Mohd Hisham Mohd Kamal & Farid Sufian Shuaib

Edited by Alejandro Laguna Cardenas

Executive Summary

Armed conflicts today continue to generate widespread human suffering. International Humanitarian Law (IHL) has emerged to mitigate this impact by protecting civilians, prisoners of war, the wounded, and other non-combatants, while regulating the conduct of hostilities. At the same time, Islamic humanitarian law has, for centuries, offered principles that parallel many of these protections. Both frameworks converge on a central idea: even in war, human dignity must be preserved.

This paper explores the intersections between IHL and Islamic humanitarian law, highlighting shared principles such as humanity, necessity, proportionality, and distinction. Drawing on Qur’anic injunctions and the practice of early Islamic jurists, it shows that Islam places strong emphasis on limiting the effects of armed conflict and safeguarding the lives and rights of those not participating in hostilities.

By comparing these two traditions, the paper demonstrates that Islamic humanitarian law is not only compatible with IHL, but also enriches contemporary discussions on the protection of human beings in war. Recognising these points of convergence strengthens the universality of humanitarian principles and reinforces the idea that the protection of human dignity is a shared value across civilizations.

Introduction

The current state of the world shows a prolonged humanitarian crisis, whether triggered by natural disasters, human-made disasters, political turmoil, or outright wars and armed conflicts. These events cause loss of life, human suffering, and the destruction of economies, resources and communities. Throughout history, human civilizations have sought to reduce such suffering, even in the midst of armed disputes between powers and states.

This pursuit of humanitarian ideals has given rise to practices, teachings, movements, and codified norms that today form the body of International Humanitarian Law (IHL). Similar concepts can also be found within religious traditions. This article introduces IHL while highlighting its points of convergence with principles in Islam. Recognising these parallels may help all actors uphold and defend humanity during armed conflicts.

Principles of International Humanitarian Law

International Humanitarian Law is a branch of international public law that regulates the conduct of parties engaged in both international and non-international armed conflicts. Also known as jus in bello, it must be distinguished from jus ad bellum, the body of law governing the legitimate reasons or circumstances for resorting to armed force [1]. Under the United Nations Charter, the use of armed force in international relations is prohibited, except in self-defence or when authorized by the United Nations Security Council[2]. In short, jus ad bellum determines whether going to war is lawful, while jus in bello sets the rules for conduct during war, regardless of whether the use of force was lawful in the first place.

The existence of rules during armed conflicts is essential to prevent unnecessary human suffering during war. It protects all those affected by armed conflict: not only combatants, but also civilians, medical personnel, women, children, neutral states, and civilian objects. War inevitably brings loss of life, destruction of property, and widespread suffering, often affecting far more than just the warring parties. IHL therefore applies equally to all sides, regardless of initiated hostilities or whether the war is lawful for either side. By setting clear limits, IHL seeks to prevent arbitrary and merciless acts, providing essential protection to parties affected by armed conflict.

The impulse to place limits on warfare is not a modern development. From the earliest days of organised conflict, human societies have recognised the need to temper the cruelty of war, even when fighting to defend themselves, expand territories, or settle disputes. The foundations of modern International Humanitarian Law were laid in the 19th century, inspired by the writings of Henry Dunant, a Swiss citizen who witnessed first-hand the suffering of soldiers at the battle of Solferino in Italy. His advocacy led to the adoption of the first Geneva Convention of 1864. Following the Second World War, the four Geneva Conventions of 1949 further codified the rules and principles that continue to shape IHL today.

Sources of International Humanitarian Law and its Relationship with International Human Rights Law

The Principles and rules of International Humanitarian Law are found in both treaty law and customary international law. Key treaty sources include the 1949 Geneva Conventions, their Additional Protocols, and other humanitarian treaties. Before 1949, many of these principles already existed as customary rules of war. These customs were codified in the adoption of the four Geneva Conventions of 1949:

• The First Convention covers the protection and treatment of the wounded and sick on land.
• The Second addresses the wounded, sick and shipwrecked at sea.
• The Third regulates the treatment of prisoners of war.
• The Fourth protects civilians.

Other examples include the 1954 Hague Convention for the Protection of Cultural Property and the 1972 Biological Weapons Convention.

Under general principles of international law, treaties bind only their signatories. However, when a treaty provision codifies or declares customary law, it also binds states that are not parties to the treaty. As most IHL treaty provisions reflect customary law, it can be said that even non-signatory states are bound by many of the rules contained in these instruments.

International Human Rights Law (IHRL), meanwhile, sets out the rights of individuals and groups under treaties and customary international law (e.g., the 1976 International Covenant on Civil and Political Rights; the 1979 Convention on the Elimination of All Forms of Discrimination against Women; the 1989 Convention on the Rights of the Child.) IHL and IHRL complement each other: both aim to protect life, safeguard vulnerable groups, such as women and children, and prohibit abuse. However, they differ in scope, application, and the nature of obligations. IHL applies only in situations of armed conflict, whether international or internal, while IHRL applies at all times — peacetime, war, or emergency. Certain IHRL rights may be restricted in exceptional circumstances (e.g., movement during a state of emergency), but core rights — such as the prohibition of torture — can never be suspended.

IHL applies in conflict zones and binds a state whether hostilities take place within its territory or beyond it. In contrast, human rights law generally applies within a state’s own territory, unless it occupies another territory, in which case it must also uphold the rights of the population there. Differences also arise in substantive coverage. As a lex specialis during armed conflict, IHL offers definitions absent from IHRL—such as “prisoner of war” and “international armed conflict”. Conversely, human rights law regulates areas outside IHL’s scope, such as the right to vote or freedom of the press. In cases where both frameworks apply and their provisions conflict, IHL prevails in armed conflict situations.

For example, the use of lethal force may be lawful under IHL if directed towards legitimate military objectives, subject to rules such as distinction and proportionality. Under IHRL, lethal force is permitted only in much more restrictive circumstances, such as immediate self-defence. Similarly, while both bodies of law require humane treatment of detainees, their rules on detention differ: IHRL prohibits administrative detention without trial, whereas IHL allows it in specific conflict contexts.

Core Principles of International Humanitarian Law

The fundamental principles of International Humanitarian Law are the principles of humanity, distinction, proportionality, and military necessity. The principle of humanity obliges the parties to a conflict to take humanitarian considerations into account in their conduct of hostilities. Military objectives should never override humanitarian values, ensuring that people caught up in conflict do not endure excessive or prolonged suffering. For instance, the unnecessary harm caused by the use of dum-dum ammunition, which can inflict severe and disproportionate injury, is prohibited under International Humanitarian Law [3].

The principle of distinction underscores the obligation to differentiate at all times between civilians and combatants, and between civilian objects and military objectives. This principle is essential to safeguarding civilians and civilian property during armed conflict. Military operations should be directed solely at combatants and legitimate military targets, not at civilians or civilian objects such as homes, places of worship, schools, and hospitals [4].

