Targeting Non-Combatants in Islamic Law

‫ﺍﻟﺘﺒﻴﺎﻥ ﻓﻲ ﺍﺴﺘﻬﺩﺍﻑ‬
‫ﺍﻟﻨﺴﺎﺀ ﻭﺍﻟﺼﺒﻴﺎﻥ‬

At-Tibyān Fī Istihdāf
An-Nisā’i Was-Sibyān
The Clarification Regarding
Intentionally Targetting Women and
Children

At-Tibyān Publications
Ramadhān, 1425 H.

At-Tibyān Fī Istihdāf An-Nisā’i Was-Sibyān

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PREFACE 5

CHAPTER ONE: THE ORIGINAL RULING REGARDING KILLING
WOMEN AND CHILDREN OF THE KUFFĀR 9

CHAPTER TWO: THE REASON BEHIND THE PROHIBITION AND THE
PENALTY FOR KILLING THEWOMEN AND CHILDREN OF THE
KUFFĀR 19

CHAPTER THREE: SITUATIONS WHEN THE GENERAL PROHIBITION
IS RESTRICTED 24

CHAPTER FOUR: THE SALAF’S UNDERSTANDING OF THE RULE OF
EQUAL RETALIATION 40

CHAPTER FIVE: THE VERDICTS OF CONTEMPORARY SCHOLARS
REGARDING KILLING WOMEN AND CHILDREN AS EQUAL
RETALIATION 48

The Verdict of Shaykh Al-Mujāhidīn Yūsuf Al-‘Uyayrī 48

The Verdict of Imām Hamūd Ibn 'Uqlā’ Ash-Shu'aybī 69

The Verdict of Shaykh Muhammad Ibn Sālih Al-‘Uthaymīn 72

The Verdict of Shaykh Nāsir Ibn Hamad Al-Fahd 75

The Verdict of Shaykh ‘Alī Al-Khudhayr 77

The Verdict of Shaykh Abū Jandal Fāris Az-Zahrānī Al-Azdī 80

The Verdict of Shaykh ‘Abdul-‘Azīz Al-Jarbū’ 86

The Verdict of the Council of the Scholars of Filastīn 89

The Verdict of Shaykh Abū Qatādah ‘Umar Ibn Mahmūd Abū ‘Umar Al-Filastīnī 94

CHAPTER SIX: REFUTATION OF THE MISCONCEPTIONS 97

Misconception #1: 97


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Misconception #3 106


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Preface

All praise is due to Allāh Alone, Lord of the Universe, Who informs us
that:

‫َﻟﻭﻻ ﺩﻓﻊ ﺍﻟﻠﻪ ﺍﻟ ﱠﺎﺱ ﺒﻌﻀﻬﻡ ﺒﺒﻌﺽ ﻟﻔ َ َ ِ ﺍﻷﺭﺽ‬
ُ ْ َ ‫ﻭ ﹶ ْ ﹶ َ ﹾ ُ ﹼ ِ ﻨ َ َ ْ َ ُ ْ ﹺ َ ْ ﹴ ﱠ ﹶ ﺴ ﺩﺕ‬
“And if Allah did not check one set of people by means of another,
the earth would indeed be full of mischief.” 1

And peace and blessings be on the Last of the Prophets, who said to his
Companions, “Advise me! Do you think we should target the children of
those who helped them (the enemies), so we kill them; and if they remain
sitting, then they will sit as those whose families have been killed, and property
been seized, even if they survive.” 2 And as for what proceeds:

When recently Allāh allowed the Mujāhidīn to carry out an operation
against His Enemies, and while the hearts of the true Believers were
rejoicing, as the Lord of the Heavens and the Earth described,

‫َﺎﺗُﻮهﻢ ﻳﻌ ﱢﺑﻬﻢ اﻟّﻪ ﺑﺄﻳ ِﻳﻜﻢ وﻳﺨﺰهﻢ و َﻨﺼﺮآﻢ ﻋﻠﻴﻬﻢ وﻳﺸﻒ ﺻ ُور ﻗﻮم ﻣﺆﻣ ِﻴﻦ‬
َ ‫ﻗ ِﻠ ُ ْ ُ َﺬ ْ ُ ُ ﻠ ُ َِ ْﺪ ُ ْ َ ُ ْ ِ ِ ْ َﻳ ُ ْ ُ ْ ََ ْ ِ ْ َ َ ْ ِ ُﺪ َ َ ْ ٍ ﱡ ْ ِﻨ‬
‫وﻳﺬهﺐ ﻏﻴﻆ ﻗُﻮﺑﻬﻢ‬
ْ ِ ِ ‫َ ُ ْ ِ ْ َ ْ َ ُﻠ‬
“Fight against them so that Allāh will punish them by your hands
and disgrace them and give you victory over them and heal the
breasts of a believing people, and remove the anger of their
(believers') hearts.” 3

1 Al-Baqarah: 251
2 Refer to “Musnad Ahmad” (18166), Al-Bayhaqī (9/218), An-Nasā’ī in “Al-
Kubrā” (5/170), ‘Abdur-Razzāq (5/330), At-Tabarānī in “Al-Kabīr” (20/10),
and similar is narrated by Al-Bukhārī (4/1531), and Ibn Abī Shaybah (7/387).
Also refer to “Zād Al-Ma’ād” by Ibn al-Qayyim under the chapter of “The Pact
of Hudaybiyah”.
3 At-Tawbah: 14-15

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‫وﻟﻜﻢ ِﻲ اﻟﻘ َﺎص ﺣ َﺎة ﻳﺎ ُوﻟﻲ اﻷﻟ َﺎب‬
ِ ‫َ َ ُ ْ ﻓ ْ ِ ﺼ ِ َﻴ ٌ َ ْ أ ِ ْ َ ْ ﺒ‬
“And there is (a saving of) life for you in Al-Qisās [the Law of
Equality in punishment], O men of understanding” 4

The delight had not been completed, so soon yet calamity struck us- not
from the usual suspects, the hands of the Zionists or the Crusaders- but
from those whom we had considered as our own Brethren. And behold!
It was a mere repeat of the mistake they had fallen into earlier! And it
reminded us of the exact words of Shaykh Yūsuf Al-‘Uyayrī (ra) - when
he responded to the brothers who rejected the operation of Hawwā’
Barayev, may Allāh accept her amongst the martyrs, when he had said:

“However, while we were in the midst of rejoicing over our sister's self-
sacrifice, and we were still supplicating for her to achieve forgiveness
and mercy from Allāh, we received mail [i.e. news] which clouded our
joy. It came, not from an enemy or envier, but rather from a handful of
people whom we presume wanted to offer constructive advice.
However, they erred, and accused the great Mujāhidah, Hawwā’
Barayev, of having committed suicide, saying that it was not
permissible for her to have committed this. Nor did they think it was
permissible for us to mention her account on our website, rather that
we should have criticized her. They mentioned evidences which they had
misunderstood to imply what they claimed. In this study, we shall clarify
that Hawwā’ Barayev - and similarly Àbdur-Rahman Shīshanī, Qadī
Mowladī, Khatam, his brother Àlī, Àbdul-Mālik and others - are,
Allāh willing, in Gardens of Eternity, in the bodies of green birds,
betaking themselves to lanterns hanging from the Àrsh. This is how we
regard them, but we do not sanctify anyone before Allah.
Before we embark on a detailed exposition concerning the Islamic
verdict on martyrdom operations, it is appropriate for us to first present
a brief, to-the-point response:
Firstly: If you did not know, could you not ask? It is not appropriate for
someone who is unaware of a verdict to make sweeping statements
accusing others of wrongdoing. If those who criticized us had only

4 Al-Baqarah: 179

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investigated the issue first, they would have found that the issue is, at
worst, a disagreed issue among scholars, such that we cannot be
criticized for following legitimate scholarship.
Secondly : We request our respected brothers, who seek the truth, not
to criticize us for anything without backing the criticism with verdicts of
scholars, and [especially] the understanding of the Pious Predecessors.
Thirdly : Dear brothers and sisters! Not every martyrdom operation is
legitimate, nor is every martyrdom operation prohibited. Rather, the
verdict differs based on factors such as the enemy's condition, the
situation of the war, the potential martyr's personal circumstances, and
the elements of the operation itself. Thus, one may not give a verdict on
such operations without having an understanding of the actual
situation, and this is obtained from the Mujāhidīn, and not the
disbelievers. How, then, can you accuse us of ignorance when you are
unaware of our situation, let alone the specific details of the operation
in question?” 5

Glory be to Allāh! How the ignorant do not learn their lessons!

And likewise- as is mentioned in the third point- is the ruling of the
action carried out by the Mujāhidīn – may Allāh assist them – recently in
Dār Al-Harb. It is not permissible under every situation, nor is it
prohibited under every situation. Rather, the verdict differs based on
the factors and strategies on the ground – which are best known to the
Mujāhidīn – and it is their duty to evaluate the benefit and results of
such an operation - and if they deem it necessary, then those who are
unaware of the situation have no right to speak about affairs of which
they have no knowledge.

So in this essay- the topic which shall be addressed is what the Amīr of
the Mujāhidīn, Abū ‘Abdillāh Usāmah Ibn Lādin, may Allāh preserve
him, said in a video tape released on October 29, 2004- in which he said,
very briefly, “…And we shall punish the tyrant just as it punishes… so

5 Quote adapted from the translation of the Shaykh’s treatise entitled, “The
Islamic Ruling on the Permissibility of Martyrdom Operations”.

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that it can taste just some of what we have tasted (at its hands), so it
would stop killing our children and women.” The validity of this will
be examined in the Light of the texts of the Sharī’ah of Islām.

And we ask Allāh to make this book a heavy weight for our good deeds
on the Day of Judgment.

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Chapter One:
The Original Ruling Regarding Killing Women
and Children of the Kuffār

Allāh (Most High) commanded,

‫ﹶﺎﻗﺘﹸﻭﺍ ﺍﻟﻤﺸﺭ ِﻴﻥ ﺤﻴﺙ ﻭﺠﺩﺘ ُﻭﻫﻡ ﻭﺨ ﹸﻭﻫﻡ َﺍﺤﺼ ُﻭﻫﻡ َﺍﻗﻌ ُﻭﺍ ﻟﻬﻡ ﻜ ﱠ ﻤﺭﺼﺩ‬
ٍ َ ْ َ ‫ﻓ ﹾ ﹸﻠ ﹾ ﹾ ُ ﹾ ﹺﻜ َ َ ْ ﹸ َ َ ﱡﻤ ُ ْ َ ﹸﺫ ُ ْ ﻭ ْ ُﺭ ُ ْ ﻭ ﹾ ُﺩ ﹾ ﹶ ُ ْ ﹸل‬
“So slay the mushrikīn wherever you find them, take hold of them,
encircle them and lay in wait to ambush them on each and every
path.” 6

Shaykh Yūsuf Al-‘Uyayrī (ra) said, “Indeed the Sharī’ah of Islām has
sanctified [made forbidden] the blood, wealth, and honor of the
Muslims- and it has also prohibited harming them with any type of
harm, whether it be directly, or indirectly; Except for a Shar’ī cause, as
the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬said, “The blood of a Muslim is not permissible
except for three reasons- retaliation for a person he killed without any right, the
married adulterer, and the one who apostates from his Dīn.” So these are
some of the situations in which the blood of the Muslims is permissible.

And as for the non-Muslims- the original ruling is not sanctity- rather,
it is permissibility. Shedding the blood of the kuffār, seizing their
wealth, and removing their honor [by enslavement] – these actions are
all Halāl [permissible]. And it is not forbidden to spill their blood, seize
their wealth, nor remove their honor- nor is it forbidden to harm him;
Except for an external (i.e. secondary) matter, such as an ‘Ahd
[covenant], Thimmah [tribute], or Amān [security, and also Hudnah (a
pact of pausing the hostilities for a limited amount of time)]. As for
their women and children and elders, and those who are similar to
them from amongst those who do not fight- They have protection
[‘Ismah], due to the texts excluding them from the original ruling

6 At-Tawbah: 5

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regarding the kuffār [i.e. the permissibility].” 7 End of quote from Shaykh
Yūsuf Al-‘Uyayrī (ra).

