BATTLES WAR - FOR PEACE

 HUMANIZING BATTLES - PURIFYING WAR
AS INSTITUTIONS

(1) Women & children NOT to be killed in battles

NOTE: In 21^st century a student must start learning how minor difference in the words used by the Prophet (s) could make great difference, especially when the matter is delicate and is becoming part of Shariah, a reason emphasis is laid in this humble endeavor that Hadis must ever be taken in isolation if working out ordains.  

Reading such Ahadis in today’s world, early 21^st century, makes one wonder about the application and utility of such Ahadis, whereas every word of Prophet (s) is carrying a fountainhead of wisdom. Here we need to remind ourselves that like Quran (Youfasilo Bada’a hu Ba’ada) one part explains the other; same way we can better understand such Ahadis applying this principle instead of pondering over a Hadis in isolation, which can be misleading at times.  

Bukhari Volume 4, Book 56, Number 3014:

Narrated 'Abdullah:

During some of the Ghazawat of the Prophet (s) a woman was found killed. Allah's Apostle (s) disapproved the killing of women and children.

Bukhari Volume 4, Book 56, Number 3015:

Narrated Ibn 'Umar:

During some of the Ghazawat of Allah's Apostle (s) a woman was found killed, so Allah's Apostle (s) forbade the killing of women and children.

 (2) Umar’s sagacious decision after conquering  
Persian & Roman Empires

Bukhari Volume 5, Book 64, Number 4235:

Narrated 'Umar bin Al-Khattab:

By Him in Whose Hand my soul is, were I not afraid that the other Muslims might be left in poverty, I would divide (the land of) whatever village I may conquer (among the fighters), as the Prophet divided the land of Khaibar. But I prefer to leave it as a (source of) a common treasury for them to distribute its revenue amongst themselves.

Note 1: Umar Bin Khattab during his reign solved a big question through “Ijtihad”, in the light of Ayah 59:7 and 59:10, “And those who came (into the faith) after them…”, “wa-alladhīna  And those who jāū came min baʿdihim after them.” This prudent decision by 2^nd caliph of Islam around middle part of 7^th century made a big impact on the semblance of coming civilization in the world. This question decided the fate of the two big empires of the time, Persians and Romans, having fallen into the control of Muslim Armies as a result of defeats in the battle fields. Umar stopped his armies from making the whole nations as war captives and war booty, by only allowing as war booty which could be collected from the actual battle field. This sagacious step not only saved the huge treasures of these empires for coming generations but also kept the rich cultural heritage of both these empires intact. Point to note here is that major beneficiaries of these treasures, kept as an asset for coming generations were the people of these two empires in coming centuries who accepted Islam due to such examples of justice and egalitarian policies of Islam. If given the due value and impact of this decision on coming generations, historian must pay great homage to this sagacious decision by this great mind. The people from these nations like philosophers and scientists of Persia and saints and scientists of Andalusia played a great role in modeling and fashioning what the modern world is today, a reflection of the golden principles of Islam covering a vast spectrum of human life from private to social, moral, economic, political and spiritual affairs. Here we must also not let another subtle observation be left unnoticed though it is a little sour and not the topic at the moment; today’s Islam is the reflection of its conquerors as it had to meet in the vicious circle of time, fluctuating between nations when lose their basic creed and cherished traditions. 

Note 2: “Ijtihad” means a process of deliberations for reaching a solution to a legal matter relating to a new situation. Umar also laid foundation for Islamic legal thinking giving priority to wellbeing of humanity in a larger spectrum by opening gates to an ever dynamic way of Islamic jurisprudence. Unfortunately such dynamic principles were not fully utilized due to “Taqleed”, “blind following” a process negating the dynamic spirit of Quran and Sunnah, ending in few schools of Jurisprudence like “Hanfi”, “Maliki”, “Shafii” and “Hunmbaly” besides “shiia” schools of legal thought. Only a few dared to criticize this trend but faced huge oppositions and appreciated by only a few select. These are scholars like Ibn Taymiyyah (January 22, 1263 - September 26, 1328) Ibn Abd al-Wahhab (1703 – 22 June 1792) and modern day scholar Dr. Muhammad Iqbal. (November 9, 1877 – April 21, 1938).

