Topic: Prisoners Of War

4:130.

Important Words:

طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).

مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.

تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.

Commentary:

The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:

(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.

(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.

(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).

(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.

(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.

The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).

A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.

If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.

With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).

Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.

It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.

It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.

Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.

The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.

47:5.

4:95.

Important Words:

اسری (captives) is the plural of اسیر (a captive) which is derived from اسر. They say اسره i.e. he bound or tied him, or he made him a captive or took him a prisoner. اسیر means, one shackled or imprisoned; a captive (Lane).

یثخن (he engages in a regular fighting) is derived from ثخن (thakhuna) or ثخن (thakhana) which means, it was thick or coarse or hard. اثخنه means, he rendered it thick; or he rendered him heavy or languid or enervated; or he overcame him and inflicted many wounds on him. اثخن فی العدو means, he made a great slaughter or a great wounding among the enemy. اثخن فی الارض means, he made much slaughter in the earth or the land; or he fought vehemently in the earth (Lane). The expression حتی یثخن فی الارض would thus mean, till he (the Prophet) has had a regular fighting in the land, inflicting wounds on the enemy.

Commentary:

It was a practice among pre-Islamic Arabs (and it is regrettable that the practice still continues in some parts of the world) to take men captives even if there was no war and no fighting, and then to make them slaves. The verse abolishes this evil custom and lays down in clear words that it is only in war and after regular fighting that enemy combatants can be taken prisoner and that it is not lawful to take any person captive when there is no war and there has been no fighting.

The verse has been very wrongly interpreted. It is said that when the Muslims took some men of the Meccan army captives at Badr, the Holy Prophet took counsel with his Companions as to what should be done with them. ‘Umar suggested that they should be put to death, while Abu Bakr proposed that they should be released after accepting ransom from them. The Holy

Prophet accepted the suggestion of Abu Bakr and the prisoners were released for ransom. But it is alleged that by revealing this verse, God expressed His disapproval of the Holy Prophet’s action, declaring that the captives ought to have been put to death and no ransom should have been taken for them. This interpretation, however, is obviously wrong; firstly, because God had so far sent down no commandment forbidding the release of prisoners for ransom, and, therefore, He could not reprove the Holy Prophet for accepting ransom; secondly, because the Holy Prophet had already accepted ransom for two persons taken captive at Nakhlah prior to the Battle of Badr, and God had not disapproved of this action of his; thirdly, because only two verses later God permits Muslims to eat of that which you have won in war as lawful and good (8:70). It is simply inconceivable that God should have reproved the Holy Prophet for having accepted ransom and then at the same time declared the money so taken to be lawful and good. This interpretation is, therefore, obviously wrong and the verse is only intended to lay down a general rule that captives should not be taken until there has been regular fighting and the enemy has been overpowered by the infliction of wounds.

Commentary:

In the previous verse it was said that Muslims should not be hasty in taking captives from among the enemy. The verse under comment hints that kindness should be shown to prisoners and that they should be treated with mercy. The verse says that it is only through the assistance of God, which He had ordained for Muslims, that they have gained an easy victory and obtained much booty, and that if it had not been for the help which God had promised them beforehand, they would not have obtained the booty without being severely handled by the enemy and suffering great loss at his hands. The words, a decree from Allah which had gone before, obviously refer to the Word of God which had already conveyed the promise of help to the Holy Prophet (see 8:6 above). The words "great distress" thus signify distress caused by the enemy and not affliction from God. The verse purports to say that when by the help of God the Muslims have gained so easy a victory, they should feel grateful for it and should show kindness to the prisoners who have fallen into their hands.

Important Words:

أیامٰی (widows) is the plural of أیم (ayyimun) which is derived from آم which means, he had no wife or he lost his wife by her death and he did not marry. They say آمت من زوجھا i.e. she became bereft of her husband by his death or by being slain and remained without marrying. آمت also means, she had no husband, said of a virgin and of one who is not a virgin. أیم(ayyimun) means, a woman having no husband, whether she be a virgin or not, or whether she had married before or not; a free woman, (Lane & Aqrab) also a man having no wife Mufradat).

