In this last article on the treatment and protection of civilians in war or armed conflict, we will outline a number of relevant rules of Islamic ethics. We need to remember, however, that such rules are binding orders and prohibitions. They are not mere recommendations to be implemented or ignored by choice.
1. Maintaining a God-fearing attitude. This is based on the Qur’anic instructions: “Never allow your hatred of any people to lead you away from justice. Be just, this is closer to righteousness. And remain God-fearing. Surely, God is aware of all that you do.” (5: 8) Within the context of fighting all idolaters, God says: “Fight against the idolaters all together as they fight against you all together, and know that God is with those who are God-fearing.” (9: 36)
Further evidence in support of this rule is derived from the Prophet’s instructions to his commanders: “When God’s messenger appointed a commander of an army or an expedition, he would urge him to remain God-fearing even in the most private of his affairs, and he would also urge the same on all Muslims in his company.” To be God-fearing means to abide by God’s orders and prohibitions, doing what is required and refraining from whatever is prohibited, as scholars make clear.
It should be noted here that the Qur’anic order and the Prophet’s instructions are given within the context of dealing with the enemy, an area which may encourage a lax attitude to protecting human rights or sanctities that are normally protected in peace time and under normal relations. Nevertheless, the Qur’an and the Prophet’s instructions emphasize that adopting such a lax attitude is not permissible in principle, in war on in peace, and whether fighting is between Muslims or against non-Muslims.
2. No aggression allowed even during fighting. This is based on Qur’anic orders, such as: “Do not commit aggression.” (2: 190) “If they desist, let there be no hostility except against the wrongdoers.” (2: 193) “Do not let your hatred of people who would debar you from the Sacred Mosque lead you into aggression.” (5: 2) Thus, all aggression is forbidden. It cannot be justified even by a past aggression by the other party, since such an aggression has ceased. There is no doubt that harming civilians, or trying to kill them, or causing the destruction of their property, homes or animals are aspects of aggression which the quoted verses and similar ones clearly prohibit. No one may try to water down such prohibition or alter the verdict these verses outline.
This rule may not be overlooked on the basis of equal treatment, as in God’s address to the believers: “If anyone commits aggression against you, attack him just as he has attacked you.” (2: 194) The word “aggression” is used here in a particular sense which is explained earlier in the same verse: “A sacred month for a sacred month: for just retribution also applies to the violation of sanctity. If anyone commits aggression against you…” (2: 194) Thus, the equal treatment means attacking an aggressor in the sacred months, not in committing aggression after the end of fighting.
3. Prohibition of Dishonesty. The dishonesty referred to here is to take for oneself some of the booty gained in war before it is distributed among the fighters. Its prohibition is based on the Prophet’s repeated instructions and those of his rightly-guided successors to their commanders. All these instructions are based on a Qur’anic text: “It does not behove a Prophet to act dishonestly, for he who acts dishonestly shall be faced with his dishonesty on the Day of Resurrection. Everyone will then be paid in full what he has earned, and none shall be wronged.” (3: 161) There is no doubt that dishonesty in such context is an act of deception leading to its prohibition, it could also encourage taking away what may be the property of non-combatants. Hence, Islam forbids that any booty could be taken away by individual soldiers before they are brought to the military commander who is responsible for its fair distribution according to Islamic rules. Thus, the implementation of Islamic rules prevents any injustice done to non-combatants by taking their property away in secret, when those in charge of the rightful implementation of Islamic rules are not looking.
4. Prohibition of Treachery. Treachery means the violation of trust, treaties and covenants. With regard to fighting, it is giving someone a pledge of safety then killing him. God’s messenger and his successors and companions have forbidden all such treachery. Several Hadith statements include strong warnings against it. The Prophet is quoted as saying: “Every treacherous person shall have a banner on the Day of Judgment, and it will be said: ‘This is the treachery of this person.’” Imam Ibn Abd Al-Barr says: “This (meaning treachery) is forbidden as universally agreed by all scholars.” On the other hand, in his book Al-Mughni, Ibn Qudamah states that it is forbidden on the basis of Qur’anic verses that require Muslims to abide by the terms of their treaties.
5. Prohibition of Disfigurement. This prohibition is based on the Prophet’s order: “Do not disfigure anyone’s body.” This prohibits the disfigurement of the bodies of war casualties after the end of a battle. Imam Ibn Abd Al-Barr says: “Disfigurement is forbidden according to the Sunnah unanimously agreed to be authentic. The Prophet says: ‘The most unwilling killers are the people of faith.’ He also says: ‘When you kill, be good in the way you kill.’ All rightly-guided caliphs have warned against it. There is definite agreement among all scholars that disfigurement is forbidden.”
6. Destruction and Burning in the Enemy’s Land is Unlawful. Such prohibition is firmly stated in authentic Hadiths and in the instructions of the rightly guided caliphs. Ibn Qudamah states in Al-Mughni: “I do not know of any disagreement among scholars on this prohibition.” Abu Bakr clearly states in his instruction to his commander, Yazeed ibn Abu Sufyan, the prohibition of felling trees, burning or drowning beehives. In explaining this prohibition, Ibn Qudamah says: “It is definitely an act of destruction which is included in the general import of God’s statement in the Qur’an: “No sooner does he turn his back than he strives to spread corruption in the world, destroying crops and progeny. God does not love corruption.” (2: 205)
An authentic Hadith mentions that some of the Prophet’s companions were with him on a journey when they saw a small bird with two chicks, and they took the chicks away. The bird was evidently distraught. When the Prophet came and noticed her, he asked: “Who has bereaved this bird of her chicks? Give her back her chicks.” (Related by Abu Dawood)
This religion of ours protects the rights of bees and small birds. Can anyone imagine that Islamic rules could ever permit aggression against civilians, or attack them during a battle in which they do not participate or aid the enemy?
Hence, Article 3 of the Cairo Declaration on Human Rights in Islam says:
“A. In the case of the use of force, or armed conflicts, it is not permissible to kill people who do not take part in the fighting, such as elderly people, women and children. Wounded and ill persons have the right to be treated. A person taken captive must be given food, shelter and clothing. It is forbidden to disfigure dead bodies. Exchange of captives must be done, and reunion of families separated by war must be ensured.
“B. It is not permissible to fell trees, destroy plants kill animals, or destroy civilian buildings belonging to the enemy by bombardment or missiles or any other way.” This statement expresses in a precise and concise way the general Islamic rulings on the treatment of civilians during armed conflict.
In the light of this let every reasonable person think of what happens in our world today, and how Muslim prisoners of war who were taken captive at the end of the US attack on Afghanistan are treated. They are kept in cages which are suitable only for wild animals. Prior to that, they were transported in an inhumane way: Blindfolded, tied to their seats and sedated for the duration of a flight that took more than 20 hours. Their captors continue to refuse to treat them according to the Geneva Conventions to which we have referred earlier. The latest news about them is that they are being assaulted even while they are praying. Some of them are said to be awaiting execution, while others may be handed over to their own governments, provided that they will be tried there under American supervision.
Let every reasonable person think also what the Zionists in Israel are doing to the civilian population of Palestine. Such civilians are kidnapped from their refugee camps, taken blindfolded and numbers are written on their foreheads, just like what is done with cattle taken for slaughter. They are then placed in prisons where no one knows what happens to them. These people have not carried any weapons or killed anyone. All this is done under the guise of fighting terrorism.
In conclusion I only have to say, let every one judge for himself: Which is the party that speaks the truth and follows guidance: Muslims who are falsely accused of every crime, or those who judge others as they wish, observing no rule of law and entertaining no fear of God.