Islamic military jurisprudence consists of the basic laws governing the conduct of the military aspects of jihad (also known as "lesser jihad"). Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the An academic discipline or field of study is a branch of Knowledge which is taught or Researched at the college or university level This is a sub-article to Religious education, Academic discipline, and Islam. This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. This is a sub-article of Islamic jurisprudence and Etiquette. This is a sub-article to Islamic jurisprudence and Islamic theology. This is a sub-article to Fiqh and Hygiene Hygiene is a prominent topic in Islam. There are two types of armed religious warfare in Islam namely the defensive jihad and the Offensive jihad. Offensive Jihad is Jihad to expand the realm of Islam. As used by Muslims such as Abdullah Yusuf Azzam and Sayyid Qutb, offensive jihad Hudna (هدنة is an Arabic term meaning " Truce " or " Armistice " as well as "calm" or "quiet" coming Istijarah (Arabic "إستجارة" is an Islamic term for asylum, accepting a person at risk as a member of own tribe This is a sub-article to Islamic military jurisprudence and Prisoner of war Ma malakat aymanukum ("what your right hands possess" Jihad (جهاد ʤɪhæːd an Islamic term, is a religious duty of Muslims. Jihad (جهاد ʤɪhæːd an Islamic term, is a religious duty of Muslims. These laws govern actions pertaining to diplomacy and warfare, in accordance with the traditional Islamic code. Diplomacy is the art and practice of conducting Negotiations between representatives of groups or states War is an international relations Dispute, characterized by organized Violence between National Military units Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. Military rulings in Islam are derived from interpretations of the Qur'an and the traditions of Muhammad, and vary slightly amongst the different schools of thought. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or ^[1]

Islamic military jurisprudence refer to what has been accepted in Fiqh by ulema (Islamic scholars) as the correct Islamic manner which expected to be obeyed by Muslims, but it may differ with what has been done in Muslim history. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several Muslim history began in Arabia with the Muhammad 's first recitations of the Qur'an in the 7th century

Development of rulings

See also: Jihad, Muhammad as a general, and Muhammad as a diplomat

The first military rulings were formulated during the first century after Muhammad established an Islamic state in Medina. Jihad (جهاد ʤɪhæːd an Islamic term, is a religious duty of Muslims. Muhammad as a general refers to one of the roles played by the Islamic prophet Muhammad as the leader of the Ummah at Medina Muhammad (c 570 – 632) is documented as having engaged as a diplomat during his propagation of Islam and leadership over the These rulings evolved in accordance with the interpretations of the Quran (the Muslim holy scriptures) and Hadith (the recorded traditions of Muhammad). The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic The key themes in these rulings were the justness of war, and the injunction to jihad. JUSTICE is a Human rights and law reform organisation based in the United Kingdom. The rulings do not cover feuds and armed conflicts in general. A feud (ˈfjuːd (referred to in more extreme cases as a blood feud or vendetta) is a long-running argument or fight between parties&mdashoften through Guilt ^[2]

Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the Meccan Quraish against Muslims. Mecca ˈmɛkə also spelled Makkah ˈmækə (in full Makkah Al-Mukarramah (Arabic mækːæ(t ælmʊkarˑamæ مكّة المكرمة, literally Honored Quraish is also the name of a Surah in the Qur'an. Quraysh or Quraish (Arabic ar قريش It was interpreted as the struggle in God's cause to be conducted by the Muslim community. Allah ( Arabic: الله, ʔalˤːɑːh) is the standard Arabic word for ' Ummah (أمة is an Arabic word meaning Community or Nation. It is commonly used to mean either the collective nation of states, or (in the Injunctions relating to jihad have been characterized as individual as well as collective duties of the Muslim community. Ummah (أمة is an Arabic word meaning Community or Nation. It is commonly used to mean either the collective nation of states, or (in the Hence, the nature of attack is important in the interpretation — if the Muslim community as a whole is attacked jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-governed lands (Dar al-Islam) and non-Muslim lands (Dar al-Harb). The house of divisions in Islam such as "Dar al-Islam" and "Dar al-Harb" does not appear in the Koran or the Hadith. The house of divisions in Islam such as "Dar al-Islam" and "Dar al-Harb" does not appear in the Koran or the Hadith. ^[2]

