INTRODUCTION
The legal principles governing the treatment of prisoners of War are outlined in Islamic law. 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 freed, ransomed, exchanged for Muslim prisoners, or kept in bondage. In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of War could secure their freedom by teaching ten Muslims to read and write.
During his life, Hazrat Muhammad (PBUH) changed this custom. He made it the responsibility of the Islamic government to provide food and clothing, on a reasonable basis, to captives, regardless of their religion. If the prisoners were in the custody of a person, then the responsibility was on the individual.
During his rule, Caliph Hazrat Umar (RA) made it illegal to separate related prisoners of War from each other after a captive complained to him about being separated from her daughter.
TREATMENT WITH PRISONERS OF WAR
This main subject has two parts.
(a) Muslim prisoners. i.e. Muslim soldiers or other subjects made captive by the enemy.
(b) Enemy prisoners, i.e. subjects and soldiers of the non-Muslim power taken prisoners by Muslims
(a) Treatment of Muslim Prisoners
(i) A Muslim prisoner must faithfully observe his parole and honour. If, however, he had been given no parole, he would be at liberty if he liked and was able to escape or otherwise do harm to his captors.
(ii) Regarding Muslim subjects, the Muslim state must ask for their release by giving money from the treasury.
(iii) During the days of the Holy Prophet Muhammad (PBUH), no ransom was paid to release any Muslim prisoners. The caliph Hazrat Umer, however, ordered that “every Muslim prisoner in the hands of non-Muslims must be relieved through the Muslim state treasury.
(b) Treatment of Enemy Prisoners
(i) Prisoners should be treated fairly.
(ii) Prisoners must be fed and well-treated until a decision is reached regarding them.
(iii) The prisoners are not to be charged for their food.
(iv) They should be protected from heat and cold and the like.
(v) They should be provided with clothes.
(vi) They should be relieved by trouble.
(vii) A prisoner may bequeath his property at home.
(viii) A mother in prison is not to be separated from her child or other relatives from each other.
(ix) Their status should be respected.
(x) If the prisoner breaks the discipline, they might be chastised.
(xi) In case they escape from the prison and are recaptured, their previous offence of fleeing might not be the ground for punishment, except for the breach of parole.
RELEASING PRISONERS OF WAR
The Quran has legalized releasing prisoners of War on ransom and compensation.
1. Ransom:
During Prophet (Peace Be Upon Him) time, prisoners were sometimes required to teach several Muslim boys reading and writing. Sometimes, money in gold or silver was demanded, and occasionally other goods, etc., like spears & ammunition of War, were accepted.
2. Exchange of Prisoners:
During the lifetime of the Prophet (Peace Be Upon Him), sometimes one for one, other, one for more, or the value of the ransom of prisoners was fixed in money.
CONCLUSION
The legal principles governing the treatment of prisoners of War are outlined in Islamic law. Men, women, and children may all be taken as prisoners of War under traditional interpretations of Islamic law.
Generally, prisoners of War could be freed, ransomed, exchanged for Muslim prisoners, or kept in bondage. It is the responsibility of the Islamic State to provide food and clothing on a reasonable basis to captives regardless of their religion.
FREQUENTLY ASKED QUESTIONS
Islam allows certain acts during the War and restricts some others. Elucidate.
(2017-A)
Prisoners of War have a special status under Islamic principles; kindly discuss citing examples from the early Islamic era.
(2016-S)
What are the principles of Islamic Law to deal with the prisoners of War?
(2015-A)
REFERENCES
- Islamic Jurisprudence by Imran Ahsan Khan Nyazee
- N-Series by M.A. Chaudhary
