AN APPRAISAL OF THE ISLAMIC LAW OF QITAL (ARMED CONFLICT) AND ITS PROTECTION OF WAR CAPTIVES

Abstract

This article examines whether the Islamic law of qital (armed conflict) adequately provides for the protection of war captives with clear references to the Prophet Muhammad (PBUH) during the early battles of Islam. Based on the authority of Quran 47:4, the article finds that the taking of war captives is legally permissible and that the ultimate provision is that they are to be treated as humanely as possible. Besides, the article examines the various options regarding the termination of captivity status as put forward in Quran 47:4. It also examines the position of juristic scholars on the termination of Prisoners of War Status as it relates to the Islamic law of qital. The article finds that the activities of various Islamist groups do not adhere to any of the humanitarian values prescribed in the Quran, by the Prophet Muhammad (PBUH), and the consensus of most scholars. The article concludes by finding that even though there exist various juristic opinions on all of the rights accorded to war captives and the termination of captivity status, the Islamic law of qital is at the centre of all of such provisions and adequately provides for the protection of war captives.