The Life & Character of the Seal of Prophets (sa) - Volume II — Page 222
Seal of the Prophets - Volume II 222 different forms. For example, if the disbelievers subject Muslim prisoners to service, the Muslims are also at a right to subject the disbelieving prisoners to reasonable service. However, in any case, this service shall be governed by those conditions, which have been stipulated in Islām with regards to the service of slaves, etc. For example, they are not to be given work as is beyond their ability, nor should such work be assigned to them, which the master is not prepared to do himself. Similarly, if the disbelievers distribute the Muslim prisoners among their own individuals instead of keeping them in national or state prisons, Muslims are also permitted to give disbelieving prisoners into the guardianship of Muslim individuals. So on and so forth. However, in any case, it is necessary that in such circumstances whichever method is employed, it should not contradict an explicit Islāmic injunction. For example, it is necessary that the practice of imprisonment definitely be brought to an end upon the cessation of war, 1 or that a prisoner must not be killed merely due to his being a warrior of the enemy army, 2 or that prisoners be put to service according to their strength and ability, 3 or that special care be taken of the ease and comfort of prisoners, 4 and so on and so forth. This is the teaching which Islām gives with regards to prisoners of war. Now, readers should contemplate with justice that even if this is referred to as slavery by name, does this teaching possess any aspect of real slavery? Do the governments of today not take prisoners captive? Do the governments of today not subject prisoners to service? Then, do the governments of today not lengthen the period of imprisonment in the case that war continues longer than expected? When all of these things occur in all nations, and continue to occur even today, and international law has considered it lawful in all eras, then justice dictates that an allegation cannot be levelled against Islām and the Founder of Islām on this basis. As a matter of fact, I claim that it is a favour of Islām that by keeping an element of compassion and kindness more prominent in its convention of warfare, it has paved the way to world 1 Muḥammad (47:5) 2 * Muḥammad (47:5) * Kitābul-Kharāj, By Qāḍī Abū Yūsuf Ya‘qūb bin Ibrāhīm, p. 212, Published by Baulāq (1302 A. H. ) 3 Ṣaḥīḥul-Bukhārī, Kitābul-‘Itq, Bābu Qaulin-Nabiyyi sa Al-‘Abīdu Ikhwānukum. . . . . , Ḥadīth No. 2545 4 * Ṣaḥīḥul-Bukhārī, Kitābul-Jihād Was-Siyar, Bābul-Kiswati Lil-Usārā, Ḥadīth No. 3008 * Ṣaḥīḥul-Bukhārī, Kitābul-Maghāzī, Bābu Wafdi Banī Ḥanīfah Wa Ḥadīthi Thumāmah bin Uthāl, Ḥadīth No. 4372 * Tārīkhur-Rusuli Wal-Mulūk (Tārīkhuṭ-Ṭabarī), By Abū Ja‘far Muḥammad bin Jarīr Aṭ-Ṭabarī, Volume 3, pp. 40, Thumma Dakhalatis-Sanatuth-Thāniyatu Minal-Hijrah / Dhikru Waq‘ati Badril- Kubrā, Dārul-Fikr, Beirut, Lebanon, Second Edition (2002)