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  Muslims’ Duty to Rescue the Captives and Release them
ÇáÓÄÇá : What is The Muslims’ Duty to Rescue the Captives and Release the Detainees from the Prisons of the Crusaders?
ááÔíÎ : Dr. AHMED-A-NAJEEB
ÇáÇÌÇÈÉ :

Praise be to Allah, we seek Allah’s aid and forgiveness, we seek refuge with Allah from the evils of ourselves and our deeds, and such as God doth guide there can be none to lead astray, I testify that there is no God but Allah and Mohamed is Allah’s apostle and servant.

“O ye who believe fear God as he should be feared, and die not except in a state of Islam” [Sura Alimran: 102]

“O mankind reverence your guardian Lord, who created you from a single person, created, of like nature, his mate, and from them twain scattered (like seeds) countless men and women; reverence God, through whom ye demand your mutual (rights), and (reverence) the wombs (that bore you): for God ever watches over you” [SURA NISA: 1]

“O ye who believe fear God, and (always) say a word directed to the Right: That He may make your conduct whole and sound and forgive you your sins: he that obeys God and His Apostle, has already attained the highest achievement” [Sura Ahzab: 70-71]

Simultaneously with the succession of the events and the mad rush of the nations upon the people of Islam, the Islamic Ummah has subject to more than catastrophe, and suffered from serious calamities. The most horrible one is falling hundreds of Muslims in the captivity, and being detained in prisons where there is no observance of human rights aspect.

No doubt that the sufferance of the Muslims nowadays is an unprecedented and tremendous matter, since the nations rush madly upon the Islamic Ummah and declared jointly the enmity. Many people from the whole world Jews, Christians, idolaters, atheists joined that reckless campaign, as well as the Arab and Muslim rulers who support and agree with them.

The worst thing resulted from the fierce war against the Islam and its people is the detention of the religious people, killing and torture them and moving hundreds of Muslims from their homes to prisons and cells before the eyes of the Muslim leaders and rules, as well as the rabbles and the oppressed without any positive reaction to release the weak captives and aid the oppressed detainees.

Aiding the captives is a collective duty on Muslims, everyone should aid according to his power and ability. Muslims are described by Allah as the best of people “Ye are the best of peoples, evolved for mankind”. The legal texts