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How does Islam require POWs to be treated?

Jan 10, 2007 12:09 pm By Robert Spencer

Matthew Wagner in the Jerusalem Post (thanks to Fjordman) consulted Islamic authorities:

What did the Palestinian Resistance Committee (PRC) mean when it stated that kidnapped soldier Cpl. Gilad Shalit, “is being treated according to Islamic standards of dealing with prisoners of war?”

According to Sheikh Abdala Darvish, the spiritual head of the southern faction of the Islamic Movement in Israel and a respected Islamic authority, the Sha’aria (Islamic law) has detailed directives governing the treatment of prisoners of war.

Shalit’s captors were obligated, according to Sha’aria, to keep the soldier alive and healthy, said Darvish. “They must give him the food that he likes at the times he likes eating,” said Darvish.

Islamic law also prohibits degrading or scaring a prisoner of war.

“The captors are even obligated to give their prisoner a feeling of friendship,” added Darvish, who said it was legitimate to hold a prisoner of war until the hostilities were resolved.

MK Ibrahim Sarsur (United Arab List-Ta’al), a leader of the Islamic Movement’s more moderate southern faction, said that the basis for Islamic war ethics was the prophet Muhammad’s war manual. Over the past 1,400 years, voluminous additions have been made to these religious military codes.

“Regarding the treatment of prisoners of war, the basic principle is that as soon as an enemy soldier has been neutralized and taken out of the war, the Muslim army is responsible for taking care of him.” However, sources familiar with the workings of the Hamas-affiliated PRC are skeptical about the extent to which these terrorist groups see themselves as obligated to normative Islamic law. Even Darvish admitted that what he called “Israeli subjugation” of Palestinians forced them to transgress Islamic law.

This transgression is legitimate from an Islamic standpoint. The Qur’an teaches that “persecution is worse than slaughter” (2:191). The occasion of this, as I explain in my book The Truth About Muhammad, was when some of the Muslims carried out a raid against the pagan Quraysh during one of the sacred months, in which fighting was forbidden. Muhammad initially shunned them and wouldn’t accept the booty they offered him, but then he received this revelation: “persecution is worse than slaughter.” That is, if the Muslims are being persecuted, they can kill their enemies even in transgression of their moral laws.

Meanwhile, as I have noted before, the Islamic jurist Al-Mawardi explains Islamic guidelines for prisoners: “As for the captives, the amir has the choice of taking the most beneficial action of four possibilities: the first, to put them to death by cutting their necks; the second, to enslave them and apply the laws of slavery regarding their sale or manumission; the third, to ransom them in exchange for goods or prisoners; and fourth, to show favor to them and pardon them.” — Al-Ahkam As-Sultaniyyah (The Laws of Islamic Governance), 4.5

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