And from these texts are the following:

Ka’b Ibn Mālik (ra) narrated, “In the Campaign of Khaybar, the
Messenger of Allāh ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬prohibited the Mut’ah marriage and the
killing of any small child or woman.” 8

He also narrated, “The Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬prohibited those who
were sent to kill Ibn Abī Al-Huqayq 9 from killing women and
children.” 10 Ibn Hibbān (ra) in his “Sīrah” mentions that this incident
took place in the year 4 after Hijrah.

And Nāfi’ (ra) narrated on the authority of Ibn ‘Umar (ra), “The
Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬saw a woman who had been killed in one of the
campaigns, so he disapproved of this; and he prohibited the killing of
women and children.” 11

And Ibn ‘Abbās (ra) narrated, “When the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬used to
send out his armies, he used to tell them, “Battle in the Name of Allāh;

7 For more in-depth knowledge regarding the ruling on the kuffār in general-
refer to the “Essay Regarding the Basic Rule of the Blood, Wealth and Honor of the
Disbelievers”.
8 Refer to “Sharh Ma’ānī Al-Āthār” (3/221), At-Tabarānī (19/74), “Musnad

Ahmad” (1/79), and Al-Bayhaqī in “Al-Kubrā” (7/204).
9 Abū ‘Umar (ra) explained, “This Ibn Abī Al-Huqayq was a man from the

Jews of Khaybar; his full name was Salām Ibn Abī Al-Huqayq. His Kunyah
was Abū Rāfi’. He used to insult the Prophet ‫ , ﺻﻠﻰ اﷲ ﻋﻠﻴﻪ وﺳﻠﻢ‬so the Prophet
‫ ﺻﻠﻰ اﷲ ﻋﻠﻴﻪ وﺳﻠﻢ‬ordered for him to be killed; similar to the incident of Ka’b Ibn
Al-Ashraf.” Refer to “Fat’h Al-Mālik Bi Tabwīb At-Tamhīd”, in “Kitāb Al-Jihād”
(6/228).
10 Refer to “Musannaf Ibn Abī Shaybah” (12/381), “Sīrat Ibn Hishām” (2/274-

275).
11 Refer to “Sahīh Al-Bukhārī” (4/147), and “Sahīh Muslim” (3/1364).

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Fight those who disbelieve in Allāh; Battle! Do not transgress, nor
betray, nor commit excess! Do not mutilate! Do not kill a child!” 12

And in a different narration, “Set forth in the Name of Allāh, with
Allāh, upon the Path of the Messenger of Allāh; Do not kill an old man,
nor an infant, nor a youngster, nor a woman; Do not commit excess,
and gather your booty; and make reconciliation [with your brethren],
and do righteousness; Truly, Allāh loves the Muhsinīn (the good-
doers).” 13
And in another narration, “Go out in the Name of Allāh, fighting in the
Path of Allāh; Do not betray; Do not mutilate; Do not kill children, nor
monks.” 14

And it is in the Hadīth of Rubāh Ibn Rubayyi’ (ra), “Join Khālid (Ibn Al-
Walīd) and tell him not to kill a child nor a hired laborer.” And in other
narrations, “… and tell him not to kill a woman or a hired slave.” 15

As-Sa’b Ibn Jathāmah narrated, “And the Prophet of Allāh (may peace
be upon him), when asked about the women and children [Tharāriyy]
of the polytheists being killed during the night raid- he said: “They are
from them”. And in similar narrations, it is reported that he replied by
saying, “They are from their fathers.” 16

12 Refer to “Jāmi’ Masānīd Abī Hanīfah” by Al-Khuwārzimī (2/293).
13 Refer to “Sunan Abī Dāwūd” (3/38).
14 Refer to “Ma’ānī Al-Āthār” (3/220, 225).
15 Refer to “Sunan Abī Dāwūd” (3/56, # 2669), “Sunan Ibn Mājah” (2842),

“Musnad Ahmad” (3/488), and “Mustadrak Al-Hākim” (2/122).
16 Refer to “Fat’h Al-Bārī” (6/146), and “Al-Minhāj Sharh Sahīh Muslim Ibn Al-

Hajjāj” (12/49), “Sunan Ibn Mājah” (2/967), “Sunan Abī Dāwūd” (3/56),
“Musnad Ahmad” (4/38), Al-Bayhaqī (9/78), Ibn Abī Shaybah (12/388), At-
Tabarānī in “Al-Kabīr” (8/102), Al-Baghawī in “Sharh As-Sunnah” (10/50), Al-
Humaydī (2/343, # 781), and At-Tahāwī in “Ma’ānī Al-Āthār” (3/221), and
“Jāmi’ Al-Usūl” by Ibn Al-Athīr (2/733), and Ibn al-‘Arabī in ‘Āridhat al-
Ahwathī (7/65).

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Ibn Qudāmah (ra) narrates, “He (Ahmad Ibn Hanbal) said, ‘The Hadīth
of As-Sa’b came after the forbiddance of killing the women and
children, because his forbiddance of killing the women was when he
sent (men) to Ibn Abī Al-Huqayq, and because it is possible to reconcile
the two (Hadīths); the forbiddance upon intentionally (killing them),
and the permissibility for what is besides that.” 17

Shaykh ‘Abdul-Qādir Ibn ‘Abdil-‘Azīz (fa) said, “I say: And Ibn Hajar
pointed to the possibility of its abrogation, in his explanation of the
Hadīth of As-Sa’b, due to an additional phrasing narrated Mudraj, 18
from the statement of Az-Zuh’rī, in ‘Sunan Abī Dāwūd ’, as he said at its
end: ‘Sufyān said, Az-Zuhrī said, ‘The Messenger of Allāh ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ‬
forbade the killing of the women and children after that.” And Ibn
Hajar said, “And it is as if Az-Zuh’rī pointed to the abrogation of the
Hadīth of As-Sa’b, with that, based upon the differing dates of this
forbiddance, which are narrated. Because it is said that it was when he
sent (men) to Ibn Abī Al-Huqayq, which was narrated by Abū Dāwūd
and it is (also) said on the Day of Hunayn, which was narrated by Ibn
Hibbān.” 19

And Abū Bakr Al-Hāzimī 20 mentioned these two Hadīths and said that
a group has taken (the opinion) that the first abrogated the second and
a group (took the) opposite (opinion) to that. And a group took (the

17 Refer to “Al-Mughnī Wash-Sharh Al-Kabīr” (10/503). And as for the
statement, “the forbiddance upon intentionally (killing them)” – this shall be
explained in the remainder of this book, if Allāh permits- and it will be clear
that there are many situations which it is permissible to kill them
intentionally also.
18 Trans. Note: Ibn Kathīr may Allāh be merciful to him, said: “And it is that a

phrase, which is from the words of the narrator, is added in the Matn (text) of
the Hadīth. So the one who hears it thinks that it is Marfū’ (raised up) in the
Hadīth, so he narrates it like that.” “Al-Bā’ith Al-Hathīth Sharh Ikhtisār ‘Ulūm
Al-Hadīth” page 69, published by Dār Al-Kutub Al-‘Ilmiyyah, Beirut.
19 “Fat’h Al-Bārī ”, Vol. 6/147
20 Muhammad Ibn Mūsa Ibn 'Uthmān Ibn Mūsa Ibn 'Uthmān Ibn Hāzim, Al-

Hāfith Abū Bakr Al-Hāzimī, Al-Hamdānī. Born 548 AH.

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opinion) of reconciling between them. Then he mentioned the
statement of Ash-Shāfi’ī, which supports the reconciliation: “Ash-Shāfi’ī
said, ‘The Hadīth of As-Sa’b took place during the last ‘Umrah of the
Prophet ‫ ,ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ‬so if it was during his first ‘Umrah, then Ibn Abī
Huqayq was killed prior to that and it is said (that this was) the same
year. And if it was during his last ‘Umrah, then it was after the matter of
Ibn Abī Huqayq, without doubt. And Allāh knows best.’ Ash-Shāfi’ī,
may Allāh be merciful to him, said, ‘And we do not take the understanding
that he gave the concession (Rukhsah) for the killing of the women and children
and then later forbade it. And the meaning of the forbiddance of killing
women and children, in our opinion, and Allāh knows best, is if he
intentionally kills them and if they are recognizable and distinguishable
from those who were ordered to be killed from them. And the meaning
of his statement: ‘…from them…’ is that they (have in them) two
characteristics; that they are not ruled upon with faith (Īmān), which
would make their blood impermissible, nor are they ruled upon as
living within the state of faith (Dār Al-Īmān), which prohibits the
raiding upon the home. And due to this, the Prophet ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ‬
permitted the night attack and the raiding upon the home and he
raided upon Banī Al-Mustalaq, while they were inattentive. And the
knowledge exists that the night attack and the raiding; if they were
permitted by the permission of the Messenger of Allāh ‫ ,ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ‬it
is unavoidable that someone would attack at night or raid without
attacking the women and children. So the sin and the expiation and the
blood-money and the Qisās (punishment by retribution) fall off of them
with regards to those who were attacked, if the night attack and the
raiding were permitted. And they do not have the sanctity of Islām.
And it would not be for him to intentionally kill them when they are
distinguishable and while he can recognize them. And he only forbade
the killing of the children because they did not reach puberty upon kufr
then act upon it so have to be killed for it, and from killing the women
because they have no drive within them for fighting and because they
and the children are a grant, so they would be an (added) strength for

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the people of the religion of Allāh, the Mighty, the Majestic.” 21 End of
quote from Shaykh ‘Abdul-Qādir Ibn ‘Abdil-‘Azīz (fa). 22

And as for the statement of Az-Zuh’rī, ‘The Messenger of Allāh ‫ﺻﻠﻰ ﺍﷲ‬
‫ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ‬forbade the killing of the women and children after that” – Abū
‘Umar (ra) said, “Az-Zuh’rī [alone] considered the Hadīth of As-Sa’b to
be abrogated due to the prohibition of the Prophet ‫ ; ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬but [all]
other than him consider it as a Muhkam [clear, obvious, explicit text]
and not abrogated.” 23

And as Ibn Hajar stated, there were from the Salaf those who viewed it
permissible to kill the women and children of the kuffār – regardless of
whether or not they fight – as Ibn Hajar (ra) narrated from Abū Bakr
Al-Hāzimī, that he viewed the killing of women and children
permissible due to the Thāhir [external appearance] of the words of the
Prophet in the Hadīth of As-Sa’b. And Ibn Hajar then remarked, “This is
a strange (opinion).”

But still Al-Māwirdī (ra) narrated from Ash-Shāfi’ī the permissibility of
killing the women (of the kuffār), other than from amongst the People of
the Scripture. And this was pointed out by the a Ar-Ramlī when he said
while explaining the quote of An-Nawawī, “And it is forbidden to kill a
child, insane person, and a woman”: “And this is even if they do not
possess a Scripture, as opposed to those (scholars) who restrict it to that
(stipulation).” 24

And the abrogation of the prohibition of killing women and children of
the kuffār, as Al-Hāzimī stated based upon the Thāhir [external
appearance] the Hadīth of As-Sa’b is indeed possible; and this is because

21 “Al-I‘tibār Fī An-Nāsikhi Wal-Mansūkh”, by Al-Hāzimī, page 215, publication
of “Makabat Al-Andalus”, in Hims, 1386 H.
22 Refer to “Al-‘Umdah Fī I’dād Al-‘Uddah Lil-Jihādi Fī Sabīlillāhi Ta’āla” page

331.
23 Refer to “Fat’h Al-Mālik Bi Tabwīb At-Tamhīd”, in “Kitāb Al-Jihād” (6/237).
24 Refer to “Nihāyat Al-Muhtāj” (8/64).