Commentary:

As mentioned above, this Surah deals with some of those very heinous moral evils which if ignored and neglected are calculated to eat into the vitals of the society and shake its very foundations. One of these evils is adultery. In the preceding verses the Surah has dealt with some of the causes that lead to the birth, growth and prevalence of this fell moral disease. Two of these causes are scandal-mongering and free and indiscriminate intermingling of the sexes and the third is that some women—widows or virgins, come to conceive a strong dislike for leading a married life, or their guardians, in order to further their own nefarious ends, stand in the way of their marriage. In the verse under comment the Quran has strongly urged the marriage of widows and virgins, the word أیامی covers both of them. In fact, Islam views with extreme disfavour the unmarried state. It regards the married state as the normal state. The Holy Prophet is reported to have said: النکاح من سنتی و من رغب عن سنتی فلیس منی i.e. "marriage is my 'sunnat' (usage or practice) and whoso disapproves and forsakes my sunnat, is not of me" (Muslim, Kitabun-Nikah).

Preponderance of unmarried women in a society is sure to tell adversely on its whole moral tone. The refusal on the part of unmarried women to accept the responsibilities of married life has led to the prevalence of moral laxity to which the west seems to have fallen a helpless victim. The verse strongly discourages unmarried life and does not recognize poverty as a bar to marriage.

Important Words:

کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).

تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.

The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.

Commentary:

We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.

These injunctions were of two categories:

(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.

(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.

The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.

The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.

8:46, 68.

Important Words:

أثخنتموھم (you have overcome them). أثخن is transitive from ثخن (thakhuna or thakhana) which means, it was or became thick or coarse. أثخنه means, he rendered him heavy or languid or enervated; or he overcame him after inflicting many wounds on him. أثخن فی العدو means, he made a great slaughter among the enemy or inflicted heavy wounds upon him. أثخن فی الارض means, he caused much slaughter in the land; or he fought vehemently in the land (Lane & Aqrab).

انتصر منھم (He would have punished them) is derived from نصر. They say نصرہ اللّٰه علی عدوہ i.e. God helped, aided or assisted him against his enemy or made him victorious. انتصر means, he defended himself against his injurer. انتصر منه means, he exacted his right or due completely from him; he avenged himself upon him; he punished him (Lane & Aqrab).

Commentary:

The verse, in a nutshell, lays down some important rules about the ethics of war and its conduct and incidentally deals a death blow to slavery. Briefly these are: (a) When they are engaged in regular battle in the defence of their faith, honour, lives or property, the Muslims are enjoined to fight bravely and relentlessly, giving no quarter, and expecting none from the enemy; and not to flee from the field of battle under lame or weak excuses. They must either win or die. "He who turns his back to the enemy", says the Quran, "draws upon himself the wrath of Allah" (8:13-17). (b) When war is once started, it should continue till peace is established and freedom of conscience secured (8:40). (c) Prisoners are to be taken from the enemy, only after regular and pitched battle has been fought, and the enemy is decidedly and positively beaten. Thus regular war is declared to be the only reason for taking prisoners for no other cause free men are to be deprived of their liberty. (d) When war is over, prisoners should be released, either as an act of favour, or on taking ransom or by negotiating mutual exchange. They should not be held permanently in captivity or treated as slaves. The Holy Prophet carried this Divine commandment into actual practice by setting at liberty about a hundred families of Banu Mustaliq and several thousand prisoners of Hawazin after both these tribes had been decisively beaten in battle. It was after the Battle of Badr that ransom was accepted for the prisoners who were set free. This was perhaps, because Islam was then in a very weak state. But, on this occasion too, those of them who could not pay their ransom in money but were literate, were required to teach reading and writing to some of the Muslims. The verse thus has struck very effectively at the roots of slavery, abolishing it completely and forever. (Muir, Zurqani & Hisham).

The words "And if Allah had so pleased, he could have punished them Himself, but He has willed that He may try some of you by others," signify that God possessed the power to punish the enemies of Truth without the instrumentality of Muslims but He got the latter engaged in fighting with disbelievers so that on the one hand their own good qualities of character should have an opportunity to come into play and on the other the bad qualities of disbelievers should become exposed. Perhaps in no other aspect of life was the moral superiority of the Companions of the Holy Prophet so clearly demonstrated as in their treatment of their fallen foes.

The words "And those who are killed in the way of Allah—He will never render their works vain," mean that the sacrifice of Muslims slain in the field of battle would not be wasted. It was their sacrifice that firmly laid the foundation of a bright future for Islam.