Proportionality seeks to limit the damage caused by military operations [5]. The anticipated harm to civilians or civilian objects must not be excessive in relation to the concrete and direct military advantage expected. Operations that cause disproportionate civilian harm are prohibited.

Military necessity allows measures to achieve a legitimate military purpose[6], namely, to weaken the enemy’s military capacity. However, such measures must be balanced against humanitarian considerations, and any action taken must be necessary to secure a definite military advantage. From these principles flow specific IHL rules, including humane treatment of prisoners of war (dignity[7], protected from abuse or persecution, medical care, family contact) and the strict prohibition on the recruitment and use of children in armed conflict [8].

Islam and Armed Conflict

The Prophet Muhammad (peace be upon him)[9] was sent as a bearer of God’s mercy to the whole world, bringing guidance and showing the path to God’s pleasure. His teachings are recorded in the Qur’an, and his words, actions, and approvals, known as the Sunnah, are binding on Muslims. The Prophet was involved in several battles, and verses of the Qur’an were revealed before, during, and after these events, providing commands and prohibitions to him and to Muslim fighters. The Prophet also issued instructions to Muslim troops on what was permitted and what was forbidden in armed conflict.

Islam’s purpose is to protect human dignity, refine moral character, maintain harmonious relationships, and improve human values, serving as a blessing for all. It therefore sets out clear rules and laws for the conduct of war. In this section, the discussion from an Islamic perspective focuses on the treatment of prisoners of war, the protection of civilians and civilian objects, and the involvement of children in armed conflict.

Treatment of Prisoners of War

The taking of prisoners of war is permitted in Islam, as stated in verse 47:4:

“So, when you meet the disbelievers (on the battlefield), then cut off their necks. So, when you have overcome them, then bind them firmly. After that (liberate them,) either by generosity or by taking hostages, until the burden of war is lifted: thus, God commands you…”

Similarly, verse 9:5 says:

“But when the forbidden months are over, then kill the polytheists wherever you find them, and capture them, and besiege them, and watch over them in every place of observation… (Emphasis added)”

Verse 47:4 describes captivity as a temporary state, since it mentions two ways to end it: mann (freeing without demanding ransom), and fida’ (freeing after taking ransom or in exchange). Liberation can be conditional, on the understanding that released captive will not fight Muslims in the future, or unconditional. Prisoners of war from the Battle of Badr were released after paying ransom and promising not to fight Muslims again[10]. There is also a hadith in which the Prophet ordered the release of prisoners of war [11].

According to the majority of jurists, in addition to mann and fida’, Muslim authorities also had the option of executing prisoners of war [12]. This opinion is based on the decision of Sa’ad bin Mu’adh (ra), who acted as arbitrator. He ruled that all the fighters of Banu Qurayzah should be executed after betraying their agreement during the Battle of Ahzab. The Prophet approved the decision, saying to Sa’ad, “You have judged based on God’s law” [13]. However, this case involved arbitration freely chosen by the parties and cannot be treated as a general licence to kill prisoners. They and the Prophet were parties to an arbitration, and they themselves chose Sa’ad as the judge. They asked to be judged in their case of betrayal [14] and did not leave the decision to the Prophet, as Banu Qaynuqa’ and Banu al-Nadir had done earlier. Moreover, verse 47:4 does not mention killing prisoners of war; once an enemy combatant is captured, they may not be killed, even if, during battle, they killed many Muslim fighters.

It has been argued that a prisoner of war may be executed only in two circumstances: for a crime punishable by death, or for reasons of military necessity. Capital crimes include murder, blasphemy, apostasy, and robbery. For example, the Prophet ordered the execution of ‘Uqbah bin Abu Mu’ayt, who was captured in the Battle of Badr. ‘Uqbah asked, “Will you kill me, O Muhammad, among all the people of Quraysh?” The Prophet replied, “Yes. Do you know what this man did to me? He came to me while I was prostrating in prayer behind the maqam of Ibrahim, stepped on my neck and pressed it so hard that I thought my eyes would bulge out. On another occasion, he brought a sack of sheep’s womb and threw it on my head while I was prostrating in prayer, and then Fatimah came and cleaned it from my head” [15]. What ‘Uqbah committed was blasphemy. At that time, Allah had revealed a verse forbidding the Companions (ra) from insulting the Quraysh’s idols, at their request [16]; by the principle of reciprocity, the Quraysh could not insult Allah [17].

Military necessity, on the other hand, refers to exceptional situations that justify actions otherwise prohibited. For example, Muslim fighters may capture many members of the enemy army. If the situation were reversed, and the enemy advanced towards the location where Muslim fighters were holding prisoners, and it was expected that the Muslim army could not defend itself, the enemy might free their captured soldiers and thereby become stronger. In such a case, military necessity would justify the killing of the prisoners.

Muslim authorities also had the option of enslaving prisoners of war. Although lawful under the original law, Islamic teachings encouraged emancipation: allocating zakat for this purpose [18] and making manumission an expiation for some sins[19]. As such, enslaving prisoners of war is no longer an option in the present day. Moreover, International Humanitarian Law treaties to which Muslim countries are parties also prohibit the enslavement of prisoners of war [20].

Treatment While in Captivity

Non-Muslim prisoners of war cannot be forced to convert to Islam, based on verse 2:256 [21]. However, Muslim fighters may invite non-Muslim prisoners of war to convert to Islam. The Prophet was commanded:

O Prophet! Say to the captives in your hands, “If God knew there was goodness in your heart, He would have given you (something) better than what (ransom) was taken from you, and He would have forgiven you.” And God is Forgiving and Merciful.[22]

The blessing of Islam and faith are the greatest blessings, worth far more than the ransom paid by prisoners to secure their release. The Prophet was also instructed to promise that the sins of the captives would be forgiven by God. When a non-Muslim converts to Islam, all previous sins are forgiven. The verse above can therefore be understood as directing the Prophet to call on non-Muslim prisoners of war may be invited to embrace Islam so that they might be forgiven. His Majesty’s people also have an obligation to carry out the order.

The prohibition against forcing prisoners to convert to Islam has one exception: the case of an apostate. Apostates should be called to repent and return to Islam;  if they refuse, they should be executed[23].

The Prophet distributed the prisoners of Badr among the Companions, instructing them: “Pay attention to the suggestion to treat the prisoners fairly” [24]. Many Companions (ra) gave their own bread to the prisoners, eating only dates themselves [25]. The Prophet also ordered that prisoners be clothed; after Badr, he even provided clothing to one prisoner from his own share of the spoils[26].

Prisoners of war should not be exposed to extremes of heat or cold, [27]and discomfort should be minimised. If injured or ill, they must be treated[28]. According to al-Sarkhasi, prisoners of war have the right to dispose of their property at home[29], and a captive mother cannot be separated from her child[30].

