As we are discussing the Islamic attitude toward civilians who do not take part in armed conflicts, we mentioned that this attitude is based on the Qur’an, the Sunnah and the practice of the Prophet’s (pbuh) rightly-guided successors.
No matter what parties are involved in an armed conflict, civilians, whether Muslims or non-Muslims, have nothing to do with the fighting. Hence, it is forbidden to assault or harm them. They are neither combatants nor rebels. Hence, they may not be subjected to any fighting during an armed conflict. No aggression is allowed against them. This is the clear ruling of very lucid Qur’anic texts, such as: “Fight for the cause of God those who wage war against you, but do not commit aggression. Indeed, God does not love aggressors.” (2: 190) “If they desist, let there be no hostility except against the wrongdoers.” (2: 193)
As for the Sunnah, the main Hadith to cite in this connection is the one detailing the Prophet’s instructions to the commanders who led expeditions and armies. This is an authentic Hadith related by Muslim on the authority of Buraydah, a companion of the Prophet, who states: “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. He would then say to him: ‘March in the name of God, and for God’s cause. Fight those who deny God. March forth, but do not act dishonestly, and do not resort to treachery. Do not disfigure anyone’s body or kill a child. When you confront your enemies of the idolaters, offer them one of three alternatives. Whichever they accept, act upon it and refrain from fighting them… if you besiege people in a fortified place, and they want you to give them a pledge in the names of God and His messenger, do not do so, but give them a pledge of honor in your own name and the names of your companions. Should there be a breach, it is easier to deal with a breach of your pledges than a breach of God’s own pledge and that of His messenger. And if you besiege a fort and its people want you to extend God’s judgment to them, do not do so, but offer them your own judgment. You do not know whether you hit upon God’s judgment of them or not.”
It is a well established fact that if a companion of the Prophet says words like ‘when…’ or ‘used to’ in reference to the Prophet, this signifies that what comes afterwards was a constant practice known to all. It does not merely signify that it took place once or twice. Thus the terms contained in these instructions represent valid and permanent orders. Hence, they are unanimously agreed by all scholars.
Muslim also relates on the authority of Abdullah ibn Umar that: “A woman was found killed in an expedition undertaken by the Prophet. He clearly disapproved of her killing and ordered that no women or children should be killed.”
Some other authentic reports mention that when the Prophet saw the killed woman, he said: “This one could not have been fighting.” Khalid ibn Al-Waleed was at the front of the army in the battle in which the woman was killed. The Prophet said to one of his companions: “Catch up with Khalid and tell him: ‘Do not kill women or servants.’”
Anas quotes the Prophet as saying: “Do not kill an elderly man, a young child or a woman, and do not act dishonestly.” (Related by Abu Dawood)
Abdullah ibn Abbas reports that when the Prophet dispatched armies, he used to say to them: “…Do not kill children or monks.” (Related by Ahmad)
On the day of the Battle of Khaybar, the Prophet “prohibited killing women and children.” He also prohibited the killing of children in war. His companions said: “Messenger of God! Are they not the children of idolaters?” He replied: “Are not the best among you children of idolaters?”
Imam Al-Shawkani, who cites all these Hadiths in his book Nayl Al-Awtar, says: “The Prophet’s prohibition of the killing of monks in their hermitages shows that it is not permissible to kill any non-Muslim who devotes himself to worship, such as monks, because they do not take part in fighting the Muslims. This ruling is further supported by analogy with the case of women and children, since all these have in common the fact of being non-combatant. In other words, they do not benefit the enemy army and they do no harm to the Muslim army. Through analogy, we may extend this prohibition to anyone who likewise cannot harm the Muslims or benefit the enemy. The underlying cause is one in all these, which is that it is not permissible to harm anyone who does not take part in the fighting. The Prophet’s Sunnah is complemented by examining the practice of the Prophet’s rightly-guided successors, or caliphs, whose example the Prophet has ordered us to follow. He says: ‘I enjoin upon you to always remain God-fearing, and to obey and comply, even though a slave happens to be your leader. Those who live after me will see much controversy. Therefore, follow my example and the example of my rightly-guided successors. Hold on to it with vigor…’” (Related by Ahmad, Abu Dawood, Al-Tirmidhi and Ibn Majah)
Those caliphs urged their commanders who were fighting idolaters, and when fighting broke out between Muslim groups, to follow rules similar to those outlined by the Prophet to his commanders. Abu Bakr instructed Yazeed ibn Abu Sufyan when he dispatched him to Syria, saying: “I urge you to observe ten things: Do not kill a woman, a child or an elderly person. Do not fell fruit trees or destroy dwellings. Do not slaughter a sheep or a camel except for food. Do not burn or drown a beehive. Do not act dishonestly or act with cowardice.” (Related by Malik and Abd Al-Razzaq)
Umar ibn Al-Khattab gave his commanders the same instructions. Zayd ibn Wahb reports that Umar wrote to them on the verge of some battle: “Do not act dishonestly, or with treachery. Do not kill a child. Fear God in your treatment of peasants.”
Imam Ali, the fourth caliph, had to confront the testing prospect of fighting against Muslims, when the Kawarij rebelled against him, killed his Governor Abdullah ibn Khabbab, and disputed with him when he was giving a sermon in the mosque. He then established the basic rules of fighting among Muslims, and how Muslims would treat rebellious Muslims when they are not engaged in fighting.
As for fighting between two groups of Muslims, one of them is right and the other a group of rebels, Ali prohibited the killing of any wounded rebel soldier, chasing a rebel soldier in flight, killing a captive or taking their booty. When he was asked whether they were unbelievers, he said: “They have run away from unbelief.” He was asked: “Are they hypocrites, then?” He replied: “Hypocrites remember God but little.” People asked him: “What are they, then?” He said: “They are a group of people who have been misguided, and they have been blinded and unwilling to listen. They have rebelled and fought against us, so we had to fight them.”
When they tried to disrupt his speech in the mosque, he said to them: “We guarantee you three things: that you will not be barred from mosques to come and worship therein; and we will not deprive you of your share of the booty as long as you fight with us; and we will not start fighting you unless you are the ones to start and fight us.”
One of them, Abdullah ibn Muljim, stabbed him, and Ali said to his son, Al-Hasan: “Treat him well as long as he is captive. If I live, I will decide on my injury, and if I die, then strike him as he struck me.”
Such is the Prophet’s Sunnah and the practice of his rightly-guided successors which remain the basis from which Islamic Fiqh or jurisprudence derives the rulings concerning the treatment of civilians in times of armed conflicts. These rulings apply to cases of fighting against non-Muslims or between two groups of Muslims. We will begin to look at these rulings next week, God willing.
Arab News Islam 3 March 2003