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the Hadīth of As-Sa’b came after the prohibition, as stated by Imām
Ahmad Ibn Hanbal (ra). 25

And likewise Ibn Hajar (ra) also mentioned that the Hadīth of
prohibiting Khālid Ibn Al-Walīd (ra) from killing women [and children
in some narrations] and the hired laborers took place during Hunayn
(early Shawwāl, eighth year after Hijrah); while the Hadīth of As-Sa’b
was during At-Tā’if (late Shawwāl, eighth year after Hijrah). 26

And Shaykh Al-Islām Ibn Taymiyyah (ra) said regarding the incident of
Ibn Abī Al-Huqayq:

“And this took place before the Conquest of Makkah- rather, even
before the Conquest of Khaybar also- and there is no difference of
opinion regarding this amongst the People of Knowledge. And Al-
Wāqidī mentioned that this took place in the year four after the Hijrah,
before the Battle of Khandaq; and Ibn Is’hāq mentioned that it was right
after Khandaq- and both of them claim that the Battle of Khandaq took
place in the month of Shawwāl in the year five. And Mūsā Ibn ‘Uqbah
27 said that it was in the month of Shawwāl in the year four, and the

Hadīth of Ibn ‘Umar (ra) supports this. And the Conquest of Makkah
took place in Ramadhān of the year eight.

And we only mention this to refute the Wahm [mistaken claim] of those
who assume that killing women was permissible in the Year of the
Conquest [of Makkah], and was supposedly prohibited only
afterwards.

25 Ibn Qudāmah (ra) narrates, “He (Ahmad Ibn Hanbal) said, ‘The Hadīth of
As-Sa’b came after the forbiddance of killing the women and children,
because his forbiddance of killing the women was when he sent (men) to Ibn
Abī Al-Huqayq.” “Al-Mughnī Wash-Sharh Al-Kabīr” (10/503)
26 Refer to “Fat’h Al-Bārī” (6/183).
27 Imām Mālik (ra) said, “Whosoever wishes to write (and learn) regarding the

history of the Maghāzī [battles, campaigns], then it is binding upon him to get
[knowledge] from the book of the righteous man, Mūsā Ibn ‘Uqbah.” Refer to
“As-Sārim Al-Maslūl” by Ibn Taymiyyah.

15


And even, there is no difference of opinion amongst the People of
Knowledge that the killing of women was never permissible [in
originality]. Because the Verses of Qitāl [fighting], and the order in
which they were all revealed 28- prove that the killing of women was
never permissible.” 29 End of quote from Shaykh Al-Islām.

The majority of scholars of Tafsīr, such as Al-Qurtubī, Ibn Kathīr, and
At-Tabarī, also use the following Verse as evidence used by the Salaf
against killing women and children,

‫َﻻ ﺘﻌﺘ ُﻭﺍ ﺇﻥ ﺍﻟﻠﻪ ﻻ ﻴﺤ ﱢ ﺍﻟﻤﻌﺘ ِﻴﻥ‬
َ ‫ﻭ ﹶ ﹶ ْ ﹶ ﺩ ﹾ ِ ﱠ ﹼ َ ﹶ ُ ِﺏ ﹾ ُ ْ ﹶ ﺩ‬
“But transgress not the limits. Truly, Allah likes not the
transgressors.”30

And Imām Ahmad (ra) narrated that during Hudaybiyah- which was
the sixth year after the Hijrah- after the Messenger of Allāh ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬
was prevented from the House of Allāh- he said to his Companions,
“Advise me! Do you think we should target the children of those who helped
them (the enemies), so we kill them; and if they remain sitting, then they will

28 Because Allāh initially prohibited the Muslims from any violence
whatsoever: “But forgive and overlook, till Allāh brings His Command.”
[Al-Baqarah: 109]; and ‘Abdur-Rahmān Ibn ‘Awf (ra) and some of his
companions came to the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬in Makkah and complained, “O
Messenger of Allāh! We were honored and in pride when we were mushrikīn;
and now after we have Īmān, we have become disgraced.” So the Prophet ‫ﺻﻠﻰ‬
‫ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬replied, “I have been ordered to forgive, so do not fight (back).” [Narrated
by An-Nasā’ī (6/3) and Al-Hākim (2/307)]. And after this Verse, Allāh then
revealed, “And fight in the Way of Allah those who fight you, but
transgress not the limits. Truly, Allah likes not the transgressors.” [Al-
Baqarah: 190]. And women and children- usually- do not fight- thus it was
never originally permissible. And then finally, Allāh revealed the Verse of the
Sword [At-Tawbah: 5] which abrogated all other Verses regarding Qitāl.
29 “As-Sārim Al-Maslūl ‘Alā Shātim Ar-Rasūl”: pg. 130
30 Al-Baqarah: 190 – And it is important to understand this- since the scholars

indeed have mentioned that this Verse is restricted by the Verses of Qisās.

16


sit as those whose families have been killed, and property been seized, even if
they survive.” 31

Shaykh ‘Abdul-‘Azīz Al-Jarbū’ (fa) said after quoting this Hadīth, “And
indeed the Messenger of Allāh ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬is far removed from asking
advise from his Companions regarding something which was
prohibited upon him… Nay, rather he wouldn’t seek advice on
anything except that which was made permissible for him.” 32

And Shaykh Abū Qatādah Al-Filastīnī (fa) explained the benfits
understood from it, and said, “So in the Hadīth there is the
permissibility of using the offspring and the women as a means of
putting pressure upon the Mushrikīn to weaken their matter and to
divide their unity, because the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ‬wanted to attack
the women and the offspring so as to divide the allied clans away from
Quraysh.”

And thus it can be derived from this Hadīth- which was after the
general prohibition against killing women and children- that it is
permissible to target the women and children in certain situations-
when a greater benefit is in killing them, rather than keeping them alive
[and enslaving them].

Conclusion

Allāh (Most High) has made the blood, wealth, and honor of the People of
kufr permissible for the Muslims. And He has made exceptions to this

31 Refer to “Musnad Ahmad” (18166), Al-Bayhaqī (9/218), An-Nasā’ī in “Al-
Kubrā” (5/170), ‘Abdur-Razzāq (5/330), At-Tabarānī in “Al-Kabīr” (20/10),
and similar is narrated by Al-Bukhārī (4/1531), and Ibn Abī Shaybah (7/387).
Also refer to “Zād Al-Ma’ād” by Ibn al-Qayyim under the chapter of “The Pact
of Hudaybiyah”.
32 Refer to “At-Ta’sīl Li Mashrū’iyyat Mā Hasala Li Amrīkā Min Tadmīr” (38);

this book was read and approved by the Noble Shaykh Hamūd Ibn ‘Uqlā’
Ash-Shu’aybī (ra), and the Imprisoned Shaykh ‘Alī Ibn Khudhayr Al-
Khudhayr (fa).

17


general ruling- amongst them are their women and children, whose
blood has been made Harām by the Sharī’ah- they have been provided a
restricted ‘Ismah [protection] by the Sharī’ah. But this protection is not
absolute, nor is it unrestricted. Because indeed there are circumstances
in which it is permissible to kill them both, intentionally, and
unintentionally. And in these situations, the restriction is removed, and
these women and children revert back to the original ruling of the
People of kufr- permissibility.

18


Chapter Two:
The Reason Behind the Prohibition And the
Penalty for Killing theWomen and Children of
the Kuffār 33

Imām As-Sarkhasī (ra) explained, “The women, children, insane, and
elderly of those who reside in Dār Al-Harb- should not be killed… And
whosoever kills any from amongst these (people whose killing is
prohibited) without having been fought by them- Then he does not
need to give any compensation (kaffārah), nor blood money [let alone
getting any punishment]. And this is because the kaffārah and the blood
money is only obligatory with regards to sanctity and protection (when
it is) within itself- and that (sanctity/protection) comes only from the
religion (of Islām) or the land/state (of Islām) 34 - and neither of the two
is present in them. And killing them is only prohibited due to attaining
the benefit (i.e. them becoming a property of the Muslims); and also
due to the absence of the basis which obligates the killing (of a person) -
which is fighting [Muhārabah], not due to a sanctity [‘Āsim] or value
within itself [Fī Nafsihi]. And so, it is not obligatory upon this murderer
to compensate, nor to pay the blood money. And this is what was
pointed out by the Messenger of Allāh ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬when he said, “They
are from them”- meaning the women and children of the Mushrikīn are

33 This chapter will only deal with the penalty of the intentional killing of
women and children of the kuffār who do not have any covenant with the
Muslims- in situations in which it is not permissible to kill them intentionally.
34 And this is what Imām Ash-Shāfi’ī (ra) said while explaining the Hadīth of

As-Sa’b, “And the meaning of his statement: ‘…from them…’ is that they (have
in them) two characteristics; that they are not ruled upon with faith (Īmān),
which would make their blood impermissible, nor are they ruled upon as
living within the state of faith (Dār Al-Īmān), which prohibits the raiding upon
the home.” Refer to “Ar-Risālah” (299).

19


indeed from amongst the Mushrikīn. This means that there is no sanctity
for them, nor any value for their inviolability [i.e. within itself].” 35

Al-Kāsānī (ra) stated, “And if any of these whom we have mentioned
(from women, children, and elderly, etc) that are not permissible to be
killed- if any of them are murdered, then that does not require any
blood money, nor compensation (Kaffārah)- (it is only required to do)
repentance and ask forgiveness from Allāh. And this is because the
blood of a kāfir is not valued except if there is a covenant.” 36

And Ibn Nujaym (ra) repeated from him his statement similarly, “And
even if someone kills such a person whom it is impermissible to kill,
from amongst those whom we have just mentioned [such as women or
children, etc]- then there is nothing obligatory upon him such as blood
money, nor compensation (Kaffārah)- except (it is obligatory upon him
to do) repentance and ask forgiveness from Allāh. And this is because
the blood of a kāfir is not valued except with a covenant- and this is not
present.” 37

35 Refer to “Sharh As-Siyar Al-Kabīr” (2741), in the chapter, “Man Yukrah
Qatluhu Min Ahl Al-Harb” As for the statement, “This means that there is no
sanctity for them, nor any value for their inviolability” : This should not be
understood to mean that it is unrestrictedly permissible to kill their women
and children- but rather- it is forbidden, not due to them being merely
women and children, but rather because of the benefit that can be taken from
them by enslaving them. And from this it can be understood that in a
situation, if killing them brings greater benefits as opposed to enslaving them
(i.e. keeping them alive)- then this is permissible, as Az-Zayla’ī (ra) has
clarified, when he said, “So if it is permissible to kill the children of the
mushrikīn for the benefit [Maslahah] of the Muslims- then killing their elders is
even more worthy of being permissible, if there is a benefit in doing so- such
as if they were kings. But if there is no benefit, then they shouldn’t be killed
unless they fight- in which case they should be killed to repel (their harm).”
Refer to “Tabyīn Al-Haqā’iq”, in “Kitāb As-Siyar”
36 Refer to “Badā’i’ As-Sanā’i’”, in “Kitāb As-Siyar”, “Bayān Man Yahillu Qatluh”
37 Refer to “Al-Bahr Ar-Rā’iq” in “Kitāb As-Siyar”

20


Shaykh Al-Islām Ibn Taymiyyah (ra) said, “And under all circumstances,
any woman who is a Harbī [is not under Thimmah, nor within any ‘Ahd]-
(killing her purposely) does not require any punishment (upon the
murderer), nor must any blood money be paid, nor is there any
compensation (Kaffārah); and this is because the Prophet ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬
did not demand any of that from those who killed women in the
campaigns. So this is the difference from a woman who is under
Thimmah [in which case those can be demanded from the murderer].
And as for killing the Harbī woman who fights- then that is
unanimously permissible.” 38

Al-Hāfith Ibn Hajar (ra) said, quoting At-Tabarānī, “Abū Sa’īd
narrated, “The Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬prohibited the killing of women and
children”- and he [At-Tabarānī] commented, “(Because) they belong to
those who conquer (i.e. property of the Mujāhidīn).” 39

The Minor Shāfi’ī, Ar-Ramlī (ra), said, “And if they [the people of Dār
Al-Harb] use Muslims, or the People of Thimmah, as human shields-
then they should not be attacked unless there is a great necessity (for
attacking them regardless of them) – due to the obligation of respecting
their sanctity of Īmān (of the Muslims) and their covenant (of the People
of Thimmah); And this (prohibition) is different from the (prohibition of
killing) women and children- which is specifically because of the
safeguarding of the rights of the Ghānimīn (the Mujāhidīn who become
the owners of these women and children).” 40