Military jurisprudence, over time, has been affected by other factors as well. Hamidullah lists the practices of early caliphs (revered as righteous), consensus amongst Muslim jurists (ijma) and norms established by treaties, pacts and conventions as sources for Islamic military law. The Rightly Guided Caliphs or The Righteous Caliphs ( ar الخلفاء الراشدون) is a term used in Sunni Islam to refer to the first Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam ^[3]

According to Shaheen Sardar Ali and Javaid Rehman, the Islamic military laws are in line with rules of modern international law, although not entirely synonymous. Ali and Rehman also reject the notion that Islamic laws fall short of modern standards and argue that Islamic legal principles can be applied to modern law to build a better order. They point to the dual commitment of Organisation of the Islamic Conference (OIC) member states (representing most of the Muslim world) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems. The Organization of the Islamic Conference (OIC is an International organization with a permanent delegation to the United Nations. The term Muslim world (or Islamic world) has several meanings ^[3]

Ethics of warfare

See also: Islamic ethics

The basic principle in fighting in the Quran is that other communities should be treated as one's own. Islamic ethics ( akhlāq) defined as "good character" historically took shape gradually from the 7th century and was finally established by the 11th Fighting is justified for legitimate self-defense, to aid other Muslims and after a violation in the terms of a treaty, but should be stopped if these circumstances cease to exist. ^[4][5][6][7] Although the language can be considered militant, the principle of forgiveness is reiterated in between the assertions of the right to self-defence. ^[4]

During his life, Muhammad gave various injunctions to his forces and adopted practices toward the conduct of war. The most important of these were summarized by Muhammad's companion, Abu Bakr, in the form of ten rules for the Muslim army:^[8]

These injunctions were honored by the second caliph Umar, during whose reign (584 – 644) important Muslim conquests took place. The initial Arab Muslim conquests (632–732 (فتح Fatah, literally opening, also referred to as the Islamic conquests or Arab ^[9] These principles were also honoured during the Crusades, as exemplified by sultans such as Saladin and al-Kamil. The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents Salahadin Ayyubi ( Arabic:صلاح الدين يوسف بن أيوب Kurdish: سه‌لاحه‌دین ئه‌یوبی Selah'edînê Eyubî; c Al-Kamil (الكامل ( epithet: al-Malik al-Kamel Naser al-Din Abu al-Ma'ali Muhammed) (1180-1238 was an Ayyubid Sultan of Kurdish For example, after al-Kamil defeated the Franks during the Crusades, Oliverus Scholasticus praised the Islamic laws of war, commenting on how al-Kamil supplied the defeated Frankish army with food:^[10]

"Who could doubt that such goodness, friendship and charity come from God? Men whose parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands we took, whom we drove naked from their homes, revived us with their own food when we were dying of hunger and showered us with kindness even when we were in their power. The Franks or Frankish people (Franci or gens Francorum) were West Germanic tribes first identified in the 3rd century as an Ethnic group The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war "^[11]

In addition during battle of Siffin Ali, the Caliph, said Islam does not permit Muslims to stop the supply of water to their enemy. The Battle of Siffin (May-July 657 CE occurred during the First Fitna, or First Muslim civil war with the main engagement taking place from July 26 to July 28 ^[12]

The early Islamic treatises on international law from the 9th century onwards covered the application of Islamic ethics, Islamic economic jurisprudence and Islamic military jurisprudence to international law,^[13] and were concerned with a number of modern international law topics, including the law of treaties; the treatment of diplomats, hostages, refugees and prisoners of war; the right of asylum; conduct on the battlefield; protection of women, children and non-combatant civilians; contracts across the lines of battle; the use of poisonous weapons; and devastation of enemy territory. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards Islamic ethics ( akhlāq) defined as "good character" historically took shape gradually from the 7th century and was finally established by the 11th This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law The law of treaties is that part of International law which deals with legally binding agreements between states generally referred to as treaties. Diplomacy is the art and practice of conducting Negotiations between representatives of groups or states A hostage is a person or entity which is held by a captor The original definition meant that this was handed over by one of two belligerent parties to the other or seized as security According to the 1951 Convention Relating to the Status of Refugees, a refugee is a person who owing to a well-founded fear of being persecuted for reasons of race Right of asylum (or political asylum) is an ancient Judicial notion under which a person persecuted for political opinions or religious beliefs in his The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war Non-combatant is a military and legal term describing Civilians not engaged in combat A civilian under International humanitarian law is a person who is not a member of his or her Country 's Armed forces. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law In the context of Biology, poisons are substances that can cause damage, Illness, or Death to Organisms usually by ^[10]

