Treatment of prisoners and hostages in Islamic jurisprudence

Summary:

Praise be to Allah، Lord of the worlds، and peace and blessings be upon the one sent as a mercy to all creation، Prophet Muhammad ibn Abdullah—may Allah’s prayers and peace be upon him، his family، and companions abundantly.

This research، titled “The Treatment of Prisoners and Hostages in Islamic Jurisprudence،” represents one of the guiding lights of Islamic law that reflects the nobility and dignity of the tolerant teachings brought by the best of creation، Prophet Muhammad (peace be upon him). It highlights the ethics of Muslims in dealing with enemies even during times of war—circumstances in which such conduct is often absent from the victorious side or others.

The study explains، with evidence and analysis، the rulings of jihad in Islamic jurisprudence and the consequences that arise from warfare. It examines how Islam treats prisoners and hostages after battles، as well as during the preparation for war، such as when scouts are sent into enemy lands and may fall captive. It addresses both specific and general rulings، whether Muslims are captured by enemies or enemies are captured by Muslims.

The treatment of prisoners in Islam، across its various stages، has never been—and will never be—based on retaliation or reciprocity، unlike how disbelievers may treat Muslim prisoners and hostages when they fall into captivity.

This is a general overview of the research topic. The first section discusses the definition of prisoners and captives (saby) and their rulings. The second section addresses the rulings concerning hostages، their definition، their treatment، and the concept of safe-conduct (aman) along with its regulations.

Each section includes detailed subtopics related to the subject matter.

The research also presents a number of findings and recommendations، including the necessity of reinforcing the principle of kind and humane treatment of prisoners and hostages، and adhering to the concept of safe-conduct (aman) as legislated by Allah and His Noble Messenger.