Muslim fighters are prohibited from torturing prisoners of war. After Badr, ‘Umar ibn al-Khattab asked permission to remove the teeth and tongue of a prisoner, named Suhayl ibn ‘Amru, so that he could no longer insult the Prophet. The Prophet refused, saying: “I will not disfigure him; otherwise, God will mutilate me even though I am a Prophet” [31]. There is also a hadith: “Indeed Allah will punish those who torture people in this world”[32]. Humane treatment should be extended to all prisoners of war, regardless of whether the enemy affords similar treatment to Muslim captives.

Protection of Civilians and Civilian Objects in Armed Conflict

The goal of the parties in war is victory. Islamic Humanitarian Law allows the use of many types of weapons such as swords, arrows, guns, and cannons. Various methods of fighting may be employed, as the Prophet himself described war involves stratagems[33], though he   prohibited treachery[34]. However, only enemy combatants and military objects may be targeted. Civilians and public objects are protected from attack

Distinguishing Civilians and Civilian Objects from Combatants and Military Objects

Combatants, such as soldiers or members of armed groups, take part in hostilities. A military object is one that, by its nature, location, purpose, or use, makes an effective contribution to military action, and whose destruction, capture, or neutralisation offers a definite military advantage. Examples include fortresses, military camps, bases, vehicles, routes, equipment, and enemy airfields.

Under international humanitarian law, civilians are defined as persons who do not take part in hostilities, and their protection is a central obligation in armed conflict. They must not be killed, injured, taken hostage, subjected to sexual violence, deported, dispossessed of their property, or deprived of basic necessities such as food, water, and medical care. Closely related is the concept of civilian objects, referring to installations and facilities that serve no military purpose. These include villages, private homes, schools, places of worship, public transport, and medical services. Together, the protection of civilians and civilian objects embodies the fundamental principle of distinction, which prohibits directing attacks against those who are not lawful targets of war.

The Qur’an commands Muslims to fight those who fight them, but forbids transgression[35]. Verse 2:190 shows that jihad is obligatory for self-defence and not for initiating aggression, and that Muslim soldiers may only target enemy combatants, not civilians. Targeting civilians is to exceed the limits set by God and may be punishable as a war crime.

When Prophet Muhammad sent an army, he instructed them not to target the elderly, children, infants, or women.[36] These groups generally did not take part in hostilities. The act of the Prophet giving orders to the army shows that a warning should be given to the Muslim army about what they can do and what they cannot do in war. For this purpose, a military manual should be developed.

In one battle, Prophet Muhammad was told that a woman had been killed, and he expressed regret, saying: “Surely she did not fight” [37]. When questioned by His Majesty, the man who killed the woman explained that she tried to grab his sword to kill him [38]. The Prophet’s   questioning in the Battle of Hunayn shows that a soldier who targets a civilian or a civilian object should be prosecuted and, if found guilty, punished.

By analogy qiyas, jurists have extended civilian protection to ascetics, merchants, farmers, teachers, and others not engaged in hostilities. However, a woman who is a member of the enemy’s armed forces and takes part in hostilities may be targeted.

The principle of distinction in Islamic Humanitarian Law means that hostile parties must always distinguish between combatants, who may be attacked, and civilians, who must be spared. For this purpose, Prophet Muhammad instructed Muslim troops in the Battle of Badr [39] to wear white wool as a distinctive marker. At that time, uniforms were not used, but the white wool cloth served as an early form of military insignia.

Change of status

A combatant who ceases to take part in hostilities due to injury, illness, or capture will be protected by Islamic Humanitarian Law from being targeted. Civilians, by contrast, lose protection for such time as they directly participate in hostilities and may then be targeted.

A civilian object loses protection if used for military purposes. Once turned into a military object, it can be targeted. In the battle with Banu al-Nadir — who had planned to kill the Prophet Muhammad[40] — their fighters used their homes as fortresses, sheltering inside and throwing stones and firing arrows at Muslim fighters [41]. This transformed their residence from civilian objects into military objects. As a result, those premises lost protection and could be targeted. Prophet Muhammad ordered his Companions to attack the premises of Banu al-Nadir, and the Companions damaged them to the extent necessary [42]. This event is recorded in the Qur’an [43].

Indiscriminate Weapons and Prohibited methods

Following this principle of differentiation, weapons or methods that cannot be directed at specific military targets[44] (e.g., nuclear weapons or indiscriminate bombing in public areas[45]) are prohibited.

Military Necessity

In the battle against Banu al-Nadir, Muslim forces were hindered by palm trees that shielded the enemy. The Prophet ordered his Companions to cut down the Banu al-Nadir palm trees, and they did so[46]. This event is recorded in the Qur’an [47]. Although palm trees are civilian objects, their removal was justified under the principle of military necessity.

At the end of this battle, Banu al-Nadir were defeated. As a punishment for their plot to kill the Prophet Muhammad, which caused the battle, they were expelled from Medina[48]. Before leaving, they destroyed their own houses to deny them to the Muslims. The Qur’an records that their self-destruction was greater than the damage caused by Muslim forces, showing that the latter’s actions were limited to what was necessary for victory. Verse 59:2 mentions the destruction by Banu al-Nadir before mentioning the damage by Muslim fighters, indicating that the former was greater:

It is He (Allah) who has removed the disbelievers among the People of the Book from their dwellings at the beginning of their gathering (to fight the Messenger of Allah). You (O Muslims) did not think that they would come out (because of their strong defence), and they thought that their fortresses would be able to protect them from Allah. So, Allah inflicted (His punishment) on them from a direction they did not expect, and (Allah) threw fear into their hearts. They destroyed their houses with their own hands and the hands of the believers. So, take a lesson (from this event), O people who are literate.

(Emphasis added)

The principle of necessity comes from the verses of the Qur’an which allow the act of eating forbidden things when a person has to because of an emergency [49]. A person who is forced to eat forbidden things should not have the desire to eat those things and should not eat more than what is necessary for life. This principle of necessity was extended to the situation of war, forming the principle of military necessity.

Actions must be strictly limited to what is necessary and to the only feasible way to avert a definite danger. The aim is to protect civilians and civilian objects. For example, the actions of someone who bombed an entertainment centre that was also visited by enemy soldiers cannot be justified. Such actions are more than what is necessary to win a battle or a war. This kind of action is not the only way left, because many other options remain to defeat the enemy.

Proportionality and precaution

When the target is not strictly military, for example, a city with a civilian population, the principle of proportionality becomes crucial. Civilian harm must not be excessive in relation to the anticipated military advantage. Muslim forces must consider all options to minimise harm, such as verifying targets, choosing appropriate timing and weapons, and warning and evacuating civilians.

This principle is reinforced by the principle of precaution, requiring parties to avoid or at least minimise harm to the public. During the Opening of the City of Mecca, the Prophet Muhammad asked Abu Sufyan, the leader of the Quraysh of Mecca, to announce that whoever entered the Masjid al-Haram, entered the house of Abu Sufyan, closed his own door, or was outside unarmed would be safe [50]. When Sa’ad ibn ‘Ubadah (ra), the Ansar’s flag bearer, told Abu Sufyan that that day would be a day of battle, Prophet Muhammad took the flag from him and gave it to his son, Qays ibn Sa’ad [51]. The Muslim army entered Mecca during daylight even though it had arrived the night before[52]. Verse 2:190-193 had already been revealed, instructing Muslims not to fight, especially in Masjid al-Haram, unless attacked first [53].

