In the name of Supreme Being, the Gracious, the Merciful
The term “civilians” (al-madanīyīn) may be a fashionable legal class, broadly speaking accepted by Muslims and non-Muslims, touching on non-military persons and non-combatants that area unit protected against attack by international treaties and law. Some Muslim extremists have tried to delegitimize this legal term on the grounds that it’s not found in classical shariah.
However, we’ll notice that the idea of civilian protection is firmly established within the scripture and classical writings.In principle, new terminologies area unit permissible in Islam as long as they accurately represent the underlying idea.There is nothing wrong with new language as long because it doesn’t embody corruption.
Objecting to the legal class of “civilians” just as a result of it absolutely was not utilized in the past isn’t a legitimate argument against it. Rather, it’s a positive development that Muslims and non-Muslims have in agreement on dependent legal meanings. The fashionable law of civilian protection fulfills the aim of shariah.
And this is often a way within which the non-Muslims have return nearer to Moslem values.Allah has solely allowed Muslims to fight in response to aggression. All classes of individuals World Health Organization don’t actively interact in associate unjust war area unit immune from attack.
Fight within the manner of Supreme Being people who fight you however don’t transgress. Verily, Supreme Being doesn’t love transgressors.Ibn Abbas commented on this verse, saying:Do not kill ladies, or kids, or old men, or whoever involves you with peace and he restrains his hand from fighting, for if you probably did that you just would definitely have transgressed.
Umar ibn Abdul Aziz delineate the classes of protected folks, saying:This refers to ladies, children, and whoever isn’t waging war against you among them.Among the worst of sinner’s area unit people who fought and killed folks that ne’er started the fight.Abdullah ibn Amr reported: The traveler of Supreme Being, peace and blessings is upon him, said:
Verily, the worst transgressors to Supreme Being area unit people who kill within the sacred musjid, people who kill whoever failed to fight him, or people who kill with the malignity of cognitive content.Abu Shuraih reported: The traveler of Supreme Being, peace and blessings be upon him, said:Verily, the foremost tyrannical of individuals to Supreme Being the Exalted is the World Health Organization kills people who failed to fight him.
A minority of jurists from the classical amount command the opinion that every one unbeliever could also be killed owing to their mental object, aside from ladies and youngsters World Health Organization were taken as slaves. Terrorists World Health Organization act within the name of Islam use the same logic to justify their crimes.
In fact, the bulk of students rejected this opinion even within the medieval era.Ibn Taymiyyah writes:Some jurists area unit of the opinion that every one of them could also be killed on the mere ground that they’re unbelievers, however they create associate exception for ladies and youngsters since they represent property for Muslims.
However, the primary opinion is that the correct one as a result of we have a tendency to could solely fight people who fight North American nation after we need to create Allah’s faith victorious.The majority of students have command that life itself is one among the values of the shariah law that has to be protected. All of the law is towards the tip of conserving life, as folks have associate inherent right to life by default.
An examination of the apple of the Prophet and his companions can reveal a homogenous concern for safeguarding people who don’t interact in warfare, expressly stating that the rationale they’re protected is as a result of they are doing not fight.Rabah ibn Rabi reported: we have a tendency to be with the traveler of Supreme Being, peace and blessings are upon him.
Throughout associate expedition. He saw some folks gathered around one thing, therefore he sent a person and he same, “Go and see for what they need gathered.” the person came back and he same, “It was a girl World Health Organization has been killed.” The Prophet said:She wasn’t fighting.
Khalid ibn Al-Waleed was within the advanced guard, therefore the Prophet sent a person to him saying:Do not kill ladies or staff.In another narration, the Prophet said:Do not kill kids or staff.Zaid ibn Wahb reported: Umar ibn Al-Khattab, could Supreme Being be happy with him, decreed:
Do not steal the spoils, don’t be treacherous with the enemy, don’t mutilate the dead, don’t kill kids, and concern Supreme Being concerning the farmers World Health Organization don’t wage war against you.Al-Awza’i, could Supreme Being have mercy on him, said:Do not kill people who work the fields if it’s far-famed that they’re not combatants.
Ibn Qudamah writes:We adhere to the old chestnut of Umar. The companions of the traveler of Supreme Being, peace and blessings be upon him, failed to kill farmers after they liberated the lands as a result of they are doing not fight. In this, they gibe previous men and monks.