As far as the case of prisoners of war was concerned, the Qur’ān directed the Muslims to set them free, either as a favour or against some ransom. There was to be no second option:

When you meet the unbelievers in the battlefield, strike off their heads, and when you have thoroughly subdued them, bind your captives firmly – then grant them their freedom (either as a favour or) against some ransom – until the war lays down its armour. (47:4)

How the Prophet (sws) went about obeying this directive is a golden chapter of Islamic history, and we shall now briefly describe some of its salient features.

It is a well known historical fact that in the battle of Badr – the first main encounter with the Quraysh – about seventy prisoners were captured by the victorious Muslim army. Most of these prisoners were freed against some ransom money, while those who could not arrange for this money were freed if they taught a certain number of children of the tribe of Ansar how to write.

In the battle of Bani Mustaliq, the prisoners captured were either freed in the battlefield as a favour while some others were freed on ransom. The Prophet (sws) brought the remaining prisoners to Medinah and while waiting for their families to procure them, gave them into the temporary custody of his Companions. Among them was Sayyidah Jawairiyah as well. Her father arrived with some camels as ransom. The Prophet (sws) inquired about the two well-bred camels he had hid behind. This astounded him so much – for he knew that there could be no way that the Prophet (sws) could have had knowledge of them – that he accepted faith. At this, Sayyidah Jawairiyah also accepted faith. The Prophet proposed for her to which her father consented. Upon this, the marriage was solemnised. The result of this marriage was that all the remaining prisoners of war were set free by the Muslim soldiers, since they thought that it was not appropriate to keep the Prophet’s in-laws in captivity.

In the battle of Khaibar, after a peace treaty had been concluded with the enemy, the Muslim forces came across Safia binti Huyee – a helpless widow of an aristocratic family. Her father, Huyee bin Akhtab – a prominent leader of the Jews had been killed in the battle of Quraizah. The Prophet (sws) set her free and gave her the option to go to back to her family or to marry him if she wanted. Saffiyah showed her consent to marry the Prophet. The marriage subsequently took place.

In the battle of Hunain, thousands of prisoners were captured by the Muslim army. The Prophet (sws) waited for many days for their people to come and fetch them but they never turned up. At this, the Prophet (sws) returned to Medinah and distributed them among the soldiers. However, after a lapse of many days, their people showed up. The Prophet (sws) said that he had no objection in giving away his share back to them but as far as the other tribes were concerned, he could only appeal to them. Later on, almost all the people surrendered their prisoners when the Prophet (sws), subsequently, offered six camels for each prisoner from the spoils they would obtain in the very next battle. This was enough for them to forfeit their share as well.

Thus the Prophet (sws) throughout his reign followed the Qur’ānic directive of setting free the prisoners of war either as a favour or against some ransom. However, there is, perhaps, just one instance in the Prophet’s life which may become a source of misconception in this regard. This was the battle with the Jewish tribe of Banu Quraizah in which all the male prisoners were executed and the women and children were made slaves. An analysis of the whole matter shows that the Muslim army had surrounded their fortress for almost a month. At last, they requested to appoint Sa’ad bin Mu’aaz (rta), the leader of the tribe of Aus, as an arbitrator and promised to willingly accept his decision. They reckoned that since they had remained the allies of the Aus, Sa’ad would be lenient to them in his decision. But Sa’ad bin Mu‘azz, much to their dismay, gave his decision in accordance with the Jewish Shariah. According to the Jewish Shariah, the male prisoners were to be executed while the women and children were to be enslaved.[1] It is, therefore, clear that the Islamic Shariah could not have come to their rescue in this regard since they were dealt with according to their own law by a person they themselves had appointed as an arbitrator.

During the term of the Rightly Guided Caliphate also, the practical abolition of the institution of slavery continued with full force. However, in spite of all these extensive measures spanning almost half a decade, it is known fact that it was not until the turn of this century that mankind was actually able to rid itself completely of this institution. We believe the reason for this must be sought in the social complexities which exist in a community. It is extremely difficult to eradicate customs and traditions which are deeply rooted in a society. The society, as a whole did not accept the reformation started by Islam. A similar instance can be observed in the case of the political set up envisaged by Islam. It totally condemned the institution of dictatorship in which a despotic ruler and his few henchmen exercised absolute powers. It established a government which was democratic in the sense that it came into power by a majority mandate. Throughout the term of the Rightly Guided Caliphate this principle remained in force for the election of the ruler. However, after the end of the Rightly Guided Caliphate, the Arab society rejected this system and reverted to dictatorship.

(Dr. Shehzad Saleem)

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1. When you march up to attack a city, make its people an offer of peace. If they accept and open their gates, all the people in it shall be subject to forced labour and shall work for you. If they refuse to make peace and they engage you in battle, lay siege to that city. When the Lord your God delivers it into your hand, put to the sword all the men in it. As for the women, and children, the livestock and everything else in the city you may take these as plunder for yourselves. And you may use the plunder the Lord your God gives you from your enemies. This is how you are to treat all the cities that are at a distance from you and do not belong to the nations nearby. (Deuteronomy. 20:10-15)