Kidnapping and hostage taking are not an invention of our particular times. They go back long in history. But they have become so frequent these days because of the grave injustice suffered by weak and oppressed communities at the hands of powerful countries seeking to impose their will on them. Moreover, these oppressed communities seldom have adequate means and armament to repel aggression. Since some Muslims resort to such methods, at an increasing rate, thus going beyond the limits of what is lawful, we wish to make the issues involved very clear. This ruling, or fatwa, sums up all the Islamic rules that apply to such acts:

1. Kidnapping is an aggression against others, be they Muslims or non-Muslims. It is a type of transgression which God has prohibited, as He says in the Qur'an: “God enjoins justice, kindness to all, and generosity to one’s kindred; and He forbids all that is shameful, reprehensible conduct and all transgression.” (Q. 16: 90) It is well known that the order to ensure justice, extend kindness and be generous to one’s kindred is not limited to Muslims only. Similarly, the prohibition of what is shameful, reprehensible conduct and transgression applies to all humanity. By nature, man is keen to repel any aggression direc ted at him, but God permits the repelling of aggression by similar means only. This is stated in the Qur'an: “If anyone commits aggression against you, attack him just as he has attacked you. Have fear of God, and be sure that God is with those who are God-fearing.” (Q. 2: 194) “Fight for the cause of God those who wage war against you, but do not commit aggression. Indeed, God does not love aggressors.” (Q. 2: 190) God also makes it clear that religious differences do not justify aggression against anyone, even though they may reach the stage of open conflict: “Do not let your hatred of people who would debar your from the Sacred Mosque lead you into aggression.” (Q. 5: 2)

2. Kidnapping is an act of war. If it could be exceptionally permissible during war, it is totally forbidden in all other situations:

- In his commentary on the Qur'an, al-Tabari quotes the following hadith (i.e. tradition of the Prophet): “The Prophet came to Makkah to perform the Umrah (i.e. mini-pilgrimage). His companions arrested some local people taking them unaware. The Prophet ordered their release.” We see that the Prophet did this, releasing unbelievers who were taken prisoner, because he did not consider himself in a state of war with the unbelievers as his purpose was to offer the Umrah.

- Similarly the Prophet did not sanction what one of his companions, Salamah ibn al-Akwa’, did when he kidnapped four unbelievers after the signing of the peace treaty at al-Hudaybiyah. Salamah did so thinking that the unbelievers had already violated the peace treaty. The Prophet, however, said: “Leave them so that they will be the ones who initiate evil and repeat it.”⁽¹⁾

This means that initiating evil is characteristic of unbelievers. It must never be characteristic of Muslims. Muslims may repel evil with a similar measure, but their purpose in doing so is not to retaliate; rather, it is to prevent a repeat of the evil committed against them, and to remove it totally from the domain of human relations. The Qur'an outlines the best method that ensures the prevention of evil, making clear that forbearance and forgiveness is certain to stop evil action: “Good and evil cannot be equal. Therefore, repel evil with that which is best, and then, a person between whom and yourself there was enmity may become a close and true friend.” (Q. 41: 34) “Repel evil with that which is best.” (Q. 23: 96) Muslims are described in the Qur'an as those who “repel evil with what is good.” (Q. 13: 22 & 28: 54)

On the basis of the foregoing we state that it is forbidden to kidnap any human being in any situation other than open warfare, when the person kidnapped becomes a prisoner of war who must not be killed. Indeed, he must eventually be released, as the Qur'an states: “Thereafter, set them free, either by an act of grace or against ransom.” (Q. 47: 4) Needless to say, it is forbidden to kidnap anyone who is opposed to a war launched against us, or is sympathetic to us, such as the two French journalists. We denounce all cases of kidnapping where the victims have nothing to do with the occupation of Muslim land. They must be released immediately.

3. In the case of war, it is not permissible to kidnap innocent or enemy civilians who must not be made target of any act of war. From the Islamic point of view, civilians are all those who are non-combatants, such as women and children, as well as elderly men who have no role in the fighting, and priests. The Prophet has given an express order “not to kill women and children.”⁽²⁾ He also said: “Do not kill any young person.”⁽³⁾ In an order to Khalid ibn al-Waleed, the army commander, he said: “Never kill a child or an employee.”⁽⁴⁾ This last order includes anyone employed in non-combat capacity, such as factory workers, medical personnel, and the like. The Prophet also made clear the prohibition of killing any elderly man⁽⁵⁾, or priest, or hermit dedicated to worship. The same prohibition of killing elderly men is confirmed by Abu Bakr. Moreover, Jabir ibn Abdullah, the Prophet’s companion, is quoted as saying that Muslims “did not kill business people who were unbelievers.” The majority of scholars in the Hanafi, Maliki and Hanbali schools of Islamic law extend this prohibition, on the basis of analogy, so as to include other non-combatants, such as those who are physically or mentally handicapped, and those who lock themselves in a house or a church, labourers, farmers and other tradesmen. Imam al-Shawkani has formulated a clear rule of analogy on this particular issue. This rule makes clear that “it is unlawful from the Islamic point of view to kill anyone who is of no benefit to the enemy and cannot do the Muslims any harm.”

