radi Allah Anho), governor of Egypt. The Arab hit the boy saying, “How dare you outrun me and I am the son of the nobility." Upon which Hadhrat Umar (Radi Allah Anho), the caliph, ordered the three all the way to Madinah, and ordered the Egyptian to avenge by hitting the offending Arab, saying: "Hit him back. Hit the son of nobility." Addressing `Amru, he uttered his famous saying: “O `Amru, since when have you enslaved people while their mothers have born them free.” (Subhaan Allaah)!
The process of active intervention to stop or remove aggression is a development that modem international law has recognised.
The second world war for example was sparked by Germany's invasion of Poland and drew into the fighting countries that were not direct parties to the conflict. One of the fruits of war was the creation of the United Nations in order to settle disputes between nations by peaceful means or indeed if necessary by a collective military force. No one should argue therefore that Egypt and the Roman Empire for example should have been left alone to solve their mutual problems. In modem times the rest of the family of nations consider it a duty to do something about it. Fourteen centuries prior to the establishment of the League of Nations and later the United Nations, Islam decreed such responsibility.
The legal principle of intervention to solve dispute was offered by the Qur’anic saying:
“If two parties of believers fall into a quarrel, make ye peace between them: But if one of them transgresses beyond bounds against the other, then fight ye (all) against the one that transgresses until it complies with the command of Allah; but if it complies, then make peace between them with justice, and be fair: for Allah loves those who are fair.” (Al-Hujuraat: 9)
Before I conclude, lets make sure you understand that it is crystal clear that Islam does NOT tolerate mistreatment of prisoners of war!
I pray to Allah Taa’la to enable us to follow the wonderful ways of our Most Wonderful Holy Prophet, Hadhrat Muhammad-ur Rasullullaah (Sallallaahu Alayhi Wasallam)! Aameen