Mercy in War and the Preservation of the Highest Human Morals

Mercy in War and the Preservation of the Highest Human Morals

If indeed war became essential a Muslim provides the highest example of mercy, virtue and the maintenance of the most noble of human moral principles. For if the scale tilts towards the side of the believers, and they become victorious, then the Qur’an obliges them to restrain themselves from fighting, preserve the prisoners they have taken so that they may offer them, afterwards, their freedom or exchange them for their brothers who have been taken by the enemy; thus doing good to two groups of Allah’s servants. In this respect the Qur’an

says:

‘So when you meet (in fighting), those who disbelieve (and fight you), smite at their

necks till you have killed and wounded many of them, then bind a bond firmly.

Thereafter (is the time) either for generosity, or ransom, until the war lays down its

burden.’

(Surat-Muhammad (47), ayah 4)

As for the slaves, we will talk about them in detail on another occasion. For now it suffices to say that Islam replaced the historical sentence for a captive from capital punishment (death) to life imprisonment. Through enslavement. However, Islam has made it very easy for the slave to regain his freedom. Islam does not, in anyway permit slavery except in these circumstances.

Furthermore, a Muslim, during the course of his combat does not transgress, corrupt, destroy or steal; nor kill women, children or elderly persons; nor does he follow a deserter (enemy deserter), kill an injured person or mutilate a dead person; neither does he mistreat a prisoner or a man of religion, nor intend to strike any one inthe face.

Abu Dawood has narrated that Ibn Mas’ud (RA) said that the messenger of Allah said:

‘The most gentle and honourable of those who kill are the follower of the faith’

And Bukhaari relates on the authority of Abdullah Ibn Yazeed Al-Ansaari (RA) that the Prophet (PBUH.):

‘Forbade robbery (at the time of war) and the degradation of the dead.’

Abu Dawood narrates that Abu Ya’laa (RA) said that when once we were in a battle with Abdul-Rahman Ibn Khalid Ibn Al-Waleed (RA), four of the elders of the enemy were brought to him. He ordered that they be killed slowly with arrows. When news of this reached Abu Ayoob Al-Ansaari (RA) he said:

‘I heard the Prophet (PBUH) prohibit slow killing." : "By He in whose hands is my soul, if it be a chicken I wouldnot subject it to slow death." Immediately subsequent to hearing this, Abdul-Rahman went and freed fourslaves.’

The six Imams, except An-Nisaa’i, narrate that Umar (RA) said:

‘During one of the Prophets battles, I found a woman that had been killed. In response to this the Prophetprohibited the killing of women and children during war.’

Muslim, Abu Dawood and At-Tirmidhi narrate that Bura’dah (RA) said:

‘Whenever the Prophet of Allah briefed one of his army commanders, he reminded him to fear Allah in hisactions, and to treat well those believers who are with him. Then the Prophet would tell him to fight in the nameof Allah those who turn away from him. Fight and do not exceed your limits, do not transgress and do not kill achild’

This commitment was taken further by all the subsequent khalifahs and amirs; always entrusting the leaders oftheir armies with it on their conquests. Abu Bakr (RA) commanded Usama (RA) with it when he said:

‘Do not deceive, do not dishonour a treaty, do not mutilate the dead; nor should you kill a child, an old man or a woman. Do not destroy palm trees nor burn them, neither are you to cut a fruitful tree, do not kill a lamb, a cow or a camel except for purposes of food. You will come across a people who have devoted themselves to the monasteries; leave them, and what they do.’

Have you seen, anywhere, hearts more tender than these ?

Honouring Pacts and Covenants

If there is a pact, a treaty or a covenant then Islam is strict in commanding that it should be honoured, kept and conformed to in the strictest sense, and warns those who disrespect such treaties in the strongest possibleterms. Many verses and ahadith are very clear in this regards:

‘And fulfil the covenant of Allah you have covenanted, and break not the oaths after

you have confirmed them, and indeed you have appointed Allah your surety. Verily!

Allah knows what you do. And be not like her who undoes the thread which she spun

after it has become strong, by taking your oaths a means of deception among

yourselves, lest one party be more numerous than another. Allah only tests you by

this. And on the Day of Resurrection, he will certainly make clear to you that wherein

you used to differ.’

(Surat-an-Nahl (16), ayahs 91-92)

‘Except those of the polytheists with whom you have a treaty, and who have not

subsequently failed you in ought, nor have supported any one against you. So fulfil

their treaty to them to the end of their term. Surely Allah loves the pious.’

(Surat-at-Tawbah (9), ayah 4)

‘And fulfil (every) covenant. Verily! the covenant, will be questioned about.’

(Surah Al-Israa’ (17), ayah 34)

Also Abu Dawood has narrated that Safwan Ibn Saleem said that many of the sons of the companions of the messenger of Allah said that their fathers said that the messenger (PBUH.) said:

‘Whoever oversteps or does injustice to whom he has a covenant with, or asked him for what which is beyond his powers, unless the latter does it out of generosity and good will, then I will advocate against the transgress or on the day of judgement.’

The people of Samarqand said to their governor: ‘Qutaiba has dishonoured his oath with us, betrayed and wronged us and taken away our country; but Allah has now spread justice and equity, so give us permission to send a convoy from amongst ourselves to the Khalifah (Umar Ibn Abdul-Aziz (RA)) to complain to him about the tyranny that has besieged us and to take back our dues.’ He granted them permission, and so they went to Umar. When Umar heard their complaints, he wrote to Sulaiman saying: "The people of Samarqand have

complained to me about their unfortunate treatment, and the campaign of Qutaibah against them. If you receive this letter of mine call a judge to look into their case; if he shall rule in their favour then give them back their country, just as they were before. Sulaiman appointed Jamee’ Ibn Haadr (RA) as the judge who would consider their case. The Judge ruled that the people of Samarqand return to their land to either reach a peaceful conclusion with him (Qutaibah), or if he refuses this solution to resort to the use of violence to drive him outafter warning him in advance. The people said: ‘We will agree to our previous agreements and we do not wantto enter into war.’ They said that they have mixed and lived with (the Muslims) who gave them security.

‘Moreover, if we resort to war we know not for whom will be victory, for, if victory does not side with us we would have created more hosility following the conflict.’ So they left things as they were and were contented with a peaceful solution and did not fight. This is the highest limit of justice and the honouring of covenants.