Therefore, we denounce taking school children as hostages in the school in North Ossetia, leading to a horrific massacre, despite the fact that we believe the Chechens have a just cause and that the Chechen people should be able to exercise their right to self determination. We also denounce the kidnapping of two Italian women working for a humanitarian agency at the same time that we condemn the Italian government’s policy of alliance with the US aggression against Iraq. All such incidents are unlawful from the Islamic point of view. In addition, such incidents do not serve the interests of resisting the occupation of Iraq. We should remember in this connection that when the Qurayzah Jews committed a horrific act of treachery, violating their peace treaty with the Prophet and allying themselves with the aggressors who had the declared aim of annihilating the Muslim community, such treachery did not cause the Muslims to kill Jewish women and children or expose them to any danger.

4. Should kidnapping take place during war, those who are kidnapped become prisoners of war and must be treated according to the relevant Islamic rules, which can be summarized as follows:

A. Prisoners of war must be handed over to the Muslim authorities to determine what to be done with them. Those who actually take them prisoner do not have any authority over them and cannot determine their fate.

B. It is an important Islamic duty to treat prisoners of war kindly and gently, be hospitable to them, and provide them with food and clothing. They must never be subjected to ill-treatment or torture. God says in the Qur'an: “They [i.e. the believers] give food - however great be their own want of it - to the needy, the orphans and the captives.” (Q. 76: 8) The Prophet gave this general order: “Be sure to treat the captives kindly.”⁽⁶⁾ He is also reported to have said: “Be kind to your prisoners, and let them have their afternoon rest, and provide them with water to drink.” He is also quoted as saying: “Do not compound their suffering of today’s heat with the hardship of your arms.” After the Battle of Badr, the Prophet ordered that those unbelievers taken captive should be treated kindly. Complying with his order, his companions would give the captives their food before they themselves ate.

i. Eventually, according to Islam, captives must be released, either by an act of grace that requires nothing in return, or in return for ransom which could be monetary, or through prisoner exchange, or in the form of a service they render to the Muslim community. The Prophet asked some of those taken prisoner at the Battle of Badr to teach some Muslims reading and writing in return for their release. This is clearly stated in the Qur'an: “When you meet unbelievers in war, smite their necks until you overcome them fully, and then tighten their bonds; but thereafter set them free, either by an act of grace or against ransom, so that the burden of war may be lifted.” (Q. 47: 4) The Prophet put the instructions contained in this verse in practice till the end of his life. Indeed many scholars rule that it is forbidden to kill a war captive. In his priceless book, Bidayat al-Mujtahid, Ibn Rushd says: “A number of scholars say that it is not permissible to kill a captive. Al-Hasan ibn Muhammad al-Tamimi says that it is the unanimous view of the Prophet’s companions.” In his commentary on the Qur'an, Ibn Katheer states: “Scholars say that the Muslim ruler’s only choice is to set captives free, either as an act of grace or against ransom, but it is prohibited to kill a captive.” Al-Alousi says: “The apparent meaning of the Qur'anic verse is that it is forbidden to kill a person after taking him prisoner. This is the ruling expressed by al-Hasan.”

On the basis of the foregoing, we say that a captive can only be killed in exceptional circumstances, by an order of the head of the Muslim state made on the basis of a court sentence. The groups operating within the armed resistance to the occupation of Iraq or elsewhere do not have the right to exercise the power of the head of a Muslim state. Moreover, killing captives is bound to have adverse effects on the resistance to the occupation, and give the cause of the Iraqi people and their struggle a bad image. We, therefore, denounce the killing of the Nepalese and other captives who did not take part in the fighting. If it were true that they provided service to the occupation forces, such service does not justify their killing.

5. It is unlawful from the Islamic point of view to take enemy civilians as hostages and threaten to kill them in retaliation for any action committed or omitted by anyone else, when they are not responsible for such an action and cannot prevent it. This applies to the case of the school in North Ossetia where school children and teachers were held hostage. This prohibition is based on two factors:

i. One of the basic principles of justice is that no one should be held accountable for someone else’s action or offence. This is a basic Islamic rule emphasized in several verses of the Qur'an, such as: “Whatever wrong any human being commits rests upon himself alone.” (Q. 6: 164) “No one shall be made to bear the burden of another.” (Q. 17: 15) “Whoever does what is just and right does so for his own good; and whoever does evil, does so to his own hurt.” (Q. 41: 46) “He who does evil shall be requited for it.” (Q. 4: 123) The Prophet has re-emphasized this in several traditions, such as: “Anyone who commits an offence will be the only one to bear its consequences.”⁽⁷⁾ “No one shall bear responsibility for another’s crime.”⁽⁸⁾ A number of statements by the Prophet make clear that non-Muslims who have a treaty with Muslims must never be killed, such as: “Whoever kills a man bound with a treaty, without valid cause, shall never be allowed even the smell of heaven.”

ii. At the time of war, it may happen that some civilians are killed as a result of some operations, as in the case of a raid launched against an enemy concentration resulting in the death of some people nearby. Scholars say that this is acceptable provided that it is unintended. But to deliberately kill civilians is certainly forbidden. How, then, can the murder of captives in cold blood be justified when enemy civilians may not be targeted even in the time of war?

It is contrary to Islamic ethics to sink to the uncivilized level of the occupation forces in Iraq, which has so far killed thousands of Iraqi civilians, including large numbers of women, children and elderly people, under the pretext of fighting the resistance to their occupation.

It is incumbent on all Muslims to observe the Islamic rules summarized above.

(1) This is an authentic tradition of the Prophet related by Muslim.

(2) Related by al-Bukhari and Muslim.

(3) Related by Abu Dawood.

(4) Related by Ibn Majah.

(5) Related by Abu Dawood.

(6) Related by al-Tabarani

(7) Related by Ibn Majah.

(8) Related by al-Nassaie and Ibn Majah.