And likewise, Shaykh Ibn Al-‘Uthaymīn (ra) supported this when he
said, “And as for his [i.e. Prophet’s ‫ ] ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬prohibition against
killing women and children (of the kuffār); then by “women”- its
inclusiveness is unrestricted, including those who have reached
puberty (and those who have not); and as for “children”- it is the boys
who have not yet reached puberty. And the only reason for which the

38 Refer to “As-Sārim Al-Maslūl” Pg. 131
40 Refer to “Nihāyat Al-Muhtāj” (8/65).

21


Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬prohibited (killing) women and children become…
For what reason? For : enslavement (Riqqah); for slavery (Sabiyy). And if
they are killed, then the Muslims will lose much benefit.” 41

And Ibn Taymiyyah also said, after mentioning the incident of Usāmah
Ibn Zayd (ra) killing a man who professed the Shahādah, “It is
established that they had killed Muslims, (those) whose killing is not
permissible- but along with this, still the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬did not
kill them (in return), nor did he punish them, nor did he obligate them
to pay the blood money, nor compensate for the sake of the killed one;
and this is because the killer had a Ta’wīl [misinterpretation: thinking
that it was permissible to kill on the basis of merely doubting the Islām
of a person who has not externalized anything nullification of Islām]-
and this is the opinion of the majority of the scholars, such as Ash-
Shāfi’ī and Ahmad, and others. And there are also people who say,
“Rather, they had indeed believed, but they did not emigrate”-
(meaning) so they have Al-‘Ismah Al-Mu’thamah 42, but not Al-‘Ismah Al-

41 Refer to side “B” from the third cassette of “Kitāb Al-Jihād” from “Sharh
Bulūgh Al-Marām”. Or download it from the Shaykh’s own website:
http://www.binothaimeen.com/sound/snd/a0020/A0020-3B.rm . Brothers
and sisters are requested to download this before it is taken down by the
Enemies of Allāh. Starting at time frame 28:17 .
42 Al-‘Ismah Al-Mu’thamah:, literally “The Protection of Sin” – which means

that if this “protection” is transgressed, then the transgressor will be sinful
(the sin can be forgiven by making Tawbah [repentance] and Istighfār [asking
Allāh for forgiveness]). But this does not necessarily mean that the
transgressor has to pay blood money, nor compensate, nor be punished. And
Shaykh Al-Islām has just mentioned the examples of these.

22


Mudhamminah 43- like the category of the women and children of Dār
Al-Harb.” 44

And Ibn Qudāmah (ra) said, “As for killing the women and children of
Dār Al-Harb, then there is no need for compensation for killing them;
and this is because they do not have Faith [Īmān] or covenant [Amān].
And the only reason it is forbidden to kill them is due to the benefit
derived from them for the Muslims, by enslaving them and becoming
the slaves of the Muslims. And also similar, is the killing of those whom
the Da’wah has not yet reached- there is no need for compensating for
killing them. And it is for this reason [i.e. because of them having
neither Islām nor covenant], nothing is required from those who kill
them 45. So they are similar to those whose killing is permissible [Mubāh].” 46

43 Al-‘Ismah Al-Mudhamminah: literally “The Protection of Requirement” –
which means that if transgressed, then the transgressor will be required to
either pay blood money, or compensate, or be punished- depending on the
exact nature of the crime. Such as killing a Muslim or a Thimmī (but keeping
in mind the basic rule in the Sharī’ah, “A Muslim cannot be killed for the sake
of a kāfir.”).
44 Refer to “Minhāj As-Sunnah” (4/453-454).
45 But since they have disobeyed the Prohibition of the Messenger ‫ﺻﻠﻰ اﷲ ﻋﻠﻴﻪ‬

‫ - وﺳﻠﻢ‬it is as the Salaf clarified earlier, “(it is only required to do) repentance
and ask forgiveness from Allāh.”
46 Refer to “Al-Mughnī” (8/67).

23


Chapter Three:
Situations When the General Prohibition is
Restricted

So after this explanation, it can be asked:

Are there any situations in which it is permissible to kill the women and
children of the kuffār, and other similar types of civilians? Or is it
unrestrictedly forbidden, like adultery and sodomy?

Answer: Indeed the Sharī’ah of Islām has mentioned some situations
during which it is permissible to kill the women and children of the
kuffār- and has clarified that the protection [‘Ismah] of their blood is not
unrestricted. Rather, there are situations when it becomes permissible to
kill them, sometimes intentionally, and sometimes unintentionally. And
some of these situations are as follows-

Unintentionally Killing Them:

1) When they are raided upon at night time- and according to some
‘Ulamā’, even day time- and they cannot be distinguished from
their fighters, and the women and children are killed
inadvertently- then in such a situation it becomes permissible. So
if they are killed in this situation, their killing was permissible.

And the evidence for this is in the Hadīth of As-Sa'b Ibn Jathāmah, may
Allah be pleased with them, when he reported:
The Prophet of Allah (may peace be upon him), when asked about the
women and children [Tharāriyy] of the polytheists being killed during
the night raid, he said: “They are from them”.47

Refer to “Fat’h Al-Bārī” (6/146), and “Al-Minhāj Sharh Sahīh Muslim Ibn Al-
47

Hajjāj” (12/49).

24


Imām Ahmad Ibn Hanbal (ra) said, “There is nothing wrong with night
raids, nor do I know of a single person who disliked it.” 48

Imām An-Nawawī (ra) explained this Hadīth of As-Sa’b, saying, “And
this means that the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬was asked regarding the ruling
of the women and children of the mushrikīn whom they are raiding, and
their women and children are killed (in the process)- so he ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬
clarified by saying, “‘They are from their fathers.’: In other words, there is
no problem with that because the rulings upon their fathers are
implemented upon them in the inheritance and in marriage and in
equity in penalties (Qisās) and in blood-money and in other than that.
And what is meant is that if they are not intended, for other than a
necessity, as for the aforementioned Hadīth about the forbiddance of
killing the women and children, then what is meant is if it is possible to
differentiate (between the target and those who are present from
women and children). And this Hadīth, which we have just mentioned,
regarding the permissibility of attacking at night and killing the women
and children, during the night attack; it is our scholarly opinion
(Math’hab), as well as the scholarly opinion (Math’hab) of Mālik and Abī
Hanīfah, as well as the majority. And the meaning of the night attack
and the attacking them at night is raiding against them at night, where
the man would not be recognized apart from the woman and child. As
for the “Tharārī” (offspring), with the emphasis on the (letter) “‫”ﻱ‬
(“Yā”) – or without the emphasis, according to both dialects, whereas
the emphasis is more correct – and the meaning of the offspring here is
the women and children. And in this Hadīth, there is evidence upon
permissibility of attacking at night and the permissibility of raiding
upon those who the Da’wah has reached, without informing them about
that. And in it, there exists that the children of the Mushrikīn; their
ruling in this life is the (same) ruling as upon their fathers. As for in the
hereafter, then regarding them, if they died before maturity, there are
three scholarly opinions.” 49

48“Fat’h Al-Bārī” (6/146)
49Refer to “Al-Minhāj Sharh Sahīh Muslim Ibn Al-Hajjāj” (12/49-50). Notice
how the Imām (ra) mentioned that there is a difference of opinion regarding

25


And Ibn Al-Athīr (ra) said, “At-Tabyīt: Means striking the enemy at
night time, raiding them while they are not aware. And the statement of
the Prophet ‫“ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬They are from them” means- the ruling
regarding them is the same as the rest of their people (kuffār). And
similar is the other narration in which he ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬said “They are
from their fathers.” 50

Imām Ash-Shāfi’ī (ra) said, “And it is permissible to raid the kuffār
during the night or day- and if their women and children are killed in
the process, then there is no need to pay blood money, nor punishment, nor
expiation (kaffārah).” 51

2) When the kuffār use their women and children as human shields,
then it is permissible to kill them all (the fighters, and their
women and children which are being used as shields).

Imām An-Nawawī (ra) said, “And if there is close combat [i.e. near their
homes], and the kuffār use their women and children as (human)
shields, it is permissible to strike them.” 52

Imām Al-‘Izz Ibn ‘Abdis-Salām (ra) said, “We view it permissible to kill
the children of the kuffār if they are used as shields.” 53

And Imām Al-Ansārī 54 (ra) said, “And it is prohibited to destroy
animals, due to their innocence, and because of the prohibition of
killing animals for any purpose other than eating- unless there is a need

the Hukm of the children in the Hereafter- but in the life of this world he did
not mention any difference of opinion in his statement, “in this world, the
children of the kuffār have the same Hukm (ruling) as their fathers”.
50 Refer to “Jāmi’ Al-Usūl” (2/733).
51 Refer to “Al-Umm” (4/239). Notice how the Imām mentions killing the

women and children during the broad day light.
52 Refer to “Minhāj At-Tālibīn” (4/224).
53 Refer to “Qawā’id Al-Ahkām Fī Masālih Al-Anām” (1/82).
54 Zakariyyā Al-Ansārī, died 926 AH.

26


to kill them, such as killing horses which the kuffār ride upon when they
fight. So in such a situation it is permissible to kill (these animals), to
repel the harm of the kuffār- just as it is permissible to kill their women
and children if they are used as shields.” 55

Shaykh Al-Islām Ibn Taymiyyah (ra) said. “And the scholars are united
that, if the armies of the kuffār shield themselves using the Muslim
prisoners who are with them, and danger is feared for the (rest of the)
Muslims if the kuffār are not fought- then it is permissible to fight them,
even if it leads to the killing of the Muslims who were being used as
shields.” 56

So this is regarding a Muslim- and it is known that the blood of a kāfir-
even of their women and children- is not equivalent to the blood of a
Muslim. So if it is permissible to kill a Muslim in such a situation- then
killing the women and children of the kuffār is obviously more worthy
of being permissible.

And also Ibn Qāsim said, “He said in “Al-Insāf”: If they use a Muslim as
a shield, then it is impermissible to strike him- except when it is feared
(that it is a greater danger if the kāfir is not struck), then it is permissible
to strike them, while aiming at the kuffār. And there is no argument
against this (permissibility).” 57

[AN IMPORATNT NOTE:

Shaykh Yūsuf Al-‘Uyayrī (ra) explained:

And it is obligatory to note an important matter here: and this is that
there is a difference in the Hukm [ruling] if the kuffār are using Muslims
as their shields, and if they are using their own kuffār women and
children.

55 Refer to “Fat’h Al-Wahhāb” (2/301).
56 Refer to “Majmū’ Al-Fatāwā” 28/537-546, 20/52
57 “Al-Hāshiyah ‘Alā Ar-Rawdh” 4/271

27


So if the human shields being used are Muslims, then the enemy should
not be attacked except in the case of dire necessity- meaning that if the
evil harm of leaving the kuffār is worse than the evil harm of killing
those Muslim human shields; for example, if those kuffār later come
back and kill even a greater number of Muslims; or if leaving those
kuffār would cause a low morale amongst the Muslims.

But if the kuffār use their own women and children as human shields,
then this situation is not as grave as the first situation (that has just
preceded). It is permissible to kill those kuffār along with those (women
and children) who are (originally) protected, if there is any need to do
so- even if that need is not a dire necessity; because the protection placed
upon the blood of the women and children of the kuffār is less than that
of a Muslim (i.e. the blood of the Muslims is more valuable and
protected)..

So the first situation is permissible for a dire necessity, while the second
is permissible for any need that arises.]

3) When a catapult is used, it is permissible to attack the kuffār, even
if it kills their women and children in such a situation. And
similarly today, a similar analogy can be made for the
permissibility of the use of heavy artillery like mortars, tanks,
planes, bombs, etc.