Criteria for soldiering

Muslim jurists agree that Muslim armed forces must consist of debt-free adults who possess a sound mind and body. For the 2008 British film by Noel Clarke see Adulthood (film. In addition, the combatants must not be conscripted, but rather enlist of their free will, and with the permission of their family. Conscription (also known as the draft, the call-up or national service) is a general term for involuntary labor demanded by some established authority ^[14]

Traditionally, "adults" have been defined as post-pubescent individuals above the age of 15. Due to expediency during the Iran-Iraq war, however, Ruhollah Khomeini (Iran's then supreme political and Islamic leader) issued a fatwa lowering the age of the combatants as well as waiving the family's permission as a condition to enlist. Seyyed Ruhollah Musavi Khomeini ( Persian:, pronounced muːsæviː-je xomejniː}}( September 24, 1902 – June 3 1989 The post of Supreme Leader ( Persian: رهبر انقلاب Rahbare Enqelab, lit A fatwā (فتوى plural fatāwā فتاوى in the Islamic faith is a religious opinion on Islamic law issued by an ^[14]

Legitimacy of war

See also: Defensive jihad and Offensive jihad

Muslims have struggled to differentiate between legitimate and illegitimate wars. There are two types of armed religious warfare in Islam namely the defensive jihad and the Offensive jihad. Offensive Jihad is Jihad to expand the realm of Islam. As used by Muslims such as Abdullah Yusuf Azzam and Sayyid Qutb, offensive jihad Fighting in self-defense is not only legitimate but considered obligatory upon Muslims, according to the Qur'an. The Qur'an, however, says that should enemy hostile behavior cease, then the reason for engaging such enemy also lapses. ^[15]

Some scholars argue that war may only be legitimate if Muslims have at least half the power of the enemy (and thus capable of winning it). Other Islamic scholars consider this command only for a particular time. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several ^[16]

Defensive conflict

The Hanafi school of thought holds that war can only be launched against a state that had resorted to armed conflict against the Muslims. The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs War, according to the Hanafis, can't simply be made on the account of nation's religion. ^[15] Sheikh Abdullah Azzam considers the defense by Muslims of their territory as one of the foremost obligations after faith. ^[17] Abdulaziz Sachedina argues that the original jihad was permission to fight back against those who broke their pledges. Abdulaziz Sachedina is the Frances Myers Ball (Chair Professor of Religious Studies at the University of Virginia, teaching mainly subjects associated with Islam Thus the Qur'an justified defensive jihad by allowing Muslims to fight back against hostile and dangerous forces. ^[18]

Offensive conflict

Muhammad ibn Idris ash-Shafi`i (d. TemplateInfobox Muslim scholars --> Al-Shafi'i, Arabic Jurist (150 AH/767 AD - 204 AH/820 AD 820), founder of the Shafi'i school of thought, was the first to permit offensive jihad. The Shāfi‘ī Madhab ( ar شافعي) is one of the four schools of Fiqh, or religious law within He limited this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims. ^[15]

Javed Ahmad Ghamidi believes that after Muhammad and his companions, there is no concept in Islam obliging Muslims to wage war for propagation or implementation of Islam. Javed Ahmad Ghamidi ( Urdu: جاوید احمد غامدی) (b IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics In Islam, the Ṣaḥābah (الصحابة "Companions" were the companions of the Islamic prophet Muḥammad. Proselytism is the practice of attempting to convert people to another opinion and particularly another religion The only valid basis for military jihad is to end oppression when all other measures have failed. Islam only allows jihad to be conducted by a government. For the government of parliamentary systems see Executive (government. ^[19][20][21]