 (3) Captive Right of self-defense 

(151) CHAPTER: Is it legal for a Muslim captive to kill or deceive those who have captured him so that he may save himself from the infidels?

Bukhari Volume 4, Book 56 BOOK OFJIHAD, Page Number 160:

A1-Miswar narrated a Hadith from the Prophet (s) concerning this issue. (See Hadith No.2731, 2732, Volume 3, the story of Abu Basir.

NOTE: Read full content under the heading Hudybia, only an extract given here.

When the Prophet (s) returned to Al-Medina, Abu Basir, a new Muslim convert from Quraish came   to him. The infidels sent in his pursuit two men who said (to the Prophet, “Abide by the promise you gave us." So, the Prophet handed him over to them. They took him out (of the city) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Al-Madina and entered the mosque running. When Allah's Messenger (s) saw him he said, "This man appears to have been frightened." When he reached the Prophet (s) he (Abu Basir) said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "0’ Allah's Messenger (s), by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e., the infidels), but Allah has saved me from them.

(4) Captive’s Basic Rights ensured by egalitarian spirit of Islam

Bukhari Volume 8, Book 85, Chapter 25, Page 399:

(25) CHAPTER. The inheritance of a captive (in the hands of the enemy)

Shuraib used to give inheritance to the captive who was in the hands of the enemy, and used to say, "He is in more need of it than anybody else." And 'Umar bin 'Abdul-Aziz said, "Execute the will of the captive, and fulfill his order to manumit slaves and allow him to dispose of his property, and he can do with it as he wishes.

 (5) Muslim captives mistreated by Quraysh
& Valiant embraced Death 

(170) CHAPTER: Can a man present himself to captivity, and whosoever refuses to surrender to captivity? And the performance of a two Rak'a Salãt (prayer) before being put to death.

Bukhari Volume 4, Book 56, Number 3045: [Volume 5 No 3989, 4086 Volume 9 No 7402]

Narrated Abu Huraira:

Allah's Apostle (s) sent a Saraya (Part of patrolling activity as early warning system against impending attack from enemy, See Note below) of ten men as spies under the leadership of 'Asim bin Thabit al-Ansari, the grandfather of 'Asim bin Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When 'Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" 'Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred 'Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin 'Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people.

Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two Rakat (prayer). They allowed him and he offered Two Rakat and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-Rak'at prayer (before being killed). Allah fulfilled the invocation of Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) 'Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

Note: Prophet (s) after migration, ensured defense of Madinah through highly perceptive strategies, briefly described below;
1. Active patrolling activity started after the encounter between Sad bin Mu'adh and Abu Jahal (Given below), latter threatened Sad bin Mu’adh that Quraysh could stop them from performing Tawaf of Kaaba, in return Sad threatened to stop their trade rout passing through Madinah.
2. Establishing Joint Defense of Madinah, also known as Misaq-e-Madinah, making Treaty with Jews.
3. Strengthening relationship between Ansar of Madinah & Immigrants from Mecca, known as Muakhat, Bond of Fraternity.   

Bukhari Volume 4, Book 61, Number 3632:

Narrated 'Abdullah bin Mas'ud:

Sa'd bin Mu'adh came to Mecca with the intention of performing 'Umra, and stayed at the house of Umaiya bin Khalaf Abi Safwan, for Umaiya himself used to stay at Sa'd's house when he passed by Medina on his way to Sham. Umaiya said to Sad, "Will you wait till midday when the people are (at their homes), then you may go and perform the Tawaf round the Ka'ba?" So, while Sad was going around the Ka'ba, Abu Jahl came and asked, "Who is that who is performing Tawaf?" Sad replied, "I am Sad." Abu Jahl said, "Are you circumambulating the Ka'ba safely although you have given refuge to Muhammad and his companions?" Sad said, "Yes," and they started quarreling. Umaiya said to Sad, "Don't shout at Abi-l-Hakam (i.e. Abu Jahl), for he is chief of the valley (of Mecca)." Sad then said (to Abu Jahl). 'By Allah, if you prevent me from performing the Tawaf of the Ka'ba, I will spoil your trade with Sham."