Ibn Rushd (ra) said, “And the jurists are all united on the permissibility
of using catapults to strike the fortresses of the kuffār, regardless of
whether or not their women and children are in there; due to the
Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬attacking the People of At-Tā’if using a catapult.”
58

And Ibn Qāsim, may Allāh be merciful to him, said in his commentary,
“And it is permitted to fire upon the kuffār with catapults, even if
children and women and old men and monks are killed

58 Refer to “Bidāyat Al-Mujtahid” (1/385-386).

28


unintentionally, because of the Ijmā’ concerning the permissibility of
terrorizing them. Ibn Rushd, may Allāh be merciful to him, said,
‘Terrorizing is permitted by Ijmā’ against all types of kuffār.” 59

4) When there is a need to besiege, torch, burn, fumigate, drown the
fortresses [and ships] of the kuffār, even if it leads to the
killing/death of their women and children.

Imām An-Nawawī (ra) said, “And it is permissible to besiege the kuffār
in their fortresses, and to drown them in water [if they are on ships],
and to attack them with fire and catapults, and raiding them at night
while they are unaware.” Imām Ash-Sharbīnī (ra) said in his Sharh of the
above quote from An-Nawawī (ra), “and to attack them with fire and
catapults”- and this also includes demolishing their homes, and
throwing snakes and scorpions upon them- even if there are women
and children amongst them.” 60

Imām Ibn An-Nahhās (ra) said, “It is permissible to attack them with
catapults, fire, and to drown them in water [if they are on ships] - even
if there are women and children amongst them. But if there is a Muslim
prisoner or merchant, or a Musta’man [a person with a covenant], then it
is Makrūh [disliked], unless there is a necessity.” 61

Imām Badr Ad-Dīn Al-‘Aynī (ra) said, “And the Hadīth of Ibn ‘Umar (ra)
62 proves that it is permissible for the Muslims to plan against their

enemies from amongst the mushrikīn with anything which deteriorates
their valor, weakens their plots, and facilitates victory over them-

59 Refer to “Al-Hāshiyah ‘Alā Ar-Rawdh” (4/270).
60 Refer to “Mughnī Al-Muhtāj Sharh Al-Minhāj” (9/72).
61 Refer to “Mashāri’ Al-Ashwāq” (2/1024). Notice how the Imām (ra) did not

state that it is Makrūh to attack the kuffār if their women and children are
present- yet, he mentioned it for the Muslim prisoner/merchant and the
Musta’man.
62 He is referring to the Hadīth which Ibn ‘Umar (ra) narrated, “The Prophet

‫ ﺻﻠﻰ اﷲ ﻋﻠﻴﻪ وﺳﻠﻢ‬burnt and cut the date trees of Banī An-Nadhīr.” Refer to
“Fat’h Al-Bārī” (6/154).

29


whether it be cutting down their fruit trees, poisoning their water supplies,
and coercing them by besiegement. And some of those who also declared
this permissible are the People of Kūfah, Mālik, Ash-Shāfi’ī, Ahmad,
Is’hāq, Ath-Thawrī, and Ibn Al-Qāsim. And the People of Kūfah said
‘their trees can be burned, their countries can be devastated, and their
cattle can be killed, and their lands can be infested (planted purposely) with
scorpions, if it is not possible to expel them’.” 63

Intentionally Killing Them:

5) When the women and children of the kuffār fight against
Muslims, then it is permissible to kill them, intentionally
targeting them.

“The ‘Ulamā’ have not disagreed concerning killing those who fight
from the women and old men and that it is permissible to kill them.
And also, the children who are able to fight and do fight; they are killed
too.”

Imām An-Nawawī (ra) said, “The ‘Ulamā’ are at consensus to act upon
the Hadīth of the prohibition of killing women and children as long as
they do not fight- But if they fight, then the majority of the scholars say
they should be killed.” 64

Imām Ibn An-Nahhās (ra) said, “It is forbidden to kill the women of the
kuffār and their children if they don’t fight according to Ash-Shāfi’ī,
Mālik, Ahmad, and Abū Hanīfah- but if they fight, then they are to be
killed.” 65

Ibn Al-Humām (ra) said, “And likewise anyone who fights from
amongst them (i.e. those who are originally forbidden from being

63 Refer to “‘Umdat Al-Qārī” (14/270). It is obviously apparent from his words
that the fact of women and children being present does not deter the ruling of
its permissibility.
64 Refer to “Al-Minhāj Sharh Sahīh Muslim Ibn Al-Hajjāj” (12/48).
65 Refer to “Mashāri’ Al-Ashwāq” (2/1023).

30


killed), then they should be killed to repel their harm, and because the
act of Qitāl (fighting, killing) is permissible in Haqīqah (reality, i.e. the
original ruling of Qitāl). And the insane person should not be killed,
unless he fights, in which case he too should be killed. So if the child
and the insane person fight, then they are killed.” 66

Ibn ‘Ābidīn (ra) said, “And likewise it is permissible to kill the mute
and deaf, and those who only have one hand, or one leg- because it is
possible for them to still fight riding (on a horse, etc); and similarly a
woman should be killed if she fights.” 67

6) When any of them encourages their fighters, or supports them, or
distracts the Muslims- then it is permissible to kill them.

Ibn Qudāmah Al-Maqdisī (ra) said, “If a woman stands in the ranks of
the kuffār, or upon their fortress, and ridicules the Muslims, or reveals
her naked self [as a distraction] - then it is permissible to strike her. As
it is narrated on the authority of ‘Ikrimah (ra), “When the Messenger ‫ﺻﻠﻰ‬
‫ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬besieged the People of At-Tā’if, a woman came up and
revealed her naked body. So the Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬ordered,
“Strike her!” So a Muslim man struck her.” And this was not a mistake
from him. And it is permissible to look at her private parts- in such a
situation- since it is necessary to look at the target. And similarly, it is
permissible to strike anyone who is (originally) protected from killing,
such as a child or an old man and such – if she (or they) prepares
arrows for the enemy, gives them water to drink, or encourages them to
fight; because they will be considered as fighters.” 68

7) When they apostatize, then it is obligatory to kill all apostates,
even if they are women.

66 Refer to “Sharh Fat’h Al-Qadīr” (5/203).
67 Refer to “Hāshiyat Ibn ‘Ābidīn” (3/225).

31


Al-Hāfith Ibn Hajar (ra) said, “And he (Ibn ‘Abbās) narrated, “And the
female apostate is to be killed, and Abū Bakr (ra) killed a woman who
had apostatized during his Khilāfah, and all the Companions agreed, not
a single one of them objected against him…” Because the original
kāfirah can be enslaved and becomes property of the Mujāhidīn, but the
female apostate cannot become enslaved, so she must be killed. And in
the Hadīth of Mu’āth (ra) when the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬sent him to
Yemen, there are the words, “Whichever man apostatizes from Islām,
then call him back. So if he returns (then let him be), but if not, then
strike his neck. And whichever woman apostatizes from Islām, then call
her back. So if she returns (then let her be), but if not, then strike her
neck.” And the chain of narration of this Hadīth is Hasan. And it is a
clear text regarding the issue being differed upon- so it is obligatory to
come back to this text (and act upon it).” 69

Ibn Qudāmah Al-Maqdisī (ra) said, “And he (Ahmad Ibn Hanbal) said,
“Whosoever turns back from Islām, from amongst the men and women, and is
mature 70 and sane- they are given three days. So if they return to Islām (then
let them be), and if not, then they should be killed…” There is no difference
between men and women apostates in the obligation to kill them. This
has been narrated from Abū Bakr (ra) and ‘Alī (ra). And this is the
stance of Al-Hasan Al-Basrī, Az-Zuhrī, Ibrāhīm An-Nakh’ī, Mak’hūl,
Hammād, Mālik, Al-Layth, Al-Awzā’ī, Ash-Shāfi’ī, and Is’hāq.” 71

8) When they curse the Prophet ‫ , ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬or ridicule anything
which manifests Islām [i.e. Mus’haf, Ka’bah, etc] - it is permissible

69 Refer to “Fat’h Al-Bārī”, in “Kitāb Istitābat Al-Murtaddīn”. And only a few
have contradicted this ruling of the permissibility of killing women who have
left Islām, claiming that the general prohibition from killing women and
children of the kuffār should be applied here. Imām Ibn Hazm (ra) said
regarding them in his “Kitāb Al-Jihād” from “Al-Muhallā”, “May this evil claim
and its supporter(s) be destroyed!”
70 The Salaf excluded children from this.

32


to kill them even if they are the women and children 72 of the
kuffār.

Allāh (Most High) says,

‫ﻭِﻥ ﻨﻜ ﹸﻭﺍ ﺃﻴ َﺎﻨ ُﻡ ﱢﻥ ﺒﻌﺩ ﻋﻬﺩﻫﻡ ﻭﻁﻌ ﹸﻭﺍ ِﻲ ِﻴﻨﻜﻡ ﻓ ﹶﺎﺘﹸﻭﺍ ﺃ ِﻤﺔ ﺍﻟﻜﻔﺭ ﺇﻨﻬﻡ ﻻ ﺃﻴ َﺎﻥ ﻟﻬﻡ ﻟﻌﻠﻬﻡ َﻨﺘ ُﻭﻥ‬
َ ‫َﺇ ﱠ ﹶﺜ ﹾ َ ْﻤ ﹶﻬ ﻤ َ ْ ِ َ ْ ِ ِ ْ َ ﹶ َﻨ ﹾ ﻓ ﺩ ِ ﹸ ْ ﹶﻘ ِﻠ ﹾ َﺌ ﱠ ﹶ ﹾ ﹸ ﹾ ﹺ ِ ﱠ ُ ْ ﹶ َ ْﻤ َ ﹶ ُ ْ ﹶ َﱠ ُ ْ ﻴ ﹶﻬ‬
“But if they violate their oaths after their covenant, and attack your
religion with disapproval and criticism then fight (you) the leaders of
kufr- for surely their oaths are nothing to them - so that they may stop
(evil actions).” 73

Al-Hāfith Ibn Kathīr (ra) said while explaining the above Verse, “And
from this Verse, it is understood that whosoever insults the Prophet ‫ﺻﻠﻰ‬
‫ , ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬or curses the Dīn of Islām, then such a person is to be killed.”
74

And Ibn ‘Abbās (ra) narrated, “A blind man had a wife 75 who used to
revile the Prophet ‫ . ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬So the man prohibited her, but she did
not cease; he scolded her, but she continued. So during one night, she
began reviling the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬and insulting him. So the
husband took a dagger and put it in her stomach till he had killed her.
And a child had come to her, and the blood splattered upon everything
that was there. So when morning came, this [murder] was mentioned to
the Messenger ‫ . ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬So he gathered the people and announced,
“Allāh has notified (me) that a man has perpetrated this. I have a right upon
him! Will he not stand up?”So the blind man stood up and walked
between the people, trembling, till he sat in front of the Prophet ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ‬
‫ . ﻭﺳﻠﻢ‬He said, “O Messenger of Allāh- I am her husband, and she used
to curse you and revile you; and I forbid her, but she continued, I

72 As for their children- it is with the Shart (stipulation) that they have ‘Aql –
the capability to understand what they say and do.
73 At-Tawbah: 12
74 Refer to “Tafsīr Al-Qur’ān Al-‘Athīm” (2/352).
75 Ibn Taymiyyah (ra) in “As-Sārim Al-Maslūl” explains that this woman was a

Jew Thimmiyyah.

