The Rights of the Non- Moslems Prisoners’ Rights in Islamic Law

Abstract

In this research, I attempt to define who the captive or prisoner of war

(POW) is, why this case is allowed in Islam and its circumstances. These will

lead to the fact that these prisoners have their own rights. I explained in the first

and the second parts of my study the rights of (POW) and their exemplifications

that are based on Islamic jurisprudence and its moral system. In the third

part, which is the most important, I explained an important concept that

helps us in participating in any international activity or body for ending the

injustices toward (POW) . Moreover, I tried to clarify the differences between

what is essential or basic and what is exceptional. The fifth part sheds light

on the detailed, practical issues concerning (POW) during the Prophet’s life

(PBUH) and the four Caliphs era. The sixth part exposes fantastic historical

applications of the teaching of Islam toward (POW) without ignoring some of

the faults committed. At the end of the research, there is a conclusion which

emphasizes that the majority of scholars believe that the state of (POW),

as Allah declares in the Holy Quran, is either (generosity or ransom). The

research also gives a legislative explanation for the way (POW) are treated

in the Islamic legistlation.