Alhamdulillaah Alhamdulillah Alhamdulillaah
A noble brother just give me the following article. Written by our beloved Shaikh, the Martyr, Yusuf ibn Saalih al-'Uyayree.
Enjoy : )
Guiding the Perplexed on the Permissibility of Killing the Prisoners
From Shaykh Yoosuf bin Saalih al-'Uyayri
To proceed:
Islaam came with a set of revealed legislations, delivered from above seven-heavens. In this legislation, the Legislator - subhaanah - decreed sufficiently all the matters that will come to affect the ummah. Thus Allah says, “And we revealed the book, clarifying (tibyaanan) everything”.
From amongst those matters is this issue of prisoners. This issue is not new, for it was faced by the Prophet sallallahu ‘alayhi wa aalihi wa salam, and his companions and the khulafaa` thereafter, and in their actions and treatment is the greatest of guidance and wisdom for the one who seeks it.
The question is: What is the ruling on killing prisoners, and how do we reply to those who say that prisoners in Islaam are not killed but rather are either freed or ransomed, due to His saying, “Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islaam”[47:4]?
Answer: On this issue are five mathaahib (opinions):
The first is that a mushrik prisoner must be killed. No amnesty may be granted to him, nor can he be ransomed. And the ayah above is abrogated by His saying, “It is not for a Prophet that he should have prisoners of war (and free them with ransom) until he had made a great slaughter (among his enemies) in the land.”[8:67] and; “Then when the Sacred Months (the 1st, 7th, 11th, and 12th months of the Islaamic calendar) have passed, then kill the Mushrikoon wherever you find them”[9:5] and; “Punish them severely in order to disperse those who are behind them, so that they may learn a lesson” [8:57].This is the view held by Qataadah, ad-Dahaak, as-Suddi, Ibn Jurayj and Ibn ‘Abbaas and many of the scholars of Koofa.
But this view is contradictory to what is most correct as will become clear, bi ithn illah.
The second is that all kufaar mushrikeen and the People of the Book (i.e., Jews and Christians) are to be killed. They may not be granted amnesty, nor can they be ransomed.
This view is more wide-ranging than the one before, and is narrated as the view of Qataadah and Mujaahid who said: “If a mushrik is captured, it is not permissible to grant him amnesty or to ransom him so that he may return to the mushrikeen, and it is not permissible except for the woman as she is not killed, and the (aayah) is abrogated by His saying, “Then when the Sacred Months (the 1st, 7th, 11th, and 12th months of the Islaamic calendar) have passed, then kill the Mushrikoon wherever you find them” [9:5]. This soorah was the last to be revealed, thus it is obligatory to kill every mushrik, except the one for whom there is evidence to absolve them of this, such as the women and children, and the ones from whom jizyah is taken. This is the popular view of the mathhab of Abu Haneefah, and the logic behind it is, that by not killing such individuals, it is possible that they return to fight Islaam.
‘Abdurazzaaq (in his Musannaf) mentioned: Ma’mar informed us, from Qataadah, “Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islaam” [47:4].He said: It was abrogated by: “Punish them severely in order to disperse those who are behind them, so that they may learn a lesson” [8:57].And Mujaahid said: It was abrogated by: “Then when the Sacred Months (the 1st, 7th, 11th, and 12th months of the Islaamic calendar) have passed, then kill the Mushrikoon wherever you find them” [9:5], and this is the saying of al-Hakam.
The third it is not permissible in the case of a prisoner except to grant him amnesty or to ransom him, due to His saying, subhaanahu wa ta’ala, “Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islaam” [47:4]; and they said it was the last of what was revealed unto the Messenger, sallallahu ‘alayhi wa aalihi wa salam regarding the prisoners, and it provides two choices: amnesty or ransom, and it is not permissible to go beyond that. They also stated that this aayah abrogates those before it. (This saying) is narrated by ad-Dahaak and others.
ath-Thawri narrates from Juwaybir, from ad-Dahaak, “Then when the Sacred Months (the 1st, 7th, 11th, and 12th months of the Islaamic calendar) have passed, then kill the Mushrikoon wherever you find them” [9:5] , he said: It was abrogated by “Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islaam” [47:4]. Ibn al-Mubaarak narrated from Ibn Jurayj from ‘Ataa` who said: “Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islaam),”so the mushrik is not killed, but rather is either granted amnesty or ransomed, as Allah says.
al-Ash’at said: al-Hasan (al-Basri) used to hate* for the prisoner to be killed, and would recite, “Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islaam)”. He claimed that it is not for the Imaam to kill the prisoner if he captures him, but has three choices: either to grant amnesty, ransom or enslave.
This view is refuted on two folds: Firstly, due to the what the Messenger sallallahu ‘alayhi wa aalihi wa salam did, even after the revelation of this ayah and secondly, if we were to accept that this saying is strong, then it is not an evidence against us, as the war has not laid down its burden, and the aayah mentions that as a condition, “until the war lays down its burden.” [47:4]**. So there is no evidence possessed by these people.
Continued in the next thread...