33


restrained her, but she did not cease. So I took my dagger and put it in
her stomach till I had killed her.” So the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬replied,
“Nay, all of you (should) testify that her blood was worthless.” 76

Shaykh Al-Islām Ibn Taymiyyah (ra) explained this incident, and said,
“And this Hadīth is a text which proves the permissibility of killing her
due to her revilement of the Prophet ‫ ; ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬and this also is an
evidence for killing a Thimmī.” 77

He also narrated, “When ‘Umayr Ibn ‘Adiyy Al-Khatamī (ra) heard the
revilement of ‘Asmā Bint Marwān [Al-Yahūdiyyah], he said, “O Allāh!
You have an oath from me! If you return the Messenger of Allāh back to
Al-Madīnah, then I will indeed kill her!” And the Messenger ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ‬
‫ ﻭﺳﻠﻢ‬was at Badr at that time.
So when the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬returned, ‘Umayr went to her in the
middle of the night, and entered into her home while some of her
children were sleeping around her- and one was being breast-fed. So he
removed the infant who was being breast-fed with his hands, and
placed a sword into her chest till it came out of her back. He then left,
and prayed the Dawn Prayer with the Prophet ‫ . ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬So after the
Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬finished, he looked at ‘Umayr and asked, “Did you
kill Bint Marwān?” So he answered, “Yes, may my father be sacrificed
for you O Messenger of Allāh!” And ‘Umayr was afraid that he had
transgressed against the Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬by murdering her, so he
said, “Do I have to pay anything for killing her, O Messenger of Allāh?”
So the Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬replied, “Not even two goats would fight
over her!” As soon as ‘Umayr heard these words from the Messenger, he
said, “So please tell this to those around you.”
So the Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬said, “If any of you wish to look at a man
who helped Allāh and His Messenger, without being seen- Then look at
‘Umayr Ibn ‘Adiyy.” ‘Umar Ibn Al-Khattāb (ra) said, “Look at this blind

76 Refer to “Sahīh Abī Dāwūd” (3665), and “Sunan An-Nasā’ī”.
77 Refer to “As-Sārim Al-Maslūl ‘Alā Shātim Ar-Rasūl” (62).

34


man who obeyed Allāh in secrecy!” So the Messenger of Allāh ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ‬
‫ ﻭﺳﻠﻢ‬said, “Do not call him blind, indeed he is a person with sight!.”
So after ‘Umayr (ra) returned, he found her sons burying her; so when
they saw him, they came to him and asked, “O ‘Umayr! Are you the
one who killed her?”
So he replied by saying, “Yes! So plot against me, all of you, and give me no
respite! 78 For I swear by Him in Whose Hand lays my life! If all of you
were to say what she had said- then I would strike you all with my
sword till either I had been killed, or till all of you were killed!” 79

9) When they are the leaders of their people, it is permissible to kill
them, even if they are women and children, queens or princes, or
sorceress/witch.

Allāh (Most High) says:

‫ﻓ ﹶﺎﺘﹸﻭﺍ ﺃ ِﻤﺔ ﺍﻟﻜﻔﺭ‬
‫ﹶﻘ ِﻠ ﹾ َﺌ ﱠ ﹶ ﹾ ﹸ ﹾ ﹺ‬
“Fight (you) the leaders of kufr.” 80

Imām Al-Mubārakfūrī (ra) said, “[Quoting Ibn Al-Humām] ‘And the
queen is to be killed even if she does not fight, and likewise the child
king [As-Sabiyy Al-Malik], and also the insane king. And this is because
killing them breaks the determination of the enemies, as is mentioned

78 Hūd: 55
79 Refer to “As-Sārim Al-Maslūl ‘Alā Shātim Ar-Rasūl” (95-98). Ibn Taymiyyah
(ra) then mentions that her sons were both young (sighār) and old (kibār). So
this means that if the young were to also curse the Prophet ‫- ﺻﻠﻰ اﷲ ﻋﻠﻴﻪ وﺳﻠﻢ‬
then they should also be killed. And Al-Khattābī (ra) mentioned regarding
Ibn As-Sayyād Al-Yahūdī- that it was not his youth which prevented the
Prophet ‫ ﺻﻠﻰ اﷲ ﻋﻠﻴﻪ وﺳﻠﻢ‬from permitting ‘Umar (ra) to kill him- but it was the
fact that he was under a covenant. And this is supported by the narration of
the Hadīth in Sharh As-Sunnah, “If he is him [i.e. Dajjāl], then you are not his
killer- only ‘Īsā Ibn Maryam is his killer. And if he is not, then it is not permissible
for you to kill a person from the People of Covenant.”
80 At-Tawbah: 12

35


in “Al-Mirqāt Al-Masābīh” [of Al-Mullā ‘Alī Al-Qārī].’ I say: Some of Ibn
Al-Humām’s words have wisdom in them- so ponder upon this.” 81

Ibn ‘Ābidīn (ra) said, “And the female ruler should be killed even if she
does not fight, and the same ruling is for the child king. And this is
because killing their ruler will deteriorate their valor.” 82

10) When the kuffār break their covenant, the Imām can choose to kill
them all, including their women and children, or to save part of
them.

Imām An-Nawawī (ra) said in the chapter entitled, “Chapter: The
Permissibility of Fighting Those Who Betray Their Covenant- and to
Appoint a Just Ruler to Give the Verdict [i.e. fate] upon the [betraying]
Town’s People.” 83

“And this is what happened to Banū Quraythah. The Messenger ‫ﺻﻠﻰ ﺍﷲ‬
‫ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬told Sa’d Ibn Mu’āth (ra), “Give your judgment upon them [i.e.
Banū Quraythah], O Sa’d!” Sa’d replied, “Allāh and His Messenger are
more worthy of judging.” So the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬said, “Indeed
Allāh has ordered you to judge upon them!” 84 And Sa’d (ra) gave the
judgment for their men to be killed, and their properties/wealth,
women, and children to be distributed amongst the Muslims.” 85

Ibn Hajar (ra) said, “And the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬killed some of the
kuffār on the Day of Badr, and ransomed others, and released others;
and similarly he killed (every male from) Banū Quraythah; and
released Banū Al-Mustaliq; and he killed Ibn Khatal and others at
Makkah, and released the rest; and he enslaved Hawāzin; and he

81 Refer to “Tuhfat Al-Ahwathī”, in the “Kitāb As-Siyar”.
82 Refer to “Hāshiyat Ibn ‘Ābidīn” (3/225).
83 Refer to “Al-Minhāj Sharh Sahīh Muslim Ibn Al-Hajjāj” (12/92).
85 Refer to “Fat’h Al-Bārī” (7/329, 411-414), and “Al-Minhāj Sharh Sahīh Muslim

Ibn Al-Hajjāj” (12/92-93).

36


released Thumāmah Ibn Uthāl. So all these prove that the saying of the
majority of the scholars is most correct- that the judgment is up to the
Imām.” 86

And Al-Mubārakfūrī (ra) said, “And in this incident (of Sa’d Ibn Mu’āth
and Banū Quraythah) there is evidence that it is permissible to let the
enemies choose a man from amongst the Muslims to give a verdict
upon them which would be binding- whether the verdict be death or
enslavement.” 87

Ibn Hazm (ra) said, commenting on the Hadīth: “It came on the Day of
Quraythah that whoever attained the age of puberty, was executed.”
Ibn Hazm said, “This was general from the Messenger of Allāh that he
did not leave (alive) from them, a tyrant, or a farmer or a tradesman or
an old man and this is an authentic Ijmā’ from him.” 88

Imām Az-Zayla’ī (ra) said, “So if it is permissible to kill the children of
the mushrikīn for the benefit [Maslahah] of the Muslims- then killing
their elders is even more worthy of being permissible, if there is a
benefit in doing so- such as if they were kings. But if there is no benefit,
then they shouldn’t be killed unless they fight- in which case they
should be killed to repel (their harm).” 89

87 Refer to “Tuhfat Al-Ahwathī”, in “Kitāb As-Siyar”.
88 Refer to “Al-Muhallā” (7/299).
89 Refer to “Tabyīn Al-Haqā’iq”, in “Kitāb As-Siyar”. So what is obvious is that

the reason why the children and women of Banū Quraythah were spared,
was because there was a benefit [Maslahah] in keeping them alive- meaning
enslavement. And killing them would have meant destroying valuable
property. But as Az-Zayla’ī (ra) clarifies- that if there is indeed a benefit in
killing the women and children of the kuffār- a benefit which would have to
be greater than the benefit of enslaving them- then it is permissible to kill
them.

37


11) When kuffār target the women, children, and the elderly of the
Muslims- then it is permissible in this situation to do the same
thing to the women, children and elderly of the kuffār.

As Allāh (Most High) has said:

‫ﻓ َ ﹺ ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ ﹶﺎﻋﺘ ُﻭﺍ َﻠﻴﻪ ﺒﻤﺜل َﺎ ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ َﺍﺘ ﹸﻭﺍ ﺍﻟﻠﻪ َﺍﻋﻠ ُﻭﺍ ﺃﻥ ﺍﻟﻠﻪ ﻤﻊ ﺍﻟﻤﺘ ِﻴﻥ‬
َ ‫ﹶﻤﻥ ْ ﹶﺩ َ ﹶ ْ ﹸ ْ ﻓ ْ ﹶﺩ ﹾ ﻋ ﹶ ْ ِ ﹺ ِ ﹾ ِ ﻤ ْ ﹶﺩ َ ﹶ ْ ﹸ ْ ﻭ ﱠﻘ ﹾ ﹼ َ ﻭ ْ ﹶﻤ ﹾ َ ﱠ ﹼ َ َ َ ﹾ ُ ﱠﻘ‬
“Then whoever transgresses the prohibition against you, you
transgress likewise against him. And fear Allāh, and know that Allāh
is with the pious.” 90

‫ﻭﺍﻟ ِﻴﻥ ﺇ ﹶﺍ ﺃ َﺎﺒﻬﻡ ﺍﻟﺒﻐﻲ ﻫﻡ َﻨﺘﺼ ُﻭﻥ ﻭﺠ َﺍﺀ َﻴﺌ ٍ ﺴﻴﺌﺔ ﻤﺜﻠ َﺎ ﻓﻤﻥ ﻋ ﹶﺎ َﺃﺼﻠ َ ﻓﺄﺠﺭﻩ ﻋﹶﻰ ﺍﻟﻠﻪ ﺇ ﱠﻪ ﹶﺎ‬
‫َ ﱠﺫ َ ِﺫ َﺼ َ ُ ُ ﹾ َ ﹾ ُ ُ ْ ﻴ ﹶ ِﺭ َ َ َﺯ ﺴ ﱢ َﺔ َ ﱢ َ ﹲ ﱢ ﹾﹸﻬ ﹶ َ ْ َﻔ ﻭَ ْ ﹶﺢ ﹶ َ ْ ُ ُ َﻠ ﱠ ِ ِﻨ ُ ﻟ‬
‫ﻴﺤ ﱡ ﺍﻟ ﱠﺎﻟ ِﻴﻥ َﻟ َ ﹺ ﺍﻨﺘ َ َ ﺒﻌﺩ ﻅﻠﻤﻪ ﻓﺄﻭﻟ ِ َ َﺎ ﻋﻠﻴ ﹺﻡ ﱢﻥ ﺴ ﹺﻴل ﺇﻨ َﺎ ﺍﻟﺴ ﹺﻴل ﻋ ﹶﻰ ﺍﻟ ِﻴﻥ ﻴﻅﻠ ُﻭﻥ ﺍﻟ ﱠﺎﺱ‬
َ ‫ُ ِﺏ ﻅ ِﻤ َ ﻭ ﹶﻤﻥ ﹶﺼﺭ َ ْ َ ﹸ ﹾ ِ ِ ﹶُ ْ ﹶﺌﻙ ﻤ َ ﹶ ْﻬ ﻤ َﺒ ٍ ِ ﱠﻤ ﱠﺒ ُ َﻠ ﱠﺫ َ َ ﹾ ِﻤ َ ﻨ‬
‫ﻭﻴﺒ ﹸﻭﻥ ِﻲ ﺍﻟﺄﺭﺽ ﹺﻐﻴ ﹺ ﺍﻟﺤﻕ ﺃﻭﻟ ِ َ ﻟ ُﻡ ﻋ ﹶﺍﺏ ﺃ ِﻴﻡ ﻭﻟ َﻥ ﺼﺒﺭ َﻏﻔ َ ﺇﻥ ﺫ ِ َ ﻟﻤﻥ ﻋﺯﻡ ﺍﻟﺄ ُﻭﺭ‬
‫َ َ ْﻐ َ ﻓ ﹾ َ ْ ﹺ ﺒ ﹶ ْﺭ ﹾ َ ﱢ ُ ْ ﹶﺌﻙ ﹶﻬ َﺫ ٌ َﻟ ٌ َ ﹶﻤ َ َ َ ﻭ ﹶ ﹶﺭ ِ ﱠ ﹶﻟﻙ ﹶ ِ ْ َ ْ ﹺ ﹾُﻤ ﹺ‬
“And those who, when an oppressive wrong is done to them, they
take revenge. The recompense for an evil is an evil like thereof, but
whoever forgives and makes reconciliation, his reward is due from
Allāh. Verily, He likes not the wrong-doers. And indeed whosoever
takes revenge after he has suffered wrong, for such there is no way
(of blame) against them. The way (of blame) is only against those
who oppress men and wrongly rebel in the earth, for such there will
be a painful torment. And verily, whosoever shows patience and
forgives that would truly be from the things recommended by Allāh.”
91