According to Abdulaziz Sachedina, offensive jihad raises questions about whether jihad is justifiable on moral grounds. Abdulaziz Sachedina is the Frances Myers Ball (Chair Professor of Religious Studies at the University of Virginia, teaching mainly subjects associated with Islam Offensive Jihad is Jihad to expand the realm of Islam. As used by Muslims such as Abdullah Yusuf Azzam and Sayyid Qutb, offensive jihad He states that the Qur'an requires Muslims to establish just public order, increasing the influence of Islam, allowing public Islamic worship, through offensive measures. To this end, the Quranic verses revealed in the latter part of Muhammad's career require Muslims to wage jihad against unbelievers. This has been complicated by the early Muslim wars of expansion, which he argues were although considered jihad by Sunni scholars, but under close scrutiny can be determined to be political. The initial Arab Muslim conquests (632–732 (فتح Fatah, literally opening, also referred to as the Islamic conquests or Arab Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Moreover, the offensive jihad points more to the complex relationship with the "People of the book" than their conversion. ^[18]

International conflict

International conflicts are armed strifes conducted by one state against another, and are distinguished from civil wars or armed strife within a state. ^[22] Some classical Islamic scholars, like Shafi'i classified territories into broad categories: dar al-islam ("abode of Islam"), dar al-harb ("abode of war), dar al-ahd ("abode of treaty"), and dar al-sulh ("abode of reconciliation"). Such categorizations of states, according to Asma Afsaruddin, are not mentioned in the Qur'an and Islamic tradition. Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” ^[15]

Declaration of war

The Quran commands Muslims to make a proper declaration of war prior to the commencement of military operations. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Thus, surprise attacks are illegal under the Islamic jurisprudence. A military strike is a limited attack on a specified target Strikes are used amongst other things to render facilities inoperable (e The Quran had similarly commanded Muhammad to give his enemies, who had violated the Treaty of Hudaybiyyah, a time period of four months to reconsider their position and negotiate. The Treaty of Hudaybiyya ( Arabic: صلح الحديبية) is the treaty that took place between the state of Medina and the Quraishi ^[23] This rule, however, is not binding if the adversary has already started the war. ^[24] Forcible prevention of religious practice is considered an act of war. Religious persecution is the systematic mistreatment of an individual or group of individuals as a response to their religious beliefs of affiliations. ^[25]

Sunni jurists believe that jihad can be declared by a political leader with the sanction of religious Islamic authorities. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Jihad (جهاد ʤɪhæːd an Islamic term, is a religious duty of Muslims. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several The Shia jurists, however, hold that only a just spiritual leader can declare jihad and ensure that it is conducted in accordance with the principles of justice. Imāmah (إمامة is the Shī‘ah doctrine of religious spiritual and political leadership of the Ummah. Historically, the lack of a central religious authority has created problems with the general acceptance of these declarations. Rulers and other individuals have on occasion declared jihad even when Islamic clerics have refused to categorize the conflict as such. An example of such a declaration was made by the Ottoman Sultan during World War I. The Ottoman Empire (1299–1923 ( Old Ottoman Turkish: دولتْ علیّه عثمانیّه Devlet-i Âliye-yi Osmâniyye, Late Ottoman and Modern Turkish Sultan (سلطان is an Islamic title with several historical meanings World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All ^[26]

Conduct of armed forces

The Quran discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle. ^[27]

In combat

During battle the Quran commands Muslims to fight against the enemy. However, there are exceptions to such combat. Torturing the enemy, and burning the combatants alive is strictly prohibited. ^[28] The mutilation of dead bodies is also prohibited. ^[29]

According to professor Sayyid Dāmād, no explicit injunctions against use of chemical or biological warfare were developed by medieval Islamic jurists as these threats were not recognized. Chemical warfare involves using the toxic properties of Chemical substances to kill injure or incapacitate an enemy. Biological warfare (BW — known as a germ warfare, biological weapons and bioweaponry — is the use of any Pathogen ( Bacterium However, Khalil al-Maliki's Book on jihad states that combatants are forbidden to employ weapons that cause unnecessary injury to the enemy, except under dire circumstances. The book, as an example, forbids the use of poisonous spears, since it inflicts unnecessary pain. This is an article about a particle accelerator For uses of spear, see Spear or Spear (disambiguation. ^[30]

