Rights of Enemy at War

8/8/2019 Rights of Enemy at War

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IHSAN ULLAH KHAN

IFTIKHAR ALI

IMRAN ULLAH

MIAN MUSTAFA



HUMAN RIGHTS, THE WEST AND ISLAM

The western approach:

Western claim that the world got the concept

of human rights from the west

But had no concept of human rights before the

seventeenth century.



y Ideas, practical proof and demonstration can

be found at the end of 18th century

y In 1945 the UNO came into being and passed a

resolution against the genocide and framed

regulations to check it.



The Islamic approach:

yThe human rights in Islam mean the rights

granted by ALMIGHTY ALLAH.

yThey have not been granted by any king or by

any legislative assembly.

y Resolutions of the United Nations cannot be

compared with the rights sanctioned by God.



y If they start denying the rights that have been

guaranteed by God, the verdict of the HOLY

QURAN is clear;

"Those who do not judge by what God has

sent down are the disbelievers.

"They are the wrong-doers (zalimun)"



Rights of enemy at war

yThe west was un aware of the rights and

international law of war till 17th century. But

the actual codification starts in the middle of 19th century.

yRights of those at war were not even

recognized.



y It is obvious that such a course which depends

on mutual acceptance and agreement cannot

be called 'law'.

yRules which are framed by Islam are followed

by every Muslim in all circumstances

irrespective of the behavior the enemy.



The Rights of the Non-Combatantsy Non-combatant population is concerned such as

women, children,

the old and the infirm, etc.y The instructions of the Prophet are as

follows: "Do not kill any old person, any child orany woman" (Abu Dawud).

"Do not kill the monks in monasteries" or"Do not kill the people who are sitting in places of

worship" (Musnad of Ibn Hanbal).



The Rights of the Combatants

1. Torture with Fire

y In the Hadith there is a saying of the Prophet

that: "Punishment by

fire does not behove anyone except the

Master of the Fire" (Abu

Dawud). This means no one has the right toburn the opponent alive.



2. Protection of the Wounded

"Do not attack a wounded person"-thus said the

Prophet. This means that the woundedsoldiers who are not fit to fight, nor actuallyfighting, should not be attacked.

3. The Prisoner of War Should not be Slain

"No prisoner should be put to the sword"-a veryclear and unequivocal instruction given by theProphet (S)



4. No one Should be Tied to be Killed:

"The Prophet has prohibited the killing of

anyone who is tied or is in captivity.

5.No looting and destruction:

Muslims are not allowed to indulge in activities

like pillage or plunder except for those who are

fighting with Muslims.



y It has been narrated in the hadith: "The

Prophet has prohibited the believers from loot

and plunder" (al-Bukhari; Abu Dawud). Hisinjunction is: "The loot is no more lawful than

the carrion" (Abu Dawud).



6. Sanctity of Property

The Muslims have also been prohibited from

taking anything fromthe general public of a conquered countrywithout paying for it

7. Sanctity of a Dead Body

Islam has categorically prohibited its followersfrom disgracing or mutilating the corpses of their enemies as was practiced in Arabia .



8. Return of Corpses of the Enemy

The battle of ahzaab.

9. Prohibition of Breach of Treaties

Islam has strictly prohibited treachery. One of

the instructions that the Prophet used to give

to the Muslim warriors while sending them to

the battlefront was: "Do not be guilty of

breach of faith."



10. Rules About Declaration of War

y It has been laid down in the Holy Quran:

"If you apprehend breach of treaty from a people,then openly throw the treaty at theirfaces" (8:58).

y In this verse, Muslims have been prohibited fromopening hostilities against their enemies withoutproperly declaring war against them, unless of course, the adversary has already startedaggression against them



Conclusion

yThis is a brief sketch of those rights which 1400

years ago Islam gave to man, to those who

were at war with each other and to thecitizens of its state, which every believer

regards as sacred as law.



yOn the one hand, it refreshes and strengthens

our faith in Islam when we realize that even in

this modern age which makes such loud claimsof progress and enlightenment, the world has

not been able to produce jouster and more

equitable laws than those given 1400 yearsago.



THANKS!!!

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Rights of Enemy at War