"Ramanda, I noticed that in general the hostages held by HAMAS are treated well. Whether it aligns with Islamic teachings regarding captives or not, please tell me, how do Islamic teachings specifically address the treatment of hostages?" Bagong asked Semar. Semar replied, "Islamic teachings place a strong emphasis on the humane treatment of captives, including hostages, rooted in principles of mercy, justice, and compassion. While 'hostages' in a modern context may not align exactly with how captives were viewed historically in Islamic law, the general guidance is applicable.
The first principle is kindness and humane treatment. The Qur'an encourages treating captives with kindness, even in difficult circumstances.
وَيُطْعِمُوْنَ الطَّعَامَ عَلٰى حُبِّهٖ مِسْكِيْنًا وَّيَتِيْمًا وَّاَسِيْرًا اِنَّمَا نُطْعِمُكُمْ لِوَجْهِ اللّٰهِ لَا نُرِيْدُ مِنْكُمْ جَزَاۤءً وَّلَا شُكُوْرًا
'And they give food in spite of love for it [the meaning here may also be 'out of love for Him,' i.e., Allah Subḥānahu wa taʿālā)] to the needy, the orphan, and the captive, [Saying], "We feed you only for the face [i.e., approval] of Allah. We wish not from you reward or gratitude.' [QS. Al-Insan (76):8-9]
The surah encourages feeding and showing kindness to captives.
Also,
فَاِذَا لَقِيْتُمُ الَّذِيْنَ كَفَرُوْا فَضَرْبَ الرِّقَابِۗ حَتّٰٓى اِذَآ اَثْخَنْتُمُوْهُمْ فَشُدُّوا الْوَثَاقَۖ فَاِمَّا مَنًّاۢ بَعْدُ وَاِمَّا فِدَاۤءً حَتّٰى تَضَعَ الْحَرْبُ اَوْزَارَهَا ەۛ ذٰلِكَ ۛ وَلَوْ يَشَاۤءُ اللّٰهُ لَانْتَصَرَ مِنْهُمْ وَلٰكِنْ لِّيَبْلُوَا۟ بَعْضَكُمْ بِبَعْضٍۗ وَالَّذِيْنَ قُتِلُوْا فِيْ سَبِيْلِ اللّٰهِ فَلَنْ يُّضِلَّ اَعْمَالَهُمْ
'So when you meet those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure [their] bonds (i.e., take those remaining as captives), and either [confer] favour (i.e., release them without ransom) afterwards or ransom [them] until the war lays down its burdens (i.e., its armour, machinery, etc., meaning 'until the war is over'). That [is the command]. And if Allah had willed, He could have taken vengeance upon them [Himself], but [He ordered armed struggle] to test some of you by means of others. And those who are killed in the cause of Allāh - never will He waste their deeds.' [QS. Muhammad (47):4]
This surah commands either freeing captives or ransoming them after the end of hostilities. The phrase 'strike their necks' refers to defeating the enemy in direct combat by targeting a critical part of the body to ensure victory. The human neck contains critical structures, including nerves, blood vessels, and organs, where severe injury can lead to fatal consequences. The vagus nerve controls vital autonomic functions, such as heart rate, digestion, and respiratory rate. Severing the vagus nerve can disrupt these functions, leading to irregular heartbeat, difficulty breathing, and possibly death. Phrenic Nerve originates from the cervical spine and controls the diaphragm, the primary muscle involved in breathing. Injury to the phrenic nerve can paralyze the diaphragm, causing respiratory failure. The cervical Plexus network of nerves supplies sensation and motor control to parts of the neck, shoulders, and diaphragm. Severe damage can impair breathing (due to the involvement of the phrenic nerve) and sensation or movement in nearby areas.
The sympathetic chain of nerves regulates autonomic functions, including blood pressure and pupil dilation. Injuries can cause Horner's syndrome (ptosis, miosis, and anhidrosis) and vascular instability.
Carotid Arteries supply blood to the brain. Severing a carotid artery leads to massive blood loss and oxygen deprivation to the brain, causing death within minutes.
Jugular veins drain blood from the brain. Severing a jugular vein results in significant blood loss and potential air embolism, which can be fatal. Damage to the trachea can obstruct the airway, leading to suffocation. Injury to the oesophagus may not be immediately fatal but can cause severe complications if untreated.
The cervical spinal cord passes through the neck, controlling essential motor and sensory functions.
Severe damage, particularly to the upper cervical spinal cord, can cause paralysis or death by stopping respiratory function.
The neck is a highly vulnerable region of the human body because it houses numerous critical structures that support life. Injuries to specific nerves, blood vessels, or the spinal cord can result in fatal outcomes, often within minutes. If certain nerves in the neck are cut or severely damaged, death can occur quickly due to their role in controlling vital functions. The most critical nerves in the neck could hasten death if severed.
The instruction to 'strike their necks' reflects the standard military tactics of the time, as swords were the primary weapons used in battle. The instruction is specific to the battlefield and not applicable to non-combatants or captives. The goal is to subdue the enemy forces, leading to the cessation of hostilities. Once the enemy is subdued, the verse advises humane treatment, such as binding captives and offering options for their release (e.g., through ransom or an act of grace). The verse does not endorse unnecessary violence or prolonged suffering. It aligns with the overarching Islamic principles of minimizing harm during war.