‫ﻭﺇﻥ َﺎﻗﺒﺘﻡ ﻓ َﺎﻗ ُﻭﺍ ﺒﻤﺜل َﺎ ُﻭﻗﺒ ﹸﻡ ﺒﻪ ﻭﻟ ِﻥ ﺼﺒﺭﺘﻡ ﻟﻬ َ ﺨﻴﺭ ﱢﻠ ﱠﺎ ﹺﺭﻴﻥ‬
َ ‫َِ ْ ﻋ ﹶ ْ ﹸ ْ ﹶﻌ ِﺒ ﹾ ﹺ ِ ﹾ ِ ﻤ ﻋ ِ ْﺘ ﹺ ِ َ ﹶﺌ َ َ ْ ﹸ ْ ﹶ ُﻭ ﹶ ْ ٌ ﻟ ﺼ ﺒ‬
“And if you punish (your enemy, O you believers in the Oneness of
Allāh), then punish them with the like of that with which you were
afflicted. But if you endure patiently, verily, it is better for the patient
ones.” 92

90 Al-Baqarah: 194
91 Ash-Shūrā: 39-43
92 An-Nahl: 126

38


And the statements of the scholars will be brought in the remainder of
this book, along with further evidence and clarification.

Conclusion:

These are some of the situations which are exceptions to the general
prohibition against killing women and children of the kuffār; amongst
these situations, it is permissible to sometimes kill them intentionally,
and also unintentionally- as long as there is a Maslahah [benefit (in this
case, greater than the benefit of enslaving them)] for the Muslims and
Mujāhidīn in doing so.
So all these prove that the protection [‘Ismah] of their blood is not
unrestricted- unlike the prohibition of fornication and sodomy and the
likes, which are unrestrictedly forbidden. Rather- the Sharī’ah of Islām
has made the blood of their women and children permissible in these
exceptions. So this reveals the mistake of the people who claim that
their protection [‘Ismah] is unrestricted and absolute under all
circumstances.

39


Chapter Four:
The Salaf’s Understanding of the Rule of Equal
Retaliation

And it is not a strange matter that it is permissible to do something by
Qisās, which would otherwise be forbidden in normal situations.

‫َﺍﻟﺤﺭ َﺎﺕ ﻗ َﺎﺹ ﻓﻤﻥ ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ ﹶﺎﻋﺘ ُﻭﺍ َﻠﻴ ِ ﺒﻤﺜل َﺎ ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ‬
ْ ‫ﻭ ﹾ ُ ُﻤ ﹸ ِﺼ ٌ ﹶ َ ْ ْ ﹶﺩ َ ﹶ ْ ﹸ ْ ﻓ ْ ﹶﺩ ﻋ ﹶ ْﻪ ﹺ ِ ﹾ ِ ﻤ ْ ﹶﺩ َ ﹶ ْ ﹸ‬
“And for the prohibited things, there is the Law of Equality (Qisās).
Then whoever transgresses the prohibition against you, you
transgress likewise against him.” 93

Imām At-Tabarī (ra) said while explaining this Verse, “This means (that
Allāh is saying)… Because I have made the forbidden things a matter of
Qisās- So whichever mushrikīn makes permissible- O Mu’minīn- the
sanctity of My Sanctuary [Al-Masjid Al-Harām], then you too make it
permissible (Istihlāl) similarly.”

And we will briefly mention a few of the statements of the ‘Ulamā’ of
the Salaf regarding forbidden things- which become permissible in the
condition of Qisās.

1) The Prohibition of Fighting in the Sacred Months

‫ﺍﻟ ﱠﻬﺭ ﺍﻟﺤ َﺍﻡ ﹺﺎﻟﺸﻬﺭ ﺍﻟﺤ َﺍﻡ َﺍﻟﺤﺭ َﺎﺕ ﻗ َﺎﺹ ﻓﻤﻥ ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ ﹶﺎﻋﺘ ُﻭﺍ َﻠﻴ ِ ﺒﻤﺜل َﺎ ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ‬
ْ ‫ﺸ ْ ُ ﹾ َﺭ ُ ﺒ ﱠ ْ ﹺ ﹾ َﺭ ﹺ ﻭ ﹾ ُ ُﻤ ﹸ ِﺼ ٌ ﹶ َ ْ ْ ﹶﺩ َ ﹶ ْ ﹸ ْ ﻓ ْ ﹶﺩ ﻋ ﹶ ْﻪ ﹺ ِ ﹾ ِ ﻤ ْ ﹶﺩ َ ﹶ ْ ﹸ‬
‫َﺍﺘ ﹸﻭﺍ ﺍﻟﻠﻪ َﺍﻋﻠ ُﻭﺍ ﺃﻥ ﺍﻟﻠﻪ ﻤﻊ ﺍﻟﻤﺘ ِﻴﻥ‬
َ ‫ﻭ ﱠﻘ ﱠ َ ﻭ ْ ﹶﻤ َ ﱠ ﱠ َ َ َ ﹾ ُ ﱠﻘ‬
“The sacred month is for the sacred month, and for the prohibited
things, there is the Law of Equality (Qisās). Then whoever
transgresses the prohibition against you, you transgress likewise
against him. And fear Allāh, and know that Allāh is with the pious.”
94

93 Al-Baqarah: 194
94 Al-Baqarah: 194

40


Imām Al-Qurtubī (ra) mentioned in his Tafsīr in the explanation of this
Verse, “And it is narrated from Al-Hasan that the mushrikīn asked the
Prophet ‫“ , ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬Are you prohibited from fighting in the Sacred
Months?” So the Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬replied, “Yes.” So the mushrikīn
planned to fight against him in those months- So Allāh revealed this
Verse.

And the meaning of this is that- If they permit for themselves (fighting
in the Sacred Months) - then you too fight against them in it.”

2) The Prohibition of Fighting in Al-Masjid al-Harām

Allāh says regarding Al-Masjid al-Harām,

‫ﻭﻤﻥ َﺨﻠﻪ ﹶﺎﻥ ﺁﻤ ﹰﺎ‬
‫َ َ ْ ﺩ ﹶ ﹶ ُ ﻜ َ ِﻨ‬
“Whosoever enters it, he attains security.” 95

And He said:

َ ‫َﻻ ﺘ ﹶﺎﺘﹸﻭﻫﻡ ِﻨﺩ ﺍﻟﻤﺴﺠﺩ ﺍﻟﺤ َﺍﻡ ﺤ ﱠﻰ ﻴ ﹶﺎﺘﹸﻭﻜﻡ ِﻴﻪ ﻓ ِﻥ ﹶﺎﺘﹸﻭﻜﻡ ﹶﺎﻗﺘﹸﻭﻫﻡ ﻜﺫ ِ َ ﺠ َﺍﺀ ﺍﻟ ﹶﺎﻓ ﹺﻴ‬
‫ﻭ ﹶ ﹸﻘ ِﻠ ُ ْ ﻋ َ ﹾ َ ْ ﹺ ِ ﹾ َﺭ ﹺ َﺘ ُﻘ ِﻠ ﹸ ْ ﻓ ِ ﹶﺈ ﻗ ﹶﻠ ﹸ ْ ﻓ ﹾ ﹸﻠ ُ ْ ﹶ ﹶﻟﻙ َﺯ ﹾﻜ ِﺭ ﻥ‬
And fight not with them at Al-Masjid Al-Harām (the sanctuary at
Makkah), unless they (first) fight you there. But if they attack you,
then kill them. Such is the recompense of the disbelievers” 96

Al-Hāfith Ibn Kathīr (ra) says in his Tafsīr of the above Verse, “Do not
initiate fighting against the kuffār in Al-Masjid Al-Harām- unless they
fight against you- then you have the right to fight against them.” 97

3) The Prohibition Against Mutilation

95 Āl ‘Imrān: 97
96 Al-Baqarah: 191
97 And Shaykh ‘Abdul-‘Azīz Al-Jarbū’ (fa) said, “Allāh has prohibited us from

fighting them in Al-Masjid Al-Harām with a general forbiddance- and it is
restricted by the situation in which they start to fight us in there.”

41


Ibn Taymiyyah (ra) said, “As for mutilation, then it is forbidden, except
if it is done for Equal Retaliation. And as ‘Imrān ÷bn Husayn narrated,
“The Messenger ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ‬never gave us a speech, except that he
had also ordered us with honesty, and prohibited us from mutilation.”
And even the kuffār, when we fight against them- we cannot mutilate
them, nor cut off their ears, nor disembowel them – unless they do that
to us, then we can do to them as they did to us.” 98

And it is regarding mutilation that Allāh revealed 99,

‫ﻭﺇﻥ َﺎﻗﺒﺘﻡ ﻓ َﺎﻗ ُﻭﺍ ﺒﻤﺜل َﺎ ُﻭﻗﺒ ﹸﻡ ﺒﻪ‬
ِ ‫َِ ْ ﻋ ﹶ ْ ﹸ ْ ﹶﻌ ِﺒ ﹾ ﹺ ِ ﹾ ِ ﻤ ﻋ ِ ْﺘ ﹺ‬
afflicted.” 100

4) The Prohibition of Punishing With Fire

From Aboo Hurayrah RAA that the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬said, “And
verily, no one punishes with fire except Allāh.” 101

Al-Bukhārī mentions the following Hadīth under the chapter he
entitled, “If a mushrik burns a Muslim- Can he be burned?”

And Anas Ibn Mālik (ra) narrated, “Some people of the tribe of 'Ukl and
'Uraynah arrived at Madīnah to meet the Prophet and embraced Islām
and said, "O Prophet of Allāh! We are the owners of milch livestock (i.e.
bedouins) and not farmers (i.e. countrymen)." They found the climate of
Al-Madīnah unsuitable for them. So the Messenger ordered that they
should be provided with some milch camels and a shepherd and
ordered them to go out of Al-Madīnah and to drink the camels' milk

98 Refer to “Majmū’ Al-Fatāwā” (28/314).
99 Refer to “Tafsīr Al-Qur’ān Al-‘Athīm” (2/653) and Al-Qurtubī (10/132).
100 An-Nahl: 126
101 Refer to “Fat’h Al-Bārī” (6/149-150).

