Islam and Human Rights

by Sir Muhammad Zafrulla Khan

Page 90 of 232

Islam and Human Rights — Page 90

Isl am and Hum an R ights 90 soul, therefore “fight them until there is no persecution, and religion is freely professed for the sake of Allah; but if they desist, then remember that no hostility is allowed except against the aggressors” (2:194). These are basic and fundamental directives. There is a host of other directions in the Quran with regard to the prosecution of war, but they are all subject to the con ditions here laid down, and must be so construed. Prisoners could only be taken in actual fighting during the course of a justified war. Tribal raids were not per mitted, nor could prisoners be taken in scouting skirmishes or chance encounters. “It does not behove a Prophet that he should have captives until he engages in regular fighting in the land. You desire the goods of this world, while Allah desires for you the Hereafter. Allah is Mighty Wise” (8:68). No regular forces were maintained during the time of the Prophet. Whenever the need arose an ad hoc force was assembled and everyone who joined had to provide everything for himself-mount, food, water, arms, etc. No payment was made, except by way of compensation out of spoils gained on the field of battle, e. g. arms, armour, camels, horses and the ransom paid for prisoners of war. Those not ex changed or ransomed were allotted to those who had taken part in the fighting or who