Some scholars interpret it as a metaphor for overwhelming the enemy decisively in battle. The verse immediately transitions to the humane treatment of captives, offering options to release them as an act of mercy or ransom them. Imam Al-Qurtubie explains that this phrase refers to legitimate warfare and signifies the gravity of battle. After combat, it requires showing mercy to captives. Ibn Kathir notes that the verse sets limits on warfare and promotes ethical conduct by mandating that captives be treated humanely after hostilities. The phrase 'strike their necks' addresses combat during a lawful and just war, particularly when Muslims were defending themselves against aggression during the early battles in the Prophet’s (ﷺ) time. It emphasizes battlefield engagement with clarity and decisiveness. The phrase is not a general directive to harm non-Muslims but applies specifically to armed combatants in the heat of battle.
So, the phrase 'strike their necks' is a directive specific to lawful warfare against aggressors in a battlefield context. It is not a call for indiscriminate violence and must be understood within the broader Islamic principles of justice, ethics, and compassion. After combat, Islam mandates humane treatment of captives, emphasizing mercy and reconciliation. Islam forbids mutilation, torture, or unnecessary suffering of enemies, even during combat.
Islam recognizes the reality of warfare but establishes strict guidelines to ensure it is conducted ethically. The primary goal of war in Islam is not conquest or aggression but to establish justice, protect religious freedom, and defend against oppression. Muslims are commanded to engage in warfare only in self-defence or against oppression, and they are forbidden from initiating unjust aggression.
Islamic teachings emphasize compassion, fairness, and restraint even in warfare. The Prophet ﷺ established ethical guidelines: 'Do not kill non-combatants (e.g., women, children, elderly, or clergy); do not harm civilians, destroy crops, or damage infrastructure; treat captives humanely.'
Islam encourages peace and reconciliation whenever possible,
وَاِنْ جَنَحُوْا لِلسَّلْمِ فَاجْنَحْ لَهَا وَتَوَكَّلْ عَلَى اللّٰهِ ۗاِنَّهٗ هُوَ السَّمِيْعُ الْعَلِيْمُ
'And if they incline to peace, then incline to it [also] and rely upon Allāh. Indeed, it is He who is the Hearing, the Knowing.' [QS. Al-Anfal (61):8]
Even in warfare, Muslims are held accountable for their actions. Acts of treachery, mutilation, and unnecessary harm are strictly forbidden.
The second principle is the prohibition of torture or harm. The Prophet (ﷺ) instructed Muslims to treat captives well and forbade harming them. For instance, after the Battle of Badr, he ordered the captives to be treated with dignity. Historical accounts mention that some companions gave their food to captives while they themselves went hungry. The prohibition of torture or harm is a fundamental principle in Islamic teachings, especially in the context of warfare, the treatment of captives, and interactions with others. Islam emphasizes justice, mercy, and the sanctity of human dignity, and these principles extend even to adversaries during war.
The story of Thumama ibn Uthal is a remarkable example of the Prophet's ﷺ approach to dealing with captives. It illustrates the transformative power of kindness and mercy in Islamic teachings.
Thumama ibn Uthal was a prominent leader of the Banu Hanifa tribe and one of the fiercest enemies of Islam in the early years. He had harmed Muslims and even plotted to kill the Prophet ﷺ. However, after an encounter with the Muslims, Thumama's perspective changed completely. The Prophet (ﷺ) personally tended to Thumama. He ensured that Thumama was well-fed and treated humanely.
Abu Hurairah (رَضِيَ اللهُ عَنۡهُ), narrated, 'The Prophet (ﷺ) sent some cavalry towards Najd and they brought a man from the tribe of Banu Hanifa who was called Thumama bin Uthal. They fastened him to one of the pillars of the Mosque. The Prophet (ﷺ) went to him and said, "What have you got, O Thumama?' He replied, 'I have got a good thought, O Muhammad! If you should kill me, you would kill a person who has already killed somebody, and if you should set me free, you would do a favor to one who is grateful, and if you want the property, then ask me whatever wealth you want.' He was left till the next day when the Prophet (ﷺ) said to him, 'What have you got, Thumama? He said, 'What I told you, i.e. if you set me free, you would do a favour to one who is grateful." The Prophet (ﷺ) left him till the day after, when he said, "What have you got, O Thumama?' He said, 'I have got what I told you. "On that, the Prophet (ﷺ) said, 'Release Thumama.' So he (i.e. Thumama) went to a garden of date palm trees near to the Mosque, took a bath and then entered the Mosque and said, 'I testify that None has the right to be worshipped except Allah, and also testify that Muhammad is His Apostle! By Allah, O Muhammad! There was no face on the surface of the earth most disliked by me than yours, but now your face has become the most beloved face to me. By Allah, there was no religion most disliked by me than yours, but now it is the most beloved religion to me. By Allah, there was no town most disliked by me than your town, but now it is the most beloved town to me. Your cavalry arrested me (at the time) when I was intending to perform the `Umra. And now what do you think?' The Prophet (ﷺ) gave him good tidings (congratulated him) and ordered him to perform the `Umra. So when he came to Mecca, someone said to him, 'You have become a Sabian?' Thumama replied, 'No! By Allah, I have embraced Islam with Muhammad, Apostle of Allah. No, by Allah! Not a single grain of wheat will come to you from Yamamah unless the Prophet gives his permission.' [Sahih Al-Bukhari 4372]
The third principle is the encouragement of the release or ransom of captives. Islamic teachings emphasize the humane treatment of captives and encourage their release or ransom as an act of mercy and justice. This principle aligns with the broader objectives of Islamic law (maqasid al-shari'ah), which seek to uphold human dignity, preserve life, and foster reconciliation. The Qur'an directly encourages the release or ransom of captives as a noble act of charity and goodwill. In surah Muhammad (47):4 that I've mentioned, there are two permissible outcomes for captives: Graceful Release (fidaa): Setting captives free without any compensation, as an act of kindness and mercy; and Ransom (fidya): Releasing captives in exchange for monetary compensation, goods, or even the release of Muslim captives held by the enemy. The underlying objective is to resolve conflict with minimal harm and encourage peace rather than prolong enmity.
Islamic jurists agree that the treatment of captives should prioritize mercy and justice, with preference given to their release when possible. The primary options discussed by scholars include Unconditional Release: Considered the most virtuous act; Ransom: Acceptable when it serves the interest of justice or benefits both parties; or Prisoner Exchange: Permitted if it leads to the release of Muslim captives.
Imam Al-Shafi’i and Imam Malik, for example, highlight that the decision regarding captives depends on the leader’s judgment and the circumstances, with the overarching aim of minimizing harm and promoting reconciliation.
After the Battle of Hunayn, the Prophet (ﷺ) released thousands of captives as an act of goodwill, strengthening ties between tribes and paving the way for peace. During his caliphate, Umar ibn al-Khattab (رَضِيَ اللهُ عَنۡهُ) implemented policies to ensure captives were treated fairly, and he actively encouraged their ransom or release. The principle of releasing captives aligns with contemporary international humanitarian laws, such as the Geneva Conventions, which emphasize the humane treatment of prisoners; encouragement of repatriation or release; and prohibition of indefinite detention without cause. Islam’s approach serves as a timeless framework for ethical conduct during conflict, emphasizing mercy, justice, and human dignity.
By promoting humane treatment, fair resolution, and opportunities for captives to regain their freedom, Islam aims to uphold human dignity and foster peace. These teachings remain relevant and serve as a moral guide in modern conflicts, encouraging ethical conduct and compassion even in challenging situations.
The fourth principle is no coercion in faith. Islamic teachings explicitly prohibit forcing captives or anyone to convert to Islam,
لَآ اِكْرَاهَ فِى الدِّيْنِۗ
'There shall be no compulsion in [acceptance of] the religion. ...' [QS. Al-Baqarah (2):256]
The Prophet (ﷺ) upheld this principle, ensuring that captives were not pressured into accepting Islam.
The fifth principle is justice and accountability. Islamic law (Shari'ah) provides rules for dealing with captives, balancing mercy with justice. Any punishment must adhere to established legal principles, and arbitrary cruelty is forbidden. The Prophet (ﷺ) said,
إِنَّ اللَّهَ يُعَذِّبُ الَّذِينَ يُعَذِّبُونَ فِي الدُّنْيَا
' Allah would punish those who torment people in this world (without any genuine reason).' [Sahih Muslim]
The sixth principle is freedom as a virtuous act. Freeing captives is considered a virtuous and rewarding deed in Islam. The Prophet (ﷺ) strongly encouraged the freeing of slaves and captives as a way to seek the pleasure of Allah,
أَيُّمَا رَجُلٍ أَعْتَقَ امْرَأً مُسْلِمًا اسْتَنْقَذَ اللَّهُ بِكُلِّ عُضْوٍ مِنْهُ عُضْوًا مِنْهُ مِنَ النَّارِ
'"Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave.' [Muttafaq Alaihi]
In the Battle of Badr, after the Muslim victory, the Prophet (ﷺ) treated captives with kindness and allowed some to earn their freedom by teaching literacy to Muslim children. In Liberation of Makkah, the Prophet (ﷺ) forgave most of his enemies who had been captured, demonstrating mercy and forgiveness.
Islamic teachings advocate for the humane treatment of hostages and prisoners of war, emphasising dignity, provision of basic needs, and mercy. While certain interpretations may suggest punitive measures against specific groups deemed as war criminals, these are exceptions rather than general directives. Islamic doctrine promotes kindness and compassion towards all captives, reflecting a commitment to ethical conduct even during conflict.
Islamic teachings emphasize humane treatment, justice, and eventual freedom for captives or hostages. While these teachings provide clear moral guidance, their application depends on the context and the individuals or groups involved. If hostages are treated well, it may reflect adherence to these Islamic principles, but any harm or mistreatment would violate the core values of the faith."
