All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Islamic rulings predate secular law; therefore, it is necessary to review Islamic rulings on the matters addressed by international humanitarian law.

International humanitarian law can be summarized as follows: military operations must not target non-combatants or their property. As for those who were never combatants, such as children or those who have left the battlefield due to capture or illness, they must not be targeted but rather treated with kindness and in a manner befitting human dignity.

Even in the means of combat, it is necessary to avoid methods that go beyond what is necessary to neutralize the enemy's fighting force, such as torture, weapons of mass destruction, and biological warfare.

The law also includes the necessary means for its implementation and as well as monitoring compliance with it.

Let us review some of the Islamic rulings related to the topic of combat:

First: The foundation of relationships between people in light of Islamic law is based on brotherhood, love, cooperation, and mutual striving for the betterment of the collective. This ensures their happiness on earth and in the Hereafter. Allah The Almighty Says (What means): "O mankind, We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is All-Knowing and Well-Acquainted." [Al-Hujurat/13]. Thus, they are brothers who must share the qualities of love and cooperation found among siblings. Taqwa (piety) is adherence to the laws of Allah, summarized as worshiping Him and benefiting His creation. Therefore, it is said: Two things you should never approach: associating partners with Allah and harming others.

Second: Achieving this goal—happiness in both this world and the Hereafter—requires adherence to the divine laws revealed by Allah to His messengers in every generation in a manner suitable to their time. For this reason, Allah said to our father Adam and our mother Hawwa (Eve) — and the message is directed to their descendants thereafter (What means): "So, if there comes to you guidance from Me, then whoever follows My guidance will neither go astray [in this world] nor suffer [in the Hereafter]. But whoever turns away from My remembrance will have a miserable life, and We will resurrect him on the Day of Resurrection blind." [Taha/123-124].

Third: The principles brought by the messengers were embraced by many throughout history, and they found happiness through them. However, the challenges lie in two main issues:

The opposition of those who benefit from disbelief against the advocates of faith.

Disputes arising from misunderstandings among the believing groups.

Fourth: Regardless of the circumstances, wars between humans are an undeniable reality and, at times, a necessary inevitability. Allah The Almighty Says (What means): "Permission [to fight] has been given to those who are being fought because they were wronged. And indeed, Allah is competent to give them victory. [They are] those who have been evicted from their homes without right—only because they say, 'Our Lord is Allah.'" [Al-Hajj/39-40]. Muslims were initially forbidden from fighting, but it became essential after the migration to Medina and the establishment of the Islamic state.

Fifth: The principle in Islamic legislation is that "necessities permit prohibitions" and "necessities are assessed according to their extent." If war becomes an unavoidable necessity, the following considerations must be observed:

War should be the last resort, preceded by efforts of invitation to faith and reconciliation.

Only those who fight from among the enemies should be fought. Allah Says (What means]: "Fight in the way of Allah those who fight you, but do not transgress. Indeed, Allah does not like transgressors." [Al-Baqarah/190].This general command applies to both states and individuals.

Non-combatants, such as women, children, and the elderly, should not be fought. It is narrated in Bukhari and Muslim from Ibn Umar (may Allah be pleased with them) that: "A woman was found killed in one of the battles of the Messenger of Allah (PBUH), so he forbade the killing of women and children." 

Additionally, Abu Bakr (may Allah be pleased with him) advised his army while bidding them farewell, saying: "Do not betray, do not steal from the war spoils, do not act treacherously, do not mutilate, and do not kill a small child, an elderly man, or a woman. Do not cut down palm trees, burn them, or cut fruitful trees. Do not slaughter sheep, cows, or camels except for food. You will pass by people who have secluded themselves in monasteries; leave them to what they have devoted themselves to."

Muslim children and women should not be involved in combat, except in rare and exceptional circumstances. Similarly, individuals with physical disabilities, such as the lame or the ill, are not required to participate in combat, ensuring their safety from the consequences of war.

Accepting peace that ensures legitimate rights. Allah Says (What means): "And if they incline to peace, then incline to it [also] and rely upon Allah. Indeed, it is He who is the Hearing, the Knowing." [Al-Anfal/61]. However, peace is not permissible under conditions of injustice. Allah Says (What means): "Expel them from wherever they have expelled you." [Al-Baqarah/191].

