Development of rulings

The first military rulings were formulated during the first century (according to the Hijri
calendar). These rulings evolved in accordance with the interpretations of the Quran and
recorded traditions of Muhammad. The key themes in these rulings were the justness of
war, and the injuction to jihad. The rulings do not cover feuds and armed conflicts in
general.[1]

Jihad (Arabic for struggle) was given a military dimension after the oppressive practices
of the Meccan Quraish against Muslims. It was interpreted as the struggle in the way of
Allah to be conducted by the Muslim community. Injunctions relating to jihad have been
characterized as individual as well as collective duties of the Muslim community. Hence,
the nature of attack becomes important — if the Muslim community as a whole is
attacked Jihad becomes incumbent on all Muslims. Jihad is differentiated further in
respect to the requirements within Muslim-goverened lands (Dar al-Islam) and non-
Muslim lands (Dar al-Harb).[1]

Ethics of warfare
The basic principle in fighting in the Quran is that other communities should be treated
like one's own.[2] Fighting is justified for legitimate self-defense, to aid other Muslims[3]
and after a violation in the terms of a treaty, [4] but should be stopped[5] if these
circumstances cease to exist.[6][7][8][9] Although the language can be considered militant,
the principle of forgiveness is reiterated in between the assertions of the right to self-
defence.[6]

Muhammad gave various injunctions to his forces during his time and adopted attidudes
toward the conduct of war. His major ones were summarized by Abu Bakr in the form of
10 rules for the Muslim army:[1]

Stop, O people, that I may give you ten rules for your guidance in the
“ battlefield. Do not commit treachery or deviate from the right path. You must
not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man.
Bring no harm to the trees, nor burn them with fire, especially those which
are fruitful. Slay not any of the enemy's flock, save for your food. You are
likely to pass by people who have devoted their lives to monastic services;
leave them alone. ”
These injunctions were honored by Umar during the early expansion of Islam.[10]

Criteria for soldiering

Muslim jurists are in consensus that Muslim armed forces must consist of debt-free adults
who posses a sound mind and body. In addition, the combatants must not be conscripted,
but rather enlist on their free will, and with the permission of their family.[1] Jurists are
divided on whether women or non-Muslims are eligible to participate as soldiers.

Traditionally, "adults" have been defined as post-pubescent individuals above the age of
15. Due to expediency during the Iran-Iraq war, however, Ruhollah Khomeini issued a
fatwa lowering the age of the combatants as well as waiving the family's permission as a
condition to enlist.[1]

Commencing hostilities
The Quran[11] commands Muslims to make a proper declaration of war prior to the
commencement of military operations. Thus, surprise attacks are illegal under the Islamic
jurisprudence. This rule, however, is not binding if the adversary has already started the
war.[12] The Quran had similarly commanded Muhammad to give his enemies, who had
violated the Treaty of Hudaibiyah, a time period of four months to reconsider their
position and negotiate.[13]

Sunni jurists believe that jihad can be declared by a political leader with the sanction of
religious authorities, whereas Shia jurists hold that only a just Imam can declare jihad and
ensure that it is conducted in accordance with the principles of justice.[1] Historically, the
lack of a central religious authority has created problems with the general acceptance of
these declarations. Rulers and other individuals have on occasion declared jihad even
when clerics have refused to categorize the conflict as such, for example the Ottoman
Sultan during World War I.[1]

Javed Ahmad Ghamidi writes in his book Mizan that after Muhammad and his
companions, there is no concept in Islam obliging Muslims to wage war for propagation
or implementation of Islam. The only valid basis for Jihad through arms is to end
oppression when all other measures have failed. Islam only allows Jihad to be conducted
by a Government[14] with at least half the power of the enemy.[15][16][17] Some Islamic
scholars consider the latter command only for a particular time.[18]

Conduct of armed forces

The Quran discourages Muslim combatants from displaying pomp and unnecessary
boasting when setting out for battle.[19]

In combat

During the battle the Quran commands Muslims to fight against the enemy. However,
there are exceptions to such combat. Torturing the enemy, and burning the combatants
alive is strictly prohibited.[20] The mutliation of dead bodies is also prohibited.[21]

In modern times, Yousef al-Qaradhawi has legitimized the use of suicide bombings if the
combatants had no other means of self-defence.[22]
Civilian areas

Islam expressly prohibits the killing of those who have not participated in the war.[23]
Javed Ghamidi argues that this principle is not just based on the Islamic faith but also
founded in customs and reason.[24] Shia scholar Ayatollah Mohammad Taqi Mesbah-
Yazdi holds a similar position regarding non-combatants.[25]

Harming civilian areas, pillaging residential areas is also forbidden,[26] as is the

destruction of trees, crops, livestock and farmlands.[27][28] The Muslim forces may not
loot travellers, doing so is contrary to the spirit of Jihad.[29] Nor do they have the right to
use the local facilities of the native people without their consent. If such a consent is
obtained, the Muslim army is still under the obligation to compensate finanically for the
use of such facilities. However, Islamic law allows the confiscation of military equipment
and supplies captured from the camps and military headquarters of the combatant
armies.[30][31]

Prisoners of War
The historical legal principles governing the treatment of prisoners of war, in shar'iah,
Islamic law, (in the traditional madhabs schools of Islamic jurisprudence), closely mirror
the pre-existing norms of society during Muhammad's time. Men, women, and children
may all be taken as prisoners of war under traditional interpretations of Islamic law.
Generally, a prisoner of war could be, at the discretion of the military leader, freed,
ransomed, exchanged for Muslim prisoners, or kept in bondage.[32] In earlier times, the
ransom sometimes took an educational dimension, where a literate prisoner of war could
secure his or her freedom by teaching ten Muslims to read and write.[33] Some Muslim
scholars hold that a prisoner may not be ransomed for gold or silver, but may be
exchanged for Muslim prisoners.[34]

Muslim scholars hold that women and children prisoners of war cannot be killed under
any circumstances, regardless of their faith,[35] but that they may be freed or ransomed.
Women who are neither freed nor ransomed by their people were to be kept in bondage
and referred to as ma malakat aymanukum. Islamic law does not put an exact limit on the
number that can be kept in bondage. It strictly forbids keeping female slaves as a means
of sexual enjoyment and luxury according to Maududi.[36]

Ending hostilities and cease-fire

Commentators of the Quran agree that Muslims should always be willing and ready to
negotiate peace with the other party without any hesitation. Islam does not permit
Muslims to reject peace and continue bloodshed.[37]

Islamic jurisprudence calls for third party interventions as another means of ending
conflicts. Such interventions are to establish mediation between the two parties to chieve
a just resolution of the dispute.[38]
In the context of Arabia, the Quran ordained Muslims must restrain themselves from
fighting in the months prohibited by pagans and should respect the cease-fire. If,
however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though
in a manner that is equal to the original transgression.[39]

Violation

Islam prohibits the violation of a peace-treaty or cease-fire.[40]

The famous "sword verse" (Qur'an 9:5), is directed against a particular group who violate
the terms of peace and commit aggression (but excepts those who observe the treaty).
Crone states that this verse seems to be based on the same above-mentioned rules. Here
also it is stressed that one must stop when they do.[6][8] Ibn Kathir states that the verse
implies a hastymission of besieging and gathering intelligence about the enemy, resulting
in either death or repentence by the enemy.[41]

Crone continues that there is only one verse in the Qur'an which seems to endorse war of
aggression.[42] However, if read as a continuation of previous verses,[43] it would be
concerned with the same oath-breaking of "polytheists".[44][6]