 (6) Enemy proclaiming faith under sword can’t be killed
even if caused injury

Bukhari Volume 9, Book 87, Number 6865:

Narrated Al-Miqdad bin 'Amr Al-Kindi:

An ally of Bani Zuhra who took part in the battle of Badar with the Prophet (s), that he said, "O Allah's Apostle, if I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Apostle (s) said, "Do not kill him." Al-Miqdad said, "But O Allah's Apostle (s)! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet (s) said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence."

Bukhari Volume 9, Book 87, Number 6866:

The Prophet (s) also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Mecca before."

Bukhari Volume 9, Book 87, Number 6872:

Narrated Usama bin Zaid bin Haritha:

Allah's Apostle sent us (to fight) against Al-Huraqa (one of the sub-tribes) of Juhaina. We reached those people in the morning and defeated them. A man from the Ansar and I chased one of their men and when we attacked him, he said, "None has the right to be worshipped but Allah." The Ansari refrained from killing him but I stabbed him with my spear till I killed him. When we reached (Medina), this news reached the Prophet (s). He said to me, "O’ Usama! You killed him after he had said, 'None has the right to be worshipped but Allah?"' I said, "O Allah's Apostle (s)! He said so in order to save himself." The Prophet (s) said, "You killed him after he had said, 'None has the right to be worshipped but Allah." The Prophet (s) kept on repeating that statement till I wished I had not been a Muslim before that day.

Bukhari Volume 5, Book 64, Number 4269:

Narrated Usama bin Zaid:

Allah's Apostle (s) sent us towards Al-Huruqa, and in the morning we attacked them and defeated them. I and an Ansari man followed a man from among them and when we took him over, he said, "La ilaha illal-Lah." On hearing that, the Ansari man stopped, but I killed him by stabbing him with my spear. When we returned, the Prophet (s) came to know about that and he said, "O Usama! Did you kill him after he had said "La ilaha ilal-Lah?" I said, "But he said so only to save himself." The Prophet (s) kept on repeating that so often that I wished I had not embraced Islam before that day.

(7) Companions NOT Fighting FITNA after Islam spread far & wide

(5) CHAPTER. "And fight them until there is no more Fitna (disbelief and polytheism, i.e. worshipping others besides Allah) and the religion (worship) will be all for Allah (Alone) (in the whole of the world)..." (V.8:39)

Bukhari Volume 6, Book 65, Number 4650: [4513 to 4515]

Narrated Ibn 'Umar:

That a man came to him, (while two groups of Muslims were fighting) and said, "O Abu 'Abdur Rahman! Don't you hear what Allah has mentioned in His Book;

'And if two groups of believers fight against each other...' (49.9)

So what prevents you from fighting as Allah has mentioned in His Book?"' Ibn 'Umar said, "O son of my brother! I would rather be blamed for not fighting because of this Verse than to be blamed because of another Verse where Allah says:

'And whoever kills a believer intentionally..." (4.93) Then that man said, "Allah says:-- 'And fight them until there is no more afflictions (worshipping other besides Allah) and the religion (i.e. worship) will be all for Allah (Alone)" (8.39) Ibn 'Umar said, "We did this during the lifetime of Allah's Apostle when the number of Muslims was small, and a man was put to trial because of his religion, the pagans would either kill or chain him; but when the Muslims increased (and Islam spread), there was no persecution." When that man saw that Ibn 'Umar did not agree to his proposal, he said, "What is your opinion regarding 'Ali and 'Uthman?" Ibn 'Umar said, "What is my opinion regarding Ali and 'Uthman? As for 'Uthman, Allah forgave him and you disliked to forgive him, and Ali is the cousin and son-in-law of Allah's Apostle." Then he pointed out with his hand and said, "And that is his daughter's (house) which you can see."