Civilian areas

Islam expressly prohibits the killing of women, children, and those who have not participated in the war. ^{[31] [32]} Javed Ghamidi argues that this principle is not just based on the Islamic faith but also founded in customs and reason. Customs is an Authority or agency in a Country responsible for collecting and safeguarding customs duties and for controlling the flow of goods Reason involves the ability to think understand and draw Conclusions in an Abstract way as in Human thinking ^[33] Shia scholar Ayatollah Mohammad Taqi Mesbah-Yazdi holds a similar position regarding non-combatants. Ayatollah Mohammad Taghi Mesbah Yazdi ( محمد تقی مصباح یزدی) (born 1934) is a Hardline Iranian Twelver ^[34]

Harming civilian areas and pillaging residential areas is also forbidden,^[35] as is the destruction of trees, crops, livestock and farmlands. ^[36][37] The Muslim forces may not loot travellers, as doing so is contrary to the spirit of jihad. Jihad (جهاد ʤɪhæːd an Islamic term, is a religious duty of Muslims. ^[38] Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate the people financially for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies. ^[39][40]

Negotiations

Commentators of the Quran agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. According to Maududi, Islam does not permit Muslims to reject peace and continue bloodshed. ^[41]

Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to achieve a just resolution of the dispute. ^[42]

Ceasefire

In the context of seventh century Arabia, the Quran ordained Muslims must restrain themselves from fighting in the months when fighting was prohibited by Arab pagans. The Arabian Peninsula (in Arabic: شبه الجزيرة العربية šibh al-jazīra al-ʻarabīya or جزيرة العرب jazīrat al-ʻarab) Paganism (from Latin paganus, meaning "country dweller rustic" is a word used to refer to various religions and religious beliefs from across the world The Qur'an also required the respect of this cease-fire, prohibiting its violation. ^[43]

If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression. ^[44] The "sword verse", which has attracted attention, is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). This is a sub-article to At-Tawba. Introduction Certain Ayahs (verses from the Qur'an have been a subject of controversy by Crone states that this verse seems to be based on the same above-mentioned rules. Here also it is stressed that one must stop when they do. ^[4][6] Ibn Kathir states that the verse implies a hasty mission of besieging and gathering intelligence about the enemy, resulting in either death or repentance by the enemy. Ismail ibn Kathir (ابن كثير (1301&ndash1373 was an Islamic scholar and renowned commentator on the Qur'an. ^[45] Crone continues that there is only one verse in the Qur'an which seems to endorse war of aggression. However, if read as a continuation of previous verses, it would be concerned with the same oath-breaking of "polytheists". ^[4]

Prisoners of War

Main article: Prisoners of war in Islam

See also: Islam and slavery

The legal principles governing the treatment of prisoners of war are outlined in the Islamic law (in the traditional schools of Islamic jurisprudence). The rules and regulations concerning prisoners of war in Islam are covered in manuals of Islamic jurisprudence, based upon Islamic teachings in both the The major juristic schools of Islam traditionally accepted the institution of Slavery. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or These principles closely mirror the pre-Islamic norms of society during Muhammad's time.

Men, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, freed, ransomed, exchanged for Muslim prisoners,^[46] or kept as slaves. ^[47] In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write. ^[48] Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners. ^[49]

Women and children prisoners of war cannot be killed under any circumstances, regardless of their religious convictions,^[50] but they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage and referred to as ma malakat aymanukum. This is a sub-article to Islamic military jurisprudence and Prisoner of war Ma malakat aymanukum ("what your right hands possess" Islamic law does not put an exact limit on the number that can be kept in bondage. It strictly forbids keeping female slaves as a means of sexual enjoyment and luxury according to the Islamic scholar Maududi. Sayyid Abul A'la Maududi (Urdu سید ابو الاعلىٰ مودودی - alternative spellings of last name Maudoodi, and Mawdudi) ( -) also known ^[51]

Internal conflict

Internal conflicts include "civil wars", launched against rebels, and "wars for welfare" launched against bandits. ^[22]

During their first civil war, Muslims fought at the Battle of Bassorah. "Battle of Basra" redirects here For other battles of Basra see Battle of Basra (1914, Battle of Basra (2003 and Battle of Basra (2008 In this engagement, Ali (the caliph), set the precedent for war against other Muslims, which accepted by most later Muslims. ‘Alī ibn Abī Ṭālib (a=علي بن أﺑﻲ طالب|t=ʿAlī ibn Abī Ṭālib 13th Rajab, 24 BH – 21st Ramaḍān, 40 AH According to Ali's rules wounded or captured enemies should not be killed, those throwing away their arms should not be fought, and those fleeing from the battleground should not be pursued. Only captured weapons and animals (horses and camels which have been used in the war) are to be considered war booty. No war prisoners, women or children are to be enslaved and the property of the slain enemies are to go their legal Muslim heirs. ^[52]

