Islamic Injunctions on Prisoner’s Immunity and Termination of captivity in War: The Case Study of Afghanistan

Authors

  • Muhammad Tariq Ramzan Assistant Professor, Department of Islamic Studies, The University of Lahore-Sargodha Sub Campus, Sargodha, Pakistan.
  • Amir Hayat Assistant Professor, Institute of Arabic and Islamic Studies, Government College Women University, Sialkot, Pakistan.
  • Hafiza Sumera Rabia Assistant Professor, Institute of Arabic and Islamic Studies, Government College Women University, Sialkot, Pakistan.

DOI:

https://doi.org/10.53583/jrss03.0102.2021

Keywords:

War, Prisoners, Immunity, Afghanistan, International humanitarian law, Islamic Legislation

Abstract

Afghanistan remained an arena for international powers for the last two centuries. The climax period of the militant activities in this soil was from September 2001 to August 2021. Millions of human entities took part in this escalation and a large number of human fabric became captive by the detaining powers during this period. At the end of the armed climax, the emerging political & military coalition on this soil declared its stance about the method of governance after 15 August 2021 which would be based upon Islamic resources. In the perspective of this armed conflict, the question of prisoner’s immunity and termination of captivity in war attracted the attention of global powers. What options be available to prisoners of war about termination of war captivity under Islamic International Humanitarian Law (IIHL) and Conventional International Humanitarian Law (CIHL), is the mainstay of this paper. To answer the question, Islamic jurisprudence provides five methods to dissolve the detention and captivity in war. These methods are respectively freedom gratis, ransom, exchange of prisoners of war, execution, and enslavement. According to Islamic military guidance, freedom gratis remains the general practice in entire Islamic military history. Contrary to it, Ransom and exchange of prisoners of war were occasionally utilized and not the general practice in the entire military history of Islam. The execution and enslavement were pre-Islamic methods and practices. A set of Islamic injunctions were revealed to reform them (Execution & Enslavement) and hence they have been invoked as the source of reference in Islamic prudential literature. Along with, principles of conventional international humanitarian law are also associated with this discourse. Under these facts, this paper is a strenuous effort to embark on the solution of the matter which would be acceptable to all stakeholders regarding Afghanistan. 

Author Biographies

Muhammad Tariq Ramzan, Assistant Professor, Department of Islamic Studies, The University of Lahore-Sargodha Sub Campus, Sargodha, Pakistan.

He is currently working as an Assistant Professor in the Department of Islamic Studies at the University of Lahore, Sub Campus Sargodha. His main areas of Research are Haḍīth Sciences, Seerah Studies, Islamic Jurisprudence & History, Orientalism, and Socio-Religious Problems. He has published more than ten research articles in HEC Recognized Journals/National & International Journals and participated in prominent International Conferences. He has supervised 35 M.Phil/MS scholars. He has also participated in many national and international workshops on research and development.

Amir Hayat, Assistant Professor, Institute of Arabic and Islamic Studies, Government College Women University, Sialkot, Pakistan.

He is currently working as an Assistant Professor in the Institute of Arabic and Islamic Studies at the Government College Women University, Sialkot His main areas of Research are Human resource development and management, Islamic economics and Socio-Religious Problems. He has published more than ten research articles in HEC Recognized Journals/National & International Journals and participated in prominent International Conferences. He has supervised more than dozen M.Phil./MS scholars. He has also participated in many national and international workshops on research and development.

Hafiza Sumera Rabia, Assistant Professor, Institute of Arabic and Islamic Studies, Government College Women University, Sialkot, Pakistan.

She is currently working as an Assistant Professor in the Institute of Arabic and Islamic Studies at the Government College Women University, Sialkot. Her main areas of Research are Quranic Studies, Socio-Religious Problems and Theology. She has published six research articles in HEC Recognized Journals/National & International Journals and participated in prominent International Conferences. She has been member of Madrasa discourse program.

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Published

2021-12-31

How to Cite

Ramzan, M. T., Hayat, A. ., & Rabia, H. S. (2021). Islamic Injunctions on Prisoner’s Immunity and Termination of captivity in War: The Case Study of Afghanistan. Journal of Religious and Social Studies, 1(02 Jul-Dec), 17–36. https://doi.org/10.53583/jrss03.0102.2021

Issue

Vol. 1 No. 02 Jul-Dec (2021): Journal of Religious and Social Studies-JRSS

Section

Articles

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