42


and urine (as medicine) So they set out and when they reached Al-
Harrah, they apostatized after embracing Islām, and killed the shepherd
of the Prophet and drove away (with) [i.e. stole] the camels. When this
news reached the Prophet, he sent some people in pursuit of them. (So
they were caught and brought back to the Prophet). The Prophet gave
his orders in their concern. So their eyes were branded with pieces of iron
and their hands and legs were cut off and they were left away in Al-
Harrah till they died in that state of theirs.” 102

Al-Bājī (ra) commented regarding this incident, “They [the apostates]
had done the same thing to the shepherds. So in this situation, it is
permissible to mutilate [with fire] the one who mutilated the Muslim
[with fire] - in accordance with the rule of Qisās.” 103

102 Refer to “Sahīh Al-Bukhārī” (2/546, # 1430) and “Sahīh Muslim” (3/1296, #
1671).
103 Refer to “Al-Muntaqā Sharh Al-Muwatta’” (3/172). It should be mentioned

that some of the Salaf disliked the use of fire completely, as Ibn Hajar (ra)
said, “And the Salaf disagreed with regards to burning- ‘Umar and Ibn
‘Abbās and others disliked it, whether it be for their apostasy, or war (against
Allāh), or even Qisās. And it was held permissible by ‘Alī and Khālid Ibn al-
Walīd and others.” [Fat’h Al-Bārī 6/150]. And Ash-Shawkānī said, “And
indeed Abū Bakr (ra) burned people with fire in the presence of the
Companions; and Khālid Ibn Al-Walīd burned people from amongst the
apostates, and so did ‘Alī.” [Nayl Al-Awtār 7/250]. And Ibn Taymiyyah said,
“It is narrated with good chains of narration from him (‘Alī) that he torched
the heretics.” [Majmū’ Al-Fatāwā 8/474]. And it might be argued that ‘Alī,
Abū Bakr, and Khālid were not aware of the Hadīth prohibiting the use of fire
as punishment- but this is a futile argument. Because it is narrated that Ibn
‘Abbās (ra) said about ‘Alī (ra) burning the apostates, “If it was up to me, I
would not have torched them due to the prohibition of the Prophet ‫ﺻﻠﻰ اﷲ ﻋﻠﻴﻪ‬
‫“ , وﺳﻠﻢ‬None should punish with fire, because it is Allāh Who punishes with fire.” But
instead I would have just killed them.” [Refer to “Saheeh Al-Bukhārī” 6/2537].
And when this criticism from Ibn ‘Abbās (ra) reached ‘Alī (ra), he did not
accept his understanding of the Hadīth (i.e. that it is prohibited under all
circumstances) - and remained upon the validity of his actions of torching the
apostates, and said regarding the statement of Ibn ‘Abbās (ra), “"Woe to Ibn
'Abbās!” [Refer to Ad-Dāraqutnī 3/108, “Musnad Ahmad” 1/282, “Musannaf

43


5) The Prohibition of Destroying Crops and Trees

Regarding this Allāh says,

‫ﻭﺇ ﹶﺍ ﺘﻭﱠﻰ ﺴ َﻰ ِﻲ ﺍﻷﺭ ﹺ ﻟﻴﻔﺴﺩ ِﻴ َﺎ ﻭﻴﻬﻠﻙ ﺍﻟﺤﺭﺙ َﺍﻟﻨﺴل َﺍﻟﻠﻪ ﻻ ﻴﺤ ﱡ ﺍﻟﻔ َﺎﺩ‬
َ ‫َِﺫ ﹶ َﻟ َﻌ ﻓ َ ْﺽ ِ ُ ﹾ ِ َ ﻓ ﻬ َ ُ ْ ِ َ ﹾ َ ْ ﹶ ﻭ ﱠ ْ َ ﻭ ﱠ ُ ُ ِﺏ ﹾ ﹶﺴ‬
“And when he turns away (from you O Muhammad), his effort in the
land is to make mischief therein and to destroy the crops and the
cattle, and Allāh likes not mischief.” 104

And Abū Bakr (ra) said to his armies, “Do not cut down a tree, do not
devastate (land), nor destroy a crop.” 105

Ibn Qudāmah (ra) said, “And the trees of the kuffār should not be cut
down, and their crops should not be burned- unless they do that in our
lands- then it should be done to theirs, so that they cease (from doing it
again)… And basically, trees and crops are divided into three
categories:

a) That which is necessary to destroy – such as those which are
close to their fortresses, and is an obstruction in fighting against
the enemies, or impairs the Muslims (from attacking them), or
there is a need to cut it to expand the road, or to help the battle,
or to repair the road, or to hide a catapult- or other things (like
these); or if the kuffār destroy ours, then the same can be done to
theirs- for them to stop doing such; and this is permissible
without any disagreement that we know of.
b) That which will harm the Muslims if it is cut down (or
destroyed)- due the Muslims benefiting from it remaining, taking

‘Abdur-Razzāq” 5/213]. And it has been recorded by ‘Abdur-Razzāq that,
“When Khālid torched the apostates, ‘Umar (ra) told Abū Bakr (ra), “Will you
allow him to punish with the Punishment of Allāh?” So Abū Bakr (ra) replied, “I
will not cover a sword which Allāh has unleashed upon the kuffār.”
104 Al-Baqarah: 205
105 Refer to “Al-Mughnī” (9/289), “Al-Mabsūt” (10/31), and “Al-Muhallā”

(7/294).

44


its shade, and eating from its fruits and vegetation- in which it is
a norm, and it does not cause hostility between the kuffār and the
Muslims. So if we were to cut down and destroy their trees, they
might destroy ours- so this is prohibited due to its harmful affects
upon the Muslims.
c) Anything which is other than these two categories- that which
neither benefits the Muslims, nor harms them- except that it
enrages and harms the kuffār. Then regarding this, there are two
opinions:
i) It is not permissible due to the Hadīth of Abū Bakr (ra),
and similar has been narrated as Marfū’ to the Prophet
‫ . ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬And also because it is useless destruction,
so it is not permissible, just like killing animals [is not
permissible without reason]. And this is the opinion of
Al-Awzā’ī and Al-Layth and Abū Thawr.
ii) It is permissible, and this is the opinion of Mālik, Ash-
Shāfi’ī, Is’hāq, and Ibn Al-Munthir.”

End of quote from Ibn Qudāmah Al-Maqdisī (ra). 106

So these are just a few of the situations regarding which the Salaf have
stated that a general prohibition is removed in situations of Qisās. And
some of the Salaf even went to the extent of declaring things which are
kufr to be permissible- such as Sihr [magic].

Under the Tafsīr of the following Verse,

‫ﺇﻥ ﺍﻟﻠﻪ ﻴﺄﻤﺭ ﹺﺎﻟﻌﺩل َﺍﻹﺤ َﺎﻥ ﻭِﻴ ﹶﺎﺀ ِﻱ ﺍﻟﻘﺭ َﻰ ﻭﻴﻨ َﻰ ﻋﻥ ﺍﻟﻔﺤ ﹶﺎﺀ َﺍﻟ ُﻨﻜ ﹺ َﺍﻟﺒﻐﻲ ﻴﻌﻅﻜﻡ ﻟﻌﻠﻜﻡ ﺘﺫﻜ ُﻭﻥ‬
َ ‫ِ ﱠ ﱠ َ َ ْ ُ ُ ﺒ ﹾ َ ْ ِ ﻭ ِ ْﺴ ﹺ َﺇ ﺘ ِ ﺫ ﹾ ﹸ ْﺒ َ َ ﹾﻬ َ ْ ﹾ ﹶ ْﺸ ِ ﻭ ﹾﻤ ﹶﺭ ﻭ ﹾ َ ﹾ ﹺ َ ِ ﹸ ﹸ ْ ﹶ َﱠ ﹸ ْ ﹶ ﹶ ﱠﺭ‬
“Verily, Allāh enjoins Al-‘Adl (justice) and Al-Ihsān (goodness), and
giving (help) to kith and kin: and forbids Al-Fahshā' (all filthy
deeds), and Al-Munkar (evil deeds), and Al-Baghy (all kinds of
oppression), He admonishes you, that you may take heed.” 107

107 Al-Nahl: 90

45


Imām Al-Qurtubī (ra) said, “And that is how the Prophet ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬
dealt with the Jew who put magic on him- even though the Prophet ‫ﺻﻠﻰ‬
‫ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬had the right to take Equal Revenge against him, due to the
Statement of Allāh,

afflicted.” 108

But he preferred to forgive and pardon, by taking the Statement of
Allāh,

‫ﻭﻟ َﻥ ﺼﺒﺭ َﻏﻔ َ ﺇﻥ ﺫ ِ َ ﻟﻤﻥ ﻋﺯﻡ ﺍﻟﺄ ُﻭﺭ‬
‫َ ﹶﻤ َ َ َ ﻭ ﹶ ﹶﺭ ِ ﱠ ﹶﻟﻙ ﹶ ِ ْ َ ْ ﹺ ﹾُﻤ ﹺ‬
And verily, whosoever shows patience and forgives that would truly
be from the things recommended by Allāh.” 109

End of quote from Imām Al-Qurtubī (ra).

Although this is obviously incorrect- due to the fact that kufr is not
permissible except in the condition of Ikrāh (forced coercion) - but
despite this fact, this demonstrates how the Salaf had understood these
Verses of Qisās. And indeed- unlike magic- the killing of women and
children is far from kufr- and it is permissible in many situations- so
how can it be argued that the Verses of Qisās cannot be applied to the
women and children of the kuffār- even though the kuffār kill our
women and children? And the majority of the Salaf are agreed upon -
Imām Ash-Shawkānī may Allāh be merciful to him said, “And the
Verses of Allāh:
‫ﻭﺠ َﺍﺀ َﻴﺌ ٍ ﺴﻴﺌﺔ ﻤﺜﻠ َﺎ‬
‫َ َﺯ ﺴ ﱢ َﺔ َ ﱢ َ ﹲ ﱢ ﹾﹸﻬ‬
“The recompense for an evil is an evil like thereof.” 110

108 An-Nahl: 126
109 Ash-Shūrā: 39-43
110 Ash-Shūrā: 40

46


afflicted.” 111

‫ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ ﹶﺎﻋﺘ ُﻭﺍ َﻠﻴ ِ ﺒﻤﺜل َﺎ ﺍﻋﺘ َﻯ ﻋﻠﻴﻜﻡ‬
ْ ‫ْ ﹶﺩ َ ﹶ ْ ﹸ ْ ﻓ ْ ﹶ ﺩ ﹾ ﻋ ﹶ ْ ﻪ ﹺ ِ ﹾ ِ ﻤ ْ ﹶﺩ َ ﹶ ْ ﹸ‬
“Then whoever transgresses the prohibition against you, you
transgress likewise against him.” 112

Essentially, the decisive evidences which generally prohibit the wealth,
blood, and honor of a human are restricted by these three Verses.” 113

And just as Imām An-Nawawī (ra) explained the Hadīth of As-Sa’b,
saying, “And this means that the Prophet ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬was asked
regarding the ruling of the women and children of the mushrikīn whom
they are raiding, and their women and children are killed (in the
process)- so he ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬clarified by saying, “They are from them”:
meaning, there is no problem in killing them (in this situation), because
they have same rulings [Ahkām] of their fathers, with regards to
inheritance, marriage, Qisās, blood money, etc. And the intended
meaning is that they should not be targeted without any necessity.” 114

And in such a situation, in which the kuffār kill our women and children
on a regular basis, the amount of which cannot be counted- we can
certainly take this as a “necessity” -as the words of Ibn Qudāmah (ra)
regarding the crops, etc. have preceded, “Or if the kuffār destroy ours,
then the same can be done to theirs- for them to stop doing such.”

111 An-Nahl: 126
112 Al-Baqarah: 194
113 Refer to “Nayl Al-Awtār” (6/39)
114 Refer to “Al-Minhāj Sharh Sahīh Muslim Ibn Al-Hajjāj” (12/49-50).

47


Chapter Five:
The Verdicts of Contemporary Scholars
Regarding Killing Women and Children as Equal
Retaliation

The Verdict of Shaykh Al-Mujāhidīn
Yūsuf Al-‘Uyayrī

The following is taken from the book of Shaykh Yūsuf Al-‘Uyayrī, may
Allāh accept his martyrdom, “Haqīqat Al-Harb As-Salībiyyah Al-Jadīdah”:

And the most important argument that those who object against the
raids of Sept. 11, is that the act of destroying the World Trade Center,
the Pentagon, and the White House- this would entail killing a large
number of “innocent” victims from amongst women, children, and
those who are not hostile- amongst those whom the Sharī’ah has
prohibited their killing.

And the refutation of these doubts will be mentioned by going through
the specific situations which are exceptions to the general argument
they use…

Indeed we have seen the clear evidences which prohibit killing women,
children, the elderly, and those like them who have the same ruling; yet
the protection (‘Ismah) provided to these kuffār is not unrestricted.
Rather, there are situations in which it is permissible to kill them,
whether intentionally or unintentionally- and we shall mention these
situations with their explanations…

48

Targeting Non-Combatants in Islamic Law

Targeting Non-Combatants in Islamic Law

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