Different views regarding armed rebellion have prevailed in the Muslim world at different times. An insurgency is a violent internal uprising against a sovereign government that lacks the organization of a revolution During the first three centuries of Muslim history, jurists held that a political rebel may not be executed nor his/her property confiscated. ^[53]

Classical jurists, however, laid down severe penalties for rebels who use "stealth attacks" and "spread terror". Terrorism is the systematic use of terror especially as a means of coercion In this category, Muslim jurists included abductions, poisoning of water wells, arson, attacks against wayfarers and travellers, assaults under the cover of night and rape. In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator. Further, rebels who committed acts of terrorism were granted no quarter. Terrorism is the systematic use of terror especially as a means of coercion ^[53]

See also

• Geneva Conventions
• Hague conventions
• Itmaam-i-hujjat
• Jihad
• Laws of war
• Militant Islam
• Opinion of Islamic scholars on Jihad

Notes

References

• Aboul-Enein, H. Yousuf; Zuhur, Sherifa, "Islamic Rulings on Warfare", Strategic Studies Institute, US Army War College, Diane Publishing Co. , Darby PA, ISBN 1428910395
• Abu-Nimer, Mohammed (2000-2001). "A Framework for Nonviolence and Peacebuilding in Islam". Journal of Law and Religion 15 (1/2). Retrieved on 2007-08-05.
• Ali, Abdullah Yusuf (1991). Hafiz Abdullah Yusuf Ali ( 14 April 1872 - 10 December 1953) was a South Asian Islamic scholar who translated The Holy Quran. Medina: King Fahd Holy Qur-an Printing Complex.  
• Dāmād, Sayyid Mustafa Muhaqqiq et al. (2003). Islamic views on Human Rights. Tehran: Center for Cultural-International Studies. Tehran (or Teheran) ( Persian: تهران Tehrān) is the capital and largest City of Iran, and the administrative center of
• Crone, Patricia (2004). God’s Rule: Government and Islam. New York: Columbia University Press. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous Columbia University Press is a University press based in New York City, and affiliated with Columbia University.
• Javed Ahmad Ghamidi, Mizan (2001). Javed Ahmad Ghamidi ( Urdu: جاوید احمد غامدی) (b worship javedjpg|100px|right]]manner javedjpg|100px|right]] Mizan ( English: balance; scale, Urdu: ميزان) is a comprehensive The Islamic Law of Jihad, Dar ul-Ishraq. Al-Mawrid is an Islamic research institute in Lahore, Pakistan founded in 1983 and then re-established in 1991. OCLC 52901690
• Madelung, Wilferd (1997). The OCLC Online Computer Library Center is according to its website a "nonprofit membership computer library service and research organization dedicated to the public purpose Wilferd Ferdinand Madelung (born 26 December 1930) is a scholar of Islam. The Succession to Muhammad: A Study of the Early Caliphate. Cambridge University Press. ISBN 0521646960.  
• Maududi, Sayyid Abul Ala (1967). The Meaning of the Quran. The Meaning of the Qur'an (Arabic Tafhim al-Qur'an) is a book in six volumes written by the Islamic scholar Sayyid Abul Ala Maududi Lahore: Islamic publications.  
• Maududi, Sayyid Abul Ala (1998). Human Rights in Islam. Islamabad: Da'wah Academy.  
• Encyclopaedia of Islam. (2005). Ed. M. Mukarram Ahmed, Muzaffar Husain Syed. Anmol Publications PVT. LTD. . ISBN 8126123397.  

External links

• Islamic Texts on the rules of war
• Defending The Transgressed By Censuring The Reckless Against The Killing Of Civilians
• Islam Q&A: Treatment of prisoners-of-war in Islam
• Islamtoday.net: Islamic Law and Prisoners of War
• Directives of Islam Regarding Jihad
• hWeb: The Rules of War According to Islam