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Last Update: 05:40 GMT, Sunday, Nov. 22, 2009

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Name of Questioner

Muhammad   - Canada

Title

Even in Retaliation… Ethics Must Be Honored

Question

What is the Islamic ruling regarding violating the rights of the Iraqi detainees and prisoners at Abu Ghraib prison and elsewhere in Iraq? Can Muslims do the same when they detain the Americans and the British? Muslim women are systematically raped. Can the Iraqi fighters rape any American or British female soldier in retaliation? Please explain in detail.

Date

12/May/2004

Name of Counsellor

Ahmad Kutty

Topic

Retaliation (Qisas)

Answer

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


Dear questioner, we are greatly pleased to receive your question which shows the confidence you place in us. May Allah reward you abundantly for your interest in knowing the teachings of Islam!

Islam totally condemns all kinds of abuse done against POWs and detainees. They are human beings who should be treated with due respect and care. This is the Islamic way—to deal with all people as human beings who should be treated humanely irrespective of their religious affiliation. Even in case of retaliation in war time, there are ethics that a Muslim must honor.

Responding to the question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states the following:

"I don’t think Muslims are allowed to indulge in those kinds of heinous acts perpetrated by the Americans and the British against Iraqis. By doing so they will be stooping to their level.

While stating this, however, I do not mean to say that the Iraqis are not allowed to retaliate; they are certainly allowed to do so in a just measure. Occupation is wrong; they have every right to repel the occupiers and force them to leave using all measures that are permissible.

While fighting the occupiers and retaliating, Iraqis, as Muslims, must always do so only within the permissible limits prescribed by the Shari`ah. The Shari`ah does not allow Muslims to rape or sodomize people in any circumstance—even if it be in retaliation.

By keeping to the higher moral ground and holding steadfastly to our values and ethics in war time, Muslims will be blessed by the victory from Allah against their oppressors. We must never despair of Allah’s help if we hold firmly to our principles. Allah has assured us in the Qur’an that He will hear the cry of the oppressed and will grant them victory in His own time. Let us therefore turn to Allah in humility and beseech His help against the oppressors."

You can also read:

Torturing Iraqi POWs: Legal and Juristic View

Did Muhammad (PBUH) Ever Torture His Enemies?

Did the Prophet Kill Enemies Slowly?

Islam’s Stance on Prisoners of War

Treat Them Kindly

People Against POW Abuse

If you have any further questions, please don't hesitate to write back!

May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.

Allah Almighty knows best.

 

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