Bukhari Volume 6, Book 65, Number 4651:

Narrated Said bin Jubair:

Ibn 'Umar came to us and a man said (to him), "What do you think about 'Qital-al-Fitnah' (fighting caused by afflictions)." Ibn 'Umar said (to him), "And do you understand what an affliction is? Muhammad used to fight against the pagans, and his fighting with them was against affliction, (and his fighting was) not like you are fighting which is carried on for the sake of ruling."

Bukhari Volume 6, Book 65, Number 4652:

Narrated Ibn Abbas:

When the Verse:-- "If there are twenty steadfast amongst you, they will overcome two hundred." (8.65) was revealed, then it became obligatory for the Muslims that one (Muslim) should not flee from ten (non-Muslims). Sufyan (the sub-narrator) once said, "Twenty (Muslims) should not flee before two hundred (non-Muslims)." Then there was revealed: 'But now Allah has lightened your (task)..' (8.66)

So it became obligatory that one-hundred (Muslims) should not flee before two hundred (non-Muslims). (Once Sufyan said extra, "The Verse: 'Urge the believers to the fight. If there are twenty steadfast amongst you (Muslims).' was revealed.) Sufyan said, "Ibn Shabrama said, "I see that this order is applicable to the obligation of enjoining good and forbidding evil."

(8) Hudybia treaty Prophet (s) erased word RASOOL ALLAH
& replaced with words “son of Abdullah”

NOTE: This treaty accepted by Prophet (s) on terms, some Muslims felt were humiliating, stands as a Manifest Testimony of  Prophet's all out endeavors for peaceful propagation of Islam. 

Bukhari Volume 5, Book 64, Number 4251: [4252]

Narrated Al-Bara:

When the Prophet (s) went out for the 'Umra in the month of Dhal-Qa'da, the people of Mecca did not allow him to enter Mecca till he agreed to conclude a peace treaty with them by virtue of which he would stay in Mecca for three days only (in the following year). When the agreement was being written, the Muslims wrote: "This is the peace treaty, which Muhammad, Apostle of Allah has concluded."

The infidels said (to the Prophet), "We do not agree with you on this, for if we knew that you are Apostle of Allah we would not have prevented you for anything (i.e. entering Mecca, etc.), but you are Muhammad, the son of 'Abdullah." Then he said to 'Ali, "Erase (the name of) 'Apostle of Allah'." 'Ali said, "No, by Allah, I will never erase you (i.e. your name)." Then Allah's Apostle took the writing sheet...and he did not know a better writing. And he wrote or got it the following written! "This is the peace treaty which Muhammad, the son of 'Abdullah, has concluded: "Muhammad should not bring arms into Mecca except sheathed swords, and should not take with him any person of the people of Mecca even if such a person wanted to follow him, and if any of his companions wants to stay in Mecca, he should not forbid him."

(In the next year) when the Prophet (s) entered Mecca and the allowed period of stay elapsed, the infidels came to Ali and said "Tell your companion (Muhammad) to go out, as the allowed period of his stay has finished." So the Prophet (s) departed (from Mecca) and the daughter of Hamza followed him shouting "O Uncle, O Uncle!" Ali took her by the hand and said to Fatima, "Take the daughter of your uncle." So she made her ride (on her horse). (When they reached Medina) 'Ali, Zaid and Ja'far quarreled about her. 'Ali said, "I took her for she is the daughter of my uncle." Ja'far said, "She is the daughter of my uncle and her aunt is my wife." Zaid said, "She is the daughter of my brother." On that, the Prophet (s) gave her to her aunt and said, "The aunt is of the same status as the mother." He then said to 'Ali, "You are from me, and I am from you," and said to Ja'far, "You resemble me in appearance and character," and said to Zaid, "You are our brother and our freed slave." 'Ali said to the Prophet (s) 'Won't you marry the daughter of Hamza?" The Prophet (s) said, "She is the daughter of my foster brother."