The Prophet’s directive to designate the Masjid al-Haram and private houses as places of refuge effectively protected the general population who could not be targeted, enabling the Companions to distinguish Quraysh fighters from civilians. Replacing the commander avoided potential bloodshed, underscoring the importance of leadership in targeting decisions. Likewise, delaying entry until daylight reduced the risk of misidentification and civilian harm; it was the Prophet’s common practice not to begin hostilities at night upon arrival among a people[54].

Verse 2:190-193 was revealed a year after the Treaty of Hudaybiyyah and 10 months before the opening of the City of Mecca. The Treaty established a ten-year peace and allowed Muslims to perform ‘Umrah the following year. When these verses were revealed, the Prophet and the Companions were preparing to perform ‘Umrah and feared Quraysh might violate the treaty: they disliked fighting near the Haram and during the sacred month of Dhu al-Qa’idah [55]. These verses instructed Muslims not to fight, especially in the Masjid al-Haram, unless attacked first, guiding conduct during the Umrah (7AH) and the opening of Mecca (8AH).

In addition, verse 16:126-128 was also revealed on the opening day of the City of Mecca. Five years earlier, on the day of the Battle of Uhud, the Prophet and the Companions from among the Ansar had sworn to take revenge, when they found the bodies of Hamzah ibn ‘Abd al-Mutalib and other martyrs had been mutilated by the Quraysh. These three verses state that it is better for the Prophet and the Companions to be patient than to take revenge [56]. According to one opinion, the three verses were revealed at Uhud and then reiterated on the day of the Opening[57]; according to another, verse 16:126 followed the oath at Uhud but was revealed on the Opening of Mecca [58]. Either way, the verses warned Muslims not to take revenge upon capturing the city.

With measures based on the principle of proportion and caution, Prophet Muhammad managed to avoid bloodshed when opening the city of Mecca. The opening of Mecca was very different from other conquests that were usually accompanied by massacres, looting and enslavement.

Prophet Muhammad also took measures to prevent harm to civilians under his leadership against the Ahzab army that advanced on Medina. First, the Prophet accepted the recommendation to dig a trench in the open area in the north of Medina, the only side exposed to attack [59], so the enemy could not enter the city and target civilians. Second, when the initial assault (stopped by the trench) and subsequent siege took place in the north[60], he placed children, women and the elderly in the south of the city [61]. Third, civilians were sheltered in a strong fortress[62]. Fourth, several hundred fighters were assigned to guard it[63].

Involvement of Children in Armed Conflict

For the purposes of this article, a child means a person who has not reached puberty. Puberty begins after the discharge of semen due to a wet dream [64]or other causes, or at the latest at the age of 15 lunar years (Qamariyyah). This definition shows that biological factors take precedence over age. Children can be categorized into two groups: small children and mumaiyiz. From birth until reaching mumaiyiz, a person is considered a small child. Mumaiyiz refers to the ability to distinguish between what is beneficial and what is harmful, a cognitive stage usually reached by the age of seven.

A child who has not reached puberty has no religious obligations and is not held responsible for any offence committed. Upon reaching puberty, a person assumes full religious duties, such as prayer, and becomes accountable for their actions, as stated in the hadith in footnote 63.

Islamic Humanitarian Law establishes rules that combatants must follow. Violation results in sin, and the person who violates these rules will be held accountable both in this world and in the hereafter. However, minors who breach these rules, such as by targeting civilians, attacking public objects, or mistreating prisoners of war cruelly, are not held responsible in either domain. Therefore, to protect civilians, civilian objects, and prisoners of war, minors must not be allowed to take part in hostilities, who are not engaged in hostilities must never be targeted. This principle aligns with the prohibition on appointing minors as leaders or judges.

A hadith relates that al-Bara’ ibn Anas and Ibn ‘Umar were considered too young to join the Battle of Badr [65]. While al-Bara’s exact age is unclear, his brother Anas ibn Malik was about 11 years old at the time, indicating that al-Bara’ was still a child and thus excluded from the battle.

Adolescent Involvement in Armed Conflict

In principle, only adults are permitted to participate in hostilities, and even adolescents who have reached puberty should not be allowed or recruited unless specific conditions are met. If a young has the physical ability or skill to fight, and both he and his parents’ consent willingly, participation may be permitted.

The Qur’an recounts how the Prophet Dawud (as) joined Talut’s army and killed the enemy leader Jalut [66]. Prophet Dawud was still young[67] but skilled in using catapults as weapons [68]. However, verse 2:251 is not a legal verse and does not specify Dawud’s exact age. It is possible he had reached adolescence, as Jalut addressed him as “O youth”[69], and Dawud was later married to Talut’s daughter[70].

From the practice of the Prophet Muhammad, His Majesty rejected the request of some young Muslims who volunteered for Badr and Uhud and accepted them only in later battles when they were older[71]. Among those sent home was ‘Abd Allah ibn ‘Umar, 13 at Badr [72], as too young to fight[73]. His request at Uhud was also rejected, but 2 years later the Prophet accepted him to participate in the Battle of Khandaq [74]. The record shows the Prophet basically declined youths’ requests to fight, and those who later joined did so willingly and were never coerced.

Regarding parental consent, Mu’awiyah ibn Jahimah sought the Prophet’s advice: “Indeed I want to join the war, so I have come to ask for your opinion”. The Prophet Muhammad asked, “Do you still have a mother?” He replied, “Yes”. The Messenger of Allah, may God bless him and grant him peace, affirmed, “Go and serve your mother, for paradise beneath her feet” [75]. Whether adult or still a teenager, this teaching makes clear that devotion to one’s parents can take precedence over armed jihad, whose original ruling is farḍ kifāya[76]. If others are already fulfilling that duty, a Muslim may prioritise serving parents; if the parents’ consent, he may fight.

Apart from this hadith of Mu’awiyah ibn Jahimah, there is a hadith about a man who met the Prophet and asked his permission to participate in jihad. Then His Majesty asked, “Are your parents still alive?” He answered, “Yes”, the Prophet stated, “Then you should be sincere in serving them both” [77]. If even a grown man must prioritize his parents over armed jihad, let alone a teenager.

This hadith of Mu’awiyah ibn Jahimah is also parallel to another hadith narrated by ‘Abd Allah ibn Mas’ud who asked the Prophet, “Which practice does God like the most?” His Majesty replied, “Prayer in its time”. Ibn Mas’ud asked again, “Then what?” His Majesty replied, “Devoted to both parents”. Ibn Mas’ud asked again, “Then what?” His Majesty replied, “Fighting in the way of God” [78]. This hadith also shows that devotion to parents is a more important practice than striving for the path of God.

