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A Statement by the
International Association for Muslim Scholars (IAMS)
The Islamic View on Hostage Taking
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picture of one of the captives in Iraq |
The
following is a statement issued by the International Association for
Muslim Scholars (IAMS)regarding the recent incidents of kidnapping
and hostage taking. The IAMS was founded in London,
July, 2004, by Sunni and Shiite
scholars with the aim of forming an international Muslim
juristic consensus that goes beyond sectarian affiliations. The IAMS
is headed by Sheikh Yusuf al-Qaradawi.
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 resources 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 clarify the Islamic
perspective related to the matter. This ruling, or fatwa, sums up
all the Islamic rules that apply to such acts:
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Kidnapping
is an aggression against others, be they Muslims or non-Muslims.
It is a type of transgression which God has prohibited, as the
Qur’an reads: [Surely
Allah enjoins the doing of justice and the doing of good (to
others) and the giving to the kindred, and He forbids indecency
and evil and rebellion]
(An-Nahl 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. Even though man, by nature, tends to fight any
aggression inflicted upon him, God permits the repelling of
aggression by parallel, proportionate means only. This is stated
in the Qur’an: [Whoever
then acts aggressively against you, inflict injury on him
according to the injury he has inflicted on you and be careful
(of your duty) to Allah and know that Allah is with those who
guard (against evil)]
(Al-Baqarah 2:194); [And
fight in the way of Allah with those who fight with you, and do
not exceed the limits, surely Allah does not love those who
exceed the limits]
(Al-Baqarah 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: [Let
not hatred of a people—because they hindered you from the
Sacred Masjid—incite you to exceed the limits]
(Al-Ma’idah 5:2).
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Taking
prisoners is an act done in warfare. If it could be
exceptionally permissible during war, it is totally forbidden in
all other situations whatsoever.
God
also makes it clear that religious differences do not
justify aggression against anyone, even though they may
reach the stage of open conflict. |
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In
his commentary on the Qur’an, At-Tabari quotes the following
hadith: “The Prophet came to Makkah to perform `Umrah. Some
Companions arrested some local people, taking them as prisoners
while they were 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.
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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]
Initiating
aggression is not a part of Muslim ethics. 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 bring evil actions committed against them to an
end, attempting to end evil against all humanity. The Qur’an
demonstrates that the best method to ensure the prevention of evil
is to call upon people to pursue forbearance and forgiveness—as
the best way to fight animosity: [And
not alike are the good and the evil. Repel (evil) with what is
best, when lo! he between whom and you was enmity would be as if
he were a warm friend]
(Fussilat 41:34). [Repel
evil with that which is best]
(Al-Mu’minun 23:96). Muslims are described in the Qur’an as
those who [repel
evil with what is good]
(Ar-Ra`d 13:22 and Al-Qasas 28:54).
The
Qur’an demonstrates that the best method to ensure the
prevention of evil is to call upon people to pursue
forbearance and forgiveness. |
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Based
on that, therefore, we declare that is it is forbidden to kidnap
any human being in any situation whatsoever, other than in an open
warfare situation, when the person kidnapped becomes a prisoner of
war—and even in that case—he must not be killed. Indeed, even
a prisoner of war must eventually be released, as the Qur’an
states [either
set them free as a favor or let them ransom (themselves) until the
war terminates]
(Muhammad 47:4). Needless to say, it is forbidden to kidnap anyone
who is opposed to a war launched against us, or is sympathetic
towards 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. We demand an immediate and
unconditional release of all people taken as hostages.
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Even
in the case of war, it is not permissible to kidnap innocent
people or civilians, who must not be a war target, to begin
with. From an Islamic point of view, civilians are all those who
are non-combatants, such as women and children, as well as the
elderly who have no role in the fighting, and men of any
religion. 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 a labor worker.”[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] priests, or hermits
dedicated to worship. The same prohibition of killing elderly
men is confirmed by Abu Bakr. Moreover, Jabir ibn `Abdullah, one
of the Prophet’s Companions, is quoted as saying that Muslims
“did not kill the merchants among the 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, those who lock themselves in
a house or a church, laborers, farmers, and other tradesmen and
craftsmen. Imam Ash-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 Quraizhah Jews committed a horrific act of
treachery, violating their peace treaty with the Prophet and allying
themselves with the aggressors who had declared their 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.
Therefore,
we denounce taking school children as hostages in the school
in North Ossetia… the kidnapping of two Italian women
working for a humanitarian agency… |
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Should
taking prisoners take place during war, those who are imprisoned
become prisoners of war and must be treated according to the
relevant Islamic rules, which can be summarized as follows:
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Prisoners
of war must be handed over to the Muslim authorities to
determine what is to be done with them. Those who actually take
them as prisoners or keep them do not have any authority over
them and cannot determine their fate.
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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. The Qur’an says, [And
they [i.e.,
the believers]
give food out of love for Him to the poor and the orphan and the
captive]
(Al-Insan 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 reported that the Prophet ordered
that the prisoners should not suffer from the heat and the
tiresomeness of carrying their arms to battle. After the Battle
of Badr, the Prophet ordered that those unbelievers who were
taken captive should be treated kindly. Complying with his
order, the Companions of the Prophet gave the captives their
food before they themselves ate.
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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, 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. That prisoners of war must be released is clearly
stated in the Qur’an: [So
when you meet in battle those who disbelieve, then smite the
necks until when you have overcome them, then make (them)
prisoners, and afterwards either set them free as a favor or let
them ransom (themselves) until the war terminates]
(Muhammad 47:4). The Prophet put the instructions contained in
this verse in practice until the end of his life. Indeed,
scholars rule that it is forbidden to kill a war captive in
principle. In his 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 At-Tamimi says that it is
the unanimous view of the Prophet’s Companions.” In his
commentary on the Qur’an, Ibn Kathir states, “Scholars say
that the Muslim ruler’s only choice is to set captives free,
either as an act of grace or in return for 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 also the ruling
expressed by Al-Hasan.”
“Be
kind to your prisoners, and let them have their afternoon
rest, and provide them with water to drink”, a hadith. |
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Based
on the above, 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 dishonors the
cause of the Iraqi people and their struggle. We, therefore,
condemn the killing of the Nepalese workers and other captives who
did not take part in the war. If it were true that they provided
service to the occupation forces, even so, such service does not
justify their killing.
Moreover,
killing captives is bound to have adverse effects on the
resistance to the occupation, and dishonors the cause of
the Iraqi people and their struggle. |
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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 or inaction carried out by someone else,
especially when the hostages 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:
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One
of the basic principles of justice is that no one should be
held accountable for someone else’s action or offence. This
cardinal Islamic principle is emphasized in several verses of
the Qur’an, such as [and
no soul earns (evil) but against itself, and no bearer of
burden shall bear the burden of another]
(Al-An`am 6:164); [No
laden soul can bear another’s load]
(Al-Israa’ 17:15); [Whoever
does good, it is for his own soul, and whoever does evil, it
is against it]
(Fussilat 41:46); [Whoever
does evil, he shall be requited with it]
(An-Nisaa’ 4:123). The Prophet emphasized this in several
traditions, such as “Anyone who commits an offense 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.”[9]
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In
war time, 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 war time?
“Whoever
kills a man bound with a treaty, without valid cause, shall
never be allowed even the smell of Heaven”, a hadith. |
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As
Muslims we should take the upper moral grounds and not lower our
ethical conduct into the wanton 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.
Allah,
majestic in His praise, knows best.
The
International Association for Muslim Scholars
Sha`ban
1425, Setember 2004
[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.
[9]
Related by al-Nassaie.
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