REFLECTIONS: RULES OF WAR IN ISLAM





Fighting for the sake of Allah (swt) or engaging in the act of war is an action that, like any other action, must comply with and follow the commands of Allah (swt). Muslims are required by Shariah to observe and adhere to what they are allowed to do and what they are not. Rules of war are no exception.

Adhering to the Commands of Allah (swt)
Allah (swt) has decreed upon us His commands in all venues of life.  We as Muslims are required to follow the Ahkam (rules) of Sharia. He (swt) says:

“It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have
any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error.”
[TMQ 33: 36]

We are further required to have full submission to these Ahkam. He (swt) also says:

“But no, by your Lord, they can have no Faith, until they make you (O Muhammad SAW) judge in all disputes
between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.”
[TMQ 4: 65]

He (swt) describes obedience and submission to His commands as the real success and those who obey and submit to His commands as winners. He (swt) says:

“The only saying of the faithful believers, when they are called to Allah (His Words, the Qur'an) and His Messenger
(SAW), to judge between them, is that they say: “We hear and we obey.” And such are the prosperous ones (who will
live forever in Paradise). And whosoever obeys Allah and His Messenger (SAW), fears Allah, and keeps his duty (to
Him), such are the successful ones.” [TMQ 24: 51-52]

Life is Sacred in Islam
Islam has made life, in all its forms, a sacred matter and deserving of great care. He (swt) says regarding human live:

“Whoever kills a person [unjustly]…it is as though he has killed all mankind. And whoever saves a life, it is as though he had saved all mankind.” [TMQ 5:32]

This is not only limited to human life but also encompasses animals and plants. As mentioned in the Seerah, among what RasoulAllah (saw) used to advise and command the commanders and leaders of expeditions and armies is not to harm people who were not involved in fighting – children, women and old people –  and not to destroy or burn trees.

Underlying Principles of Fighting
Like any other behavior or action in our life, Islam governs the act of using physical force and war in great details. Allah (swt) and His Messenger (saw) described for us when to use physical force, fight in the battlefield, how such actions must be carried out, and how Muslims must conduct themselves. This applies to fighting against non-Muslims and Muslim aggressors alike.

One of the underlying principles for fighting in Islam is that using physical force, fighting and engaging in war are all to be carried out for the sake of Allah (swt) according to His commands. Allah (swt) says:

 “Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors.” [TMQ 2:190]

RasoulAllah (Saw) says as narrated in Al-Bukhari and Muslim “He who fights in order that the Word of Allah remains the supreme, is considered as fighting in the cause of Allah”. Hence, fighting or indulging in any act related to fighting or war for any reason other than for the sake of Allah (swt), like personal gain, retaliation, fame, wealth, political or economic gains, or any other reason or agenda is forbidden.

Another underlying principle is refraining from using force or military action unless is necessary and permitted by Allah (swt). He (swt) tells us we should not feel swayed to use force and fight. RasoulAllah (saw) says, narrated in Sahih Muslim “Do not wish to meet the enemy but if you meet them, be patient”.  That is we are not to pursue military action, but rather favor peace and peaceful solutions to conflicts as much as possible. This is the case whether the fight is against non-Muslims or Muslim aggressors. Allah (swt) says:

“If they resort to peace, so shall you, and put your trust in Allah. He is the Hearer, the Omniscient.” [TMQ 8:61]

In the case of Muslim aggressors, Allah (swt) says:

 “And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah . And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly.” [TMQ 49:9]

Rules of War
In the event of engaging in war, Islam sets clear, strict and precise rules or Ahkam about how Muslims must engage in war. We cite some of these Ahkam to appreciate their importance.
1. The decision of war or peace strictly belongs to the head of state — no individual or group has the right to declare war or sign peace treaties unless authorized by the shara’ee elected Muslim ruler. 
2. Before waging and starting a war, Muslims are required to refrain from committing treachery and betrayal. So, the Khilafah State is not allowed to wage war against another state or country if it has signed a treaty with them. If the other state breaches the treaty, then the Khilafah State must inform the other state that the treaty is annulled priorto waging war.
3. Allah (swt) forbids the Muslim army from fighting or harming those who are not participating in the fight and, further, forbids Muslims from transgressing this rule: “…do not transgress” [TMQ 2:190]. RasoulAllah (saw) had created a list, for Muslim soldiers, of those who we are not allowed to be harmed. They include women, children, old people, crippled, blind, handicapped, one whose right hand is cut off, lunatic, monks in monasteries, wanderer in mountains who is not mixed with people, and people who are secluded in a house or a church worshipping in a locked door.
4. The Muslim army is forbidden from destroying and demolishing lands of the enemy, burning their trees and harvest, slaughtering their animals without necessity, and even burning bee hives, as was narrated about Abu Bakr (ra) advising his army commander.
5. The Muslim army is forbidden from committing mutilation of corpses, burning people alive, and torturing. It was narrated on the authority of Suliman Ibn Buraid, in Sahih Muslim, in a lengthy Hadith, “…do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children…”, and in another Hadith, he (saw) says “… do not torture...”.
6. The Muslim army is required to cease and stop fighting as soon as the enemy ceases to fight.