Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :10 Issue : 26 1995      Add To Cart                                                                    Download

The Judgement of Destroying Non-Military properties of Non-Muslim “Harbiyyen” (Warriors)

Auther : Dr. Hassan Abdul-Ghany Abu Ghuddah

 

The Judgement of Destroying Non-Military properties of Non-Muslim “Harbiyyen” (Warriors)

Dr. Hassan Abdul-Ghany Abu Ghuddah

 

Definitions:

Destroying: Includes all acts leading to material or functional damage of the properties.

Non-Military: Things or services of the enemies which are not used in military operations regardless of their value to Muslims.

Harbiyyeen: Non-Muslim citizens of a non-Musim country who are in a state of actual or cold war with a Muslim state.

All scholars agreed that it is permitted to destroy all kinds of properties the enemies use in military operations.

As for destroying the properties which are not used in war, the Muslim jurists are two major views:

First, absolute prohibition of destroying non-living things and animals. This opinion is attributed to ‘Abu Bakr Al-Siddiq,’ Abdulla ibn Mas’ud, and of the scholars: Al-‘Awza’I, Al-Layth,”Abu Thawr, and one of ‘Ahmad ibn Hanbal’s two opinions. But this is not the stronger view.

Second, approving the principle of destruction, with different views about the articles to be included in this permission. The majority of Companions, Tab’een and Muslim scholars are on this opinion.

The writer chooses and supports the opinion of the Hanafi and Maliki schools which permits destroying all properties the enemy uses in military operations: whether animals and non-living things provided that this will serve any military interest, event just to enrage the enemies. The writer does not agree with Maliki scholar’s opinion which permits burning enemy’s bees just to get honey.

The writer’s choice is based upon some considerations, among them: Neglecting any opinion that may contradict with any direct statement about this point in Al-Qur’an or in Al-Sunnah, or availability of some additional events or analogous points that support the Hanfi and Maliki argumentation against the Shafi’I and Hanbali ones.

The Islamic principle of permitting the destruction of enemies’ non-military properties, with scholars’ different opinions about the range of application in mind, is certainly an exceptional situation, only permitted and not imposed. The decision is left to the responsible authorities’ calculations. No doubt, putting pressure upon the enemy, in some cases, through calculated destruction of some properties, is better

Than living them to help enemies continue, sooner or later, the actions of war causing more killings, damages, and losses. Such preventive procedures are used in both past and present international proceedings. Again such permitted destruction is not at all for the sake destruction or corruption; it is rather a way of stopping deviation in the international relations, something like cure which aims at liberating body from disease. Allah says.”….. Nay, he has brought them the Truth, but most of them hate the Truth. If the Truth had been in accord with their desire, truly the heavens and the earth, and all beings therein, would have been in confusion.” (Al-Mu’minum: 70-71); He also says:”….and did not Allah check one set of people by means of another, the earth would indeed be full of mischief.” (Al- Baqarah:251).

Journal of Law
Journal of Law

You are Visitor No.

81821

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Nov 04, 2019

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law