Regarding the strength or skill to enable a youth to fight, the Prophet accepted the request of Rafi’ ibn Khadij, aged 15, who had a reputation as an accurate archer and Samurah ibn Jundub, also aged 15 and who defeated Rafi’ in wrestling, to participate in the Battle of Uhud. Samurah was accompanied by his guardian when making this request [79].

Among the teenagers who participated in the Battle of Badr were Mu’adh ibn ‘Amru ibn al-Jamuh, who was only 14 years old [80], and Mu’awwidh ibn al-Harith [81], who was only 13 years old [82]. These two teenagers managed to defeat the leader of the enemy, Abu Jahl, in the battle [83]. However, after defeating Abu Jahl, Mu’adh had his hand cut off by the enemy with a sword [84], while Mu’awwid was martyred [85].

Another youth who took part in the hostilities at Badr was ‘Umayr ibn Abi Waqqas, then 16 years old. At first the Prophet did not allow ‘Umayr to join the battle, instead telling him to return to Madinah, but then allowed him after seeing ‘Umayr’s determination to join the battle. ‘Umayr was also martyred in Badr [86].

Another teenager who was martyred in Badr was Harithah ibn Suraqah [87], but his age at that time cannot be ascertained. There is a hadith that Harithah’s mother asked the Prophet if her son was in heaven, and the Prophet told her that Harithah was in the highest heaven of Firdaus [88].

Carrying Out Other Tasks on the Battlefield

Anas ibn Malik was a servant of the Prophet and accompanied the Prophet to Badr to serve him [89]. Anas did not take part in the hostilities at Badr because of his age at that time, which was still too young, which is about 11 years old [90]. Anas narrated that he accompanied the Prophet to Khaybar to serve him [91]. The Battle of Khaybar took place in the year 7H, when Anas was estimated to be 16 years old.

Jabir ibn ‘Abd Allah was in charge of supplying water for the Companions on the day of Badr [92]. Aged about 17 at the time, his father who participated in the Battle of Badr gave him the task so that Jabir could take care of his younger sisters if the father was martyred [93].

Islamic Humanitarian Law also protects civilians who do not take part in hostilities. This includes those who provide water to combatants, tend to the wounded, or look after property such as livestock. They remain protected and cannot be targeted.

Appointment as commander

When the Prophet was sick, His Majesty appointed Usamah ibn Zayd to lead a detachment consisting of older Companions such as Abu Bakr and ‘Umar ibn al-Khattab to face Rome [94]. After the death of His Majesty, Caliph Abu Bakar continued the Prophet’s plan. At that time Usamah was about 17 years old.

This shows that in special cases, the leader of a Muslim country can appoint teenagers with the necessary skills and strategic thinking to command in battle.

Usamah was given permission by the Prophet to take part in hostilities for the first time in the Battle of Khandaq [95], when he was about 12 years old. His previous request to participate in the Battle of Uhud was not accepted by the Prophet [96].

No compulsion

A teenager may participate only if he is willing and both parents freely consent. The teenager cannot be forced to take part in hostilities or be recruited, nor can his parents be forced to give consent for that purpose. Forcing a youth or child to take part in hostilities, or coercing parents to give consent for such participation, is contrary to the teachings of the Prophet. As the examples above show, the Prophet never compelled any youth to join his army on the battlefield.

Conclusion

International Humanitarian Law governs acts of hostilities and the means and methods of war. The laws that apply in war and armed conflict protect civilians and civilian objects, and even – in prohibiting acts of causing unnecessary suffering – protect the combatants themselves. Its main purpose is to protect human dignity, as well as to limit and prevent suffering in times of armed conflict.

Islam has contributed to the development of international humanitarian law, including in outlining foundational norms. This can be concluded when examining the verses of the Qur’an as well as the hadith and the behavior of His Majesty the Prophet when facing his enemies. There are too many similarities that can be observed from the basic aspects and even branches between modern international law and Islamic humanitarian law.

Therefore, Muslims who engage in hostilities, whether against non-Muslims or other Muslims, must comply with Islamic humanitarian law and international humanitarian law.

[1]Abdul Ghafur Hamid@Khin Maung Sein, Public International Law , 3rd Edition, Selangor, Malaysia: Sweet & Maxwell Asia, 2011, pp. 399-404.

[2]See Article 51 and Chapter 7 of the Charter of the United Nations.

[3]See Customary IHL Database , Rule 77. https://ihl-databases.icrc.org/customary-ihl/eng/docindex/home

[4]For the definition of military force, see Article 43, Additional Protocol I.

[5]For the precautionary principle, see for example Articles 57-58, Additional Protocol I.

[6]See for example Article 54(5), Additional Protocol I.

[7]See for example Article 12 of the First Geneva Convention.

[8]See for example Article 77, Additional Protocol I.

[9] In Islamic tradition, it is customary to invoke blessings upon the Prophet Muhammad whenever he is mentioned. For reasons of readability, this article uses the invocation only once, at the first mention.

[10]Muhammad Hamidullah, Muslim Conduct of State , Revised Edition, Lahore: Kashmiri Bazar, 1945, p. 212; Ahmed Zaki Yamanai, “Humanitarian International Law in Islam: A General Outlook” in Hisham M. Ramadan (editor), Understanding Islamic Law: from Classical to Contemporary , Lanham, New York, Toronto & Oxford: AltaMira Press, 2006, p. 85.

[11]al-Bukhari, Summarized Sahih al-Bukhari , compiled by al-Imam Zain-ud-Din Ahmad bin Abdul-Lateef Az-Zubaidi, translated by Dr. Muhammad Muhsin Khan, Riyadh: Maktaba Dar-us-Salam, hadith no. 1301, 1996/1417H, p. 618.

[12]See Muhammad Munir, “Debates on the Rights of Prisoners of War in Islamic Law”, (2010) 49(4) Islamic Studies 463-492, pp. 466-476.

[13]Abu Ameenah Bilal Philips, The Evolution of Fiqh: Islamic Law & the Madh-habs , Kuala Lumpur: AS Noordeen, 2002/1422, pp. 35-36; Mohamad Akram Laldin, Introduction to Shariah and Islamic Jurisprudence , Kuala Lumpur: CERT Publications, 2006, p. 182.

[14]Bilal Philips, Evolution of Fiqh , p. 35; Laldin, Introduction to Shariah , p. 182.

[15]Munir, “Rights of Prisoners of War”, p. 471; Yamanai, “Humanitarian International Law”, p. 87; Sheikh Abdullah bin Muhammad bin Humaid, Jihad in the Qur’an & Sunnah , Riyadh: Darussalam, 1995, p. 7; Safi-ur-Rahman al-Mubarakpuri, al-Rahiq al-Makhtum/Eternal Light , Revised Edition, translated by Mohd Nor Long, revised by Mohd. Puzhi bin Usop, Selangor: al-Hidayah Publication, 1399H/1979, Reprint 2016, p. 221; Abu Mazaya al-Hafiz (compiler), Sirah and Biography of Prophet Muhammad , edited by Mohd Puzhi Usop, Selangor: al-Hidayah Publication, 2018, pp. 384-385; Akbar Shah Najeebabadi, The History of Islam , revision of Safi-ur-Rahman Mubarakpuri, edited by Abdul Rahman Abdullah & Muhammad Tahir Salafi, Riyadh, Houston, New York, Lahore & Dhaka: Darussalam, 2000, Volume 1, p 163; Ahmad Hatta, The Great Story of Muhammad peace be upon him: A Complete Reference to the Life of the Prophet peace be upon him from Before Birth to the Last Moments , edited by Erwyn Kurniawan, Jakarta: Maghfirah Pustaka, 2011, p. 301.

[16]Abu ‘Abd Allah Muhammad ibn Ahmad al-Ansari al-Qurtubi, al-Jami ‘ li-Ahkam al-Qur’an , Beirut: Dar al-Kutub al-‘Ilmiyyah, tt, Volume 7, pg 41.

[17]Qur’an, 6:108:

And do not revile the idols they worship other than God, because they will later revile God by going beyond the limits without knowledge. That’s how We make every people think their work is good. Then to their Lord is their place of return, then He tells them what they used to do.

[18]See Qur’an, 9:60.

[19]For example, see Qur’an, 4:92; 58:3-4.

[20]Additional Protocol II to the Geneva Convention, Article 4(2)(f); Rome Statute of the International Criminal Court, Article 7(1)(c).

[21]Qur’an, 2:256:

There is no compulsion to enter the religion (Islam). Indeed, it is clear (where) the guidance and (where) the error. So whoever denies taghut (other than Allah) and he believes in Allah, he has indeed held on to a very strong rope that will not break. And Allah is All-Hearing and All-Knowing.

See also Qur’an, 10:99-100:

And if your Lord wills, all people on earth will believe in their entirety. Do you force people to believe? (99)

And no one will believe except with the permission of God. And God inflicts punishment on those who do not believe. (100)

[22]Quran, 8:70.

[23]This is based on the hadith:

Whoever changes his religion (from Islam), then kill him.

al-Bukhari, Summarized Sahih al-Bukhari , hadith no. 1294, p. 613; Abu Dawud Sulayman ibn al-Ash’at al-Sajastani al-Azadi, Sunan Abi Dawud , Beirut: Dar Ibn Hazm, 1419H/1998, p. 657; Muhammad ibn ‘Ali ibn Muhammad al-Shawkani, Nayl al-Awtar , Beirut: Mu’assasat al-Tarikh al-‘Arabi, t.th., Volume 7, p. 216; Yusuf al-Qardawi, Jarimah al-Riddah wa ‘Uqubat al-Murtad fi Daw’ al-Qur’an wa-al-Sunnah , Beirut: Mu’assasat al-Risalah, 2001, p. 32; Muhammad Abu Zahrah, al-‘Uqubah , Cairo: Dar al-Fikr al-‘Arabi, t.th., p. 172; Said Ibrahim, The Crime of Apostasy from the Perspective of Sharia Law and Islamic Law , Kuala Lumpur: Darul Ma’rifah, 1998, p. 7.

[24]Abu Ja’far Muhammad ibn Jarir al-Tabari, Ta’rikh al-Umam wa’l-Muluk , Beirut: Dar al-Kutub al-‘Ilmiyyah, Volume 2, 1407H, pg 39; Ahmad Abu al-Wafa, Kitab al-I’lam bi-Qawa’id al-Qanun al-Duwali wa al-‘Alaqat al-Dawliyyah fi Shari’at al-Islam , Cairo: Dar al-Nahdah al-‘Arabiyyah, 2001, Volume 10, al-Harb fi al-Shari’at al-Islamiyyah, pg 203; Hamidullah, Muslim Conduct of State , pg 207; Ahmad Ibrahim, “Religious Beliefs and Humanitarian Law with Special Reference to Islam”, [1984] 11 Journal of Malaysian & Comparative Law 125-138, p. 134.

[25]Munir, “Rights of Prisoners of War”, pp. 485-486; Yamanai, “Humanitarian International Law”, p. 89; Abu al-Wafa, Kitab al-I’lam , Volume 10, pg 208; Hamidullah, Muslim Conduct , p. 207; Mohammad Naqib Ishan Jan, “The Status of Prisoners of War from the Shariah Perspective”, [2010] 1 Current Law Journal (Sya) i-xxiv, pp. viii-ix.

[26]Abu al-Wafa, Kitab al-I’lam , Volume 10, pp. 208-209; Naqib, “Status of Prisoners of War”, p. x; Ahmad, “Religious Beliefs and Humanitarian Law”, p. 135.

[27]Hamidullah, Muslim Conduct , p. 207; Abdul Haseeb Ansari, “Contemporary Issues in Terrorism and Their Islamic Perspectives: A Comparative Assessment” (2008) 4 Journal of Islamic Law Review 1-56 , p. 32; Yadh ben Ashoor, Islam and International Humanitarian Law , Geneva: International Committee of the Red Cross, 1980, p. 6.

[28]Naqib, “Status of Prisoners of War”, p. x; Ansari, “Contemporary Issues in Terrorism”, p. 32.

[29] Abu Bakr Muhammad ibn Ahmad ibn Abi Sahl al-Sarkhasi, Kitab al-Mabsut , Beirut: Dar al-Kutub al-‘Ilmiyyah, 1421H/2001, Volume 10, pg 229.

[30]al-Sarkhasi, Kitab al- Mabsut , Volume 10, pp. 241-3.

[31]Abu al-Wafa, Kitab al-I’lam , Volume 10, pg 114; Yamanai, “Humanitarian International Law”, p. 89.

[32]Yamanai, “Humanitarian International Law”, p. 89; Naqib, “Status of Prisoners of War”, p. xiii; Ansari, “Contemporary Issues in Terrorism”, p. 30.

[33]Hamidullah, Muslim Conduct , p. 216; Yamanai, “Humanitarian International Law”, p. 76.

[34]Yamanai, “Humanitarian International Law”, p. 77.

[35]Qur’an, 2:190:

And fight in the way of God those who fight you, and do not transgress the limits. Indeed, Allah does not like those who transgress the limits.

[36]Abu Dawud, Sunan Abi Dawud , hadith no. 2614, p. 403; Hamidullah, Muslim Conduct , pp. 298-300; Abu al-Wafa, Kitab al-I’lam , Volume 10, pp. 115 & 123; Ahmed al-Dawoody, The Islamic Law of War: Justifications and Regulations , United States: Palgrave Macmillan, 2011, p. 115; Mohammad Munir, “The Protection of Women and Children in Islamic Law and International Humanitarian Law: A Critique of John Kelsay”, 2002 XXV(3) Hamdard Islamicus 69-82, p. 75; ben Ashoor, Islam and International Humanitarian Law , p. 9.

[37] Abu Dawud, Sunan , hadith no. 2669, p. 411; al-Dawoody, Islamic Law of War , p. 113; Yamanai, “Humanitarian International Law”, p. 74.

See also al-Bukhari, Summarized Sahih al-Bukhari , hadith no. 1293, p. 613; Abu Dawud, Sunan , hadith no. 2668, p. 411.

[38]al-Dawoody, Islamic Law , p. 113.

[39]Yamanai, “Humanitarian International Law”, p. 75; Hamidullah, Muslim Conduct , p. 224; Abu al-Fida Ismail ibn Kathir, Tafsir Ibn Kathir , summary of Safi-ur-Rahman al-Mubarakpuri, 2nd Edition, Riyadh: Darussalam, 2003, Volume 2, pg 261.

[40]Abu Muhammad ‘Abd al-Malik ibn Hisham ibn Ayub al-Himyari, al-Sirat al-Nabawiyyah , edited by Mustafa al-Saqqa, Ibrahim al-Abyari & ‘Abd al-Hafiz Shalabi, Beirut: Dar al-Khayr, 1416H/1996 , Volume 3, pp. 151-154; Ibn Jarir al-Tabari, Tarikh , Volume 2, pg 406; Jamal al-Din Abu al-Farj ‘Abd al-Rahman ibn ‘Ali al-Jawzi, al-Muntazam fi Tawarikh al-Muluk wa-al-Umam , edited by Suhayl Zakkar, Beirut: Dar al-Fikr, 1416H/1996, Vol. 2, p. 738; Abu al-Fida’ Isma’il ibn Kathir, al-Bidayah wa-al-Nihayah , Cairo: Dar al-Taqwa, 1999, Volume 4, pp. 81-87; Majid Ali Khan, Muhammad the Final Messenger , Lahore: Sh. Muhammad Ashraf, 1983, pp. 197-202; Najeebabadi, History of Islam , Volume 1, pp. 183-184.

[41]Ahmad Hatta, Great Story of Muhammad saw , pg 347.

[42]Yamanai, “Humanitarian International Law”, pp. 83-84.

[43]Qur’an, 59:2:

It is He (Allah) who has removed the disbelievers among the People of the Book from their dwellings at the beginning of their gathering (to fight the Messenger of Allah). You (O Muslims) did not think that they would come out (because of their strong defense), and they thought that their fortresses would be able to protect them from Allah. So Allah inflicted (His punishment) on them from a direction they did not expect, and (Allah) threw fear into their hearts. They destroyed their houses with their own hands and the hands of the believers. So take a lesson (from this event), O people who are literate.

[44]Yamanai, “Humanitarian International Law”, p. 74.

[45]Yamanai, “Humanitarian International Law”, p. 74.

[46] Ahmad Hatta, Great Story , pg 347; Abu Dawud, Sunan , hadith no. 2615, p. 403.

[47]Qur’an, 59:5:

Any palm tree (belonging to the enemy) that you cut down or you leave standing upright in its original state, then that is by the permission of Allah (because He wants to give victory to the believers), and because He wants to inflict humiliation on wicked people.

[48]Qur’an, 59:3:

And if it wasn’t because God had decreed expulsion (which was so bad) against them, He would certainly have tortured them in the world; and they will suffer the torment of hell in the hereafter.

[49]Qur’an, 2:173:

Indeed, Allah forbids you (from eating) carrion, and blood, and pork, and (meat) of animals slaughtered with names other than Allah. So whoever is forced (to eat these forbidden things) while he does not desire it and does not exceed the limit (in the amount of things eaten), then he does not sin. Indeed, Allah is Forgiving, Merciful.

Qur’an, 5:3, in part:

Forbidden to you (from eating) carcasses (that is, animals that were not slaughtered), and blood (flowing out), and pork, and (meat) of animals that were slaughtered with names other than Allah … So whoever is forced to (eat these forbidden things) because of hunger without wanting to commit sin (then he may eat them), because verily Allah is Oft-Forgiving, Most Merciful.

[50]Najeebabadi, History , Volume 1, pg 222.

[51]Khalid Muhammad Khalid, Men around the Messenger , Kuala Lumpur: Islamic Book Trust, 2005, pp. 397-398.

[52]Najeebabadi, History , Volume 1, pp. 221-222; Ahmad Hatta, Great Story , pp. 490-492.

[53]Qur’an, 2:190-193:

And fight in the way of God those who fight you, and do not transgress the limits. Indeed, Allah does not like those who transgress the limits. (190)

And kill them wherever you find them, and drive them out as they drove you out; and oppression is more dangerous than murder. And do not fight them around Masjid al-Haram until they fight you there. If they fight you (there), then kill them. Such is the reward for those who disbelieve. (191)

Then if they stop (from fighting you, then you stop from killing them), because verily Allah is Oft-Forgiving, Most Merciful. (192)

And fight them until there is no more oppression and (until) it becomes a religion for God alone. Then if they stop (from fighting you), then there will be no more enmity except against the wrongdoers. (193)

See Abu ‘Abd Allah Muhammad ibn Ahmad al-Ansari al-Qurtubi, al-Jami ‘ li-Ahkam al-Qur’an , Beirut: Dar al-Kutub al-‘Ilmiyyah, tt, Volume 2, pg 232; Jalaluddin as-Sayuthi, Asbab Nuzul al-Quran , Kuala Lumpur: Darul Fajr, 2008, p. 81; Mohammad Talaat al-Ghunaimi, The Muslim Conception of International Law and the Western Approach , The Hague: Martinus Nijhoff, 1968, p. 166.

[54]al-Dawoody, Islamic Law , p. 119.

[55]al-Qurtubi, al-Jami ‘ li-Ahkam al-Qur’an , Volume 2, pg 232; as-Sayuthi, Asbab Nuzul al-Quran , p. 81; al-Ghunaimi, Muslim Conception of International Law , p. 166.

[56]Qur’an, 16:126-128:

And if you retaliate against (the opponent’s) evil, then you should retaliate with the same retribution as was inflicted on you; and if you are patient, (then) indeed it is better for those who are patient. (126)

And be patient (O Muhammad), and your patience will not succeed except with (the help of) God; and do not be saddened by their (disbelief), and do not be distressed by the deception they do. (127)

Indeed, Allah is with those who are pious and those who improve their deeds. (128)

[57]Jalaluddin as-Sayuthi, Asbab Nuzul al-Quran , Kuala Lumpur: Darul Fajr, 2008, pp. 453-455.

[58] Ibid. ; Zulkifli Mohd Yusoff & Muhammad Mukhlis, Asbab Nuzul: Reasons for the Descension of Al-Quran Verses , Selangor: Publishing House, 2019, p. 441 .

[59]Ahmad Hatta, Great Story , pp. 353-355; Najeebabadi, History , Volume 1, pg 191; Khan, Muhammad the Final Messenger , p. 216; al-Mubarakpuri, al-Rahiq al-Makhtum / Eternal Light , p. 301 ; Ibn Jarir al-Tabari, Tarikh , Volume 2, page 418.

