Treatment of Prisoners and Hostages in Islamic Jurisprudence

Abstract

This study, entitled “The Treatment of Prisoners and Hostages in Islamic Jurisprudence,” examines a significant issue that highlights the humanitarian and ethical dimensions of Islamic law in the context of war and conflict. It aims to shed light on the elevated Islamic teachings governing the treatment of prisoners and hostages, reflecting a value system grounded in mercy, justice, and respect for human dignity even under the most difficult circumstances.

The importance of the study lies in correcting common misconceptions about the treatment of prisoners in Islam and demonstrating the distinctiveness of the Islamic approach compared to practices based on harshness or retaliation. It also seeks to clarify the regulations established by Islamic jurisprudence concerning jihad and its consequences, particularly with regard to prisoners and hostages in various contexts.

The study aims to define key concepts related to prisoners and captivity, outline the relevant juristic rulings, and examine how Islam addresses these issues in light of primary sources, while emphasizing ethical principles such as benevolence and the concept of safe-conduct (aman).

Adopting a descriptive-analytical method, the study analyzes Qur’anic texts, Prophetic traditions, and juristic opinions, with a comparative perspective. It concludes by emphasizing the necessity of reinforcing humane treatment and implementing aman to promote justice and human dignity.