Treachery is not permitted. Allah Says (What means): "And if you fear treachery from a people, then break off [the treaty] with them in a fair way. Indeed, Allah does not like traitors." [Al-Anfal/58]. Avoiding treachery protects lives and maintains trust.

Sixth: Avoiding the use of cruel methods in warfare.

If the Prophet Muhammad (PBUH) said regarding animals:

"Indeed, Allah has prescribed excellence in all things. So if you kill, kill in the best manner, and if you slaughter, slaughter in the best manner. Let one of you sharpen his blade and let him spare suffering to the animal he slaughters." [Moslim], then it is even more appropriate to respect human beings, even in the manner of their killing.

Seventh: Building a deterrent force to prevent the enemy from initiating war. Allah The Almighty Says (What means): "And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows." [Al-Anfal/60]. The phrase "whatever you are able of power" encompasses the strength of faith, the strength of unity and shared purpose, the strength of weaponry, the strength of knowledge, and all forms of strength. When such strength is achieved, the enemy will not consider engaging in war, thereby ensuring peace for both sides.

Eighth: Complete forgiveness for combatants who embrace Islam.

Allah The Almighty Says (What means): "Say to those who have disbelieved that if they cease, their past will be forgiven." [Al-Anfal/38]. The Prophet Muhammad (PBUH) said: "Islam wipes away what came before it." [Ahmad]. The Prophet (PBUH) also forgave Wahshi, the killer of his uncle Hamza ibn Abdul Muttalib.

Ninth: Kindness towards prisoners.

Allah The Almighty (What means): "And they give food in spite of love for it to the needy, the orphan, and the captive, [saying], 'We feed you only for the sake of Allah." [Al-Insan/8-9]. The Prophet Muhammad (PBUH) said: "Treat prisoners kindly." [Al-Tabarani].

Tenth: Gentleness towards women in particular.

An example of this is the Prophet Muhammad’s (PBUH) kindness to the daughter of Hatim Al-Tai, which led to her brother Adi embracing Islam. Additionally, he honored Safiyyah Bint Huyayy by making her one of the Mothers of the Believers and showed respect to Ikrima`s wife, daughter of Abu Jahl.

Eleventh: Not punishing someone for the sin of another.

Allah Says (What means): "And no bearer of burdens will bear the burden of another." [Al-An’am/164]. An example of this is the Prophet Muhammad’s (PBUH) pardon of the woman who mutilated the body of Hamza (may Allah be pleased with him). Similarly, Salah Al-Din (Saladin) showed generosity to the Crusaders when he reclaimed Jerusalem, despite the atrocities their predecessors committed during their conquest of the city 90 years earlier.

Twelfth: Avoiding the destruction of property except when necessary.

Allah The Almighty Says (What means): "And when he turns away, he strives throughout the land to cause corruption therein and destroy crops and animals. And Allah does not like corruption." [Al-Baqarah/205]. The Prophet Muhammad (PBUH) also said: "Whoever kills a sparrow or anything larger than it without a just cause, Allah will hold them accountable for it on the Day of Judgment." [An-Nasa’i].

Thirteenth: Every Muslim has the right to grant safety to any combatant from the enemy who ceases fighting.

The Prophet Muhammad (PBUH) said: "The covenant of protection given by the Muslims is one, and it is extended by the least of them. Whoever betrays a Muslim will have upon them the curse of Allah, the angels, and all people. Allah will neither accept obligatory acts nor voluntary ones from them." [Al-Bukhari].

Fourteenth: Muslims are obligated to secure the release of their captives, even if it requires paying a ransom to the enemy or exchanging prisoners. This alleviates the suffering of captives on both sides.

These rulings have been implemented by Muslims since the dawn of Islam over fourteen centuries ago because they are the commands of Allah, which cannot be disregarded. In contrast, international humanitarian law has been in existence for less than a century, and its application has not been satisfactory. Atrocities have been committed despite its presence, and some violators remain free and unpunished. Moreover, the law contains certain loopholes in the conditions for prosecuting violators. On the other hand, the rulings of Islamic Sharia are upheld by every Muslim, as they firmly believe that Allah is ever-watchful over them and will recompense them — be it good for good or evil for evil.

In any case, the general principles of international humanitarian law align with the rulings of Islamic Sharia, as mentioned. There is no objection to agreeing with it, and its existence is necessary. Adhering to it is essential in this era of advanced warfare. Our military approach should embody the words of the one who said: "History has not known a conqueror more merciful than the Arabs."