[60]Ahmad Hatta, Great Story , pg 357; al-Mubarakpuri, al-Rahiq al-Makhtum , pp. 302-303; Najeebabadi, History , Volume 1, pp. 191-193 .

[61]Ahmad Hatta, Great Story , p. 360 .

[62] Ibid. , p. 357; Khan, Muhammad , p. 220; Najeebabadi, History , Volume 1, pg 193 .

[63]Ahmad Hatta, Great Story , pg 360; Khan, Muhammad , p. 220; al-Mubarakpuri, al-Rahiq al-Makhtum , pp. 306-307.

[64]Hadith:

The pen is lifted (not subject to obligation) from three people, that is: from a person who sleeps until he wakes up, and from a small child until he dreams, and from a madman until he comes to his senses”.

See Abu Dawud, Sunan , hadith no. 4403, p. 665.

[65]Ibn Kathir, The Battles of the Prophet , 2nd Edition, translation of Wa’il ‘Abdul Mut’aal Shihab, El-Mansoura, Egypt: Dar Al-Manarah, 1421/2001, p. 30.

[66]Qur’an, 2:251:

So they (Talut’s army) defeated Jalut’s army with God’s permission, and Prophet Dawud killed Jalut…

[67]Abu ‘Abd Allah Muhammad ibn Ahmad al-Ansari al-Qurtubi, al-Jami ‘ li-Ahkam al-Qur’an , Beirut: Dar al-Kutub al-‘Ilmiyyah, tt, Volume 3, pg 168.

[68] Ibid. ; Abu Ja’far Muhammad ibn Jarir al-Tabari, Tarikh al-Tabari al-Ma’ruf bi-Tarikh al-Umam wa-al-Muluk , edited by ‘Abda’ ‘Ali Mahana, Beirut: Mu’assasat al-A’lami li-al-Matbu’at, 1418H/1998, Volume 1, pg 337; Abu al-Fida’ Isma’il ibn Kathir, al-Bidayah wa-al-Nihayah , Cairo: Dar al-Taqwa, 1999, Volume 2, pg 10.

[69]al-Qurtubi, al-Jami ‘ li-Ahkam al-Qur’an , Volume 3, p. 168; Ibn Jarir al-Tabari, Tarikh , Volume 1, pg 337.

[70]Ibn Jarir al-Tabari, Tarikh , Volume 1, pg 337; Ibn Kathir, al-Bidayah wa-al-Nihayah , Volume 2, p. 10; al-Qurtubi, al-Jami ‘, Volume 3, page 168.

[71]al-Dawoody, Islamic Law , p. 112; Zakaria Bashier, War and Peace in the Life of the Prophet Muhammad , United Kingdom: The Islamic Foundation, 2006/1427H, Reprint 2007/1428H, p. 79.

[72] Khalid Muhammad Khalid, Men around the Messenger , Kuala Lumpur: Islamic Book Trust, 2005, p. 110.

[73]Ibn Kathir, Battles of the Prophet , pg 30.

[74] Bashier, War and Peace , p. 79.

[75]Abu ‘Abd Allah al-Hakim Muhammad ibn ‘Abd Allah ibn Muhammad, al-Mustadrak ‘ala al-Sahihayn , Beirut: Dar al-Kutub al-‘Ilmiah, Volume 2, pg 114.

[76]The original rule of participating in armed jihad is fard kifayah, based on the Qur’an, 4:95:

It is not the same situation for the believers who sit back (do not participate in the war) without any problems with those who fight in the way of Allah with their wealth and souls. Allah prefers those who fight with their property and their lives over those who stay seated by one degree. And each one (of the two groups) God promises goodness, and God gives those who strive more than those who stay seated with a great reward.

See Fakhr al-Din ‘Uthman ibn ‘Ali al-Zayla’i al-Hanafi, Tabyin al-Daqa’iq on the margins of Sharh Kanz al-Daqa’iq , edited by al-Shaykh Ahmad ‘Azr ‘Inayah, Beirut: Dar al- Qutub al-‘Ilmiyyah, 1420H/2000, Volume 4, pg 80. See also al-Ghunaimi, Muslim Conception , pg 141.

[77]al-Bukhari, Summarized Sahih , hadith no. 1288, p. 611; Abu Dawud, Sunan , hadith no. 2529, p. 390.

[78]al-Bukhari, Translation of Sahih Bukhari , Volume 4, Chapter 52, hadith no. 41, https://www.iium.edu.my/deed/hadith/bukhari/052_sbt.html, viewed on 26 December 2021.

[79] Bashier, War , pp. 78-79.

[80]Azrul Azlan Iskandar Mirza, War of Badr , Negeri Sembilan: Al Azhar Media, 2009, p. 137.

[81]Mu’awwidh is also referred to as ibn ‘Afra’, which is after his mother’s name. See Ibn Jarir al-Tabari, Tarikh , Volume 2, pg 325.

[82]Azrul Azlan, War of Badr , p. 137.

[83]Ahmad Hatta, Great Story , pg 293; Ibn Jarir al-Tabari, Tarikh , Volume 2, pg 332; Najeebabadi, History , Volume 1, pg 161; al-Bukhari, Summarized Sahih , hadith no. 1330, p. 629-630 & hadith no. 1602, p. 756; Abu Dawud, Sunan Abi Dawud , hadith no. 2680, p. 413.

[84]Ibn Jarir al-Tabari, Tarikh , Volume 2, pg 332; Azrul Azlan, War of Badr , p. 139; Najeebabadi, History , Volume 1, pg 161.

[85]Ahmad Hatta, Great Story , pg 296; al-Mubarakpuri, al-Rahiq al-Makhtum , pg 215.

[86]Ahmad Hatta, Great Story , pg 296.

[87] Ibid .

[88] al-Bukhari, Summarized Sahih , hadith no. 1217, p. 586; Ibn Kathir, Battles , pp. 34-35.

[89]http://al-badar.net/kisah-sahabat-anas-bin-malik/, viewed at June 29, 2017; Matthew Wallis, “ Anas Ibn Malik and contribution to Hadith literature and compilation”, http://www.academia.edu/10718670/Anas_Ibn_Malik_and_contribution_to_Hadith_literature_and_compilation, viewed 29 June 2017.

[90]Maktabah Abi Humaid, https://abihumaid.wordpress.com/2011/02/11/anas-bin-malik-wafat-93-h-2/, viewed on 29 June 2017.

[91]al-Bukhari, Summarized Sahih , hadith no. 1248, p. 597.

[92]Abu Dawud, Sunan , hadith no. 2731, p. 423 ; http://www.authentictauheed.com/2012/12/432-hadeeth-number-22.html, viewed 30 June 2017.

[93] http://www.authentictauheed.com/2012/12/432-hadeeth-number-22.html, viewed 30 June 2017.

[94]Khalid, Men around the Messenger , pg 402; Ahmad Hatta, Great Story , pp. 557-558; al-Mubarakpuri, al-Rahiq al-Makhtum , pp. 460-461.

[95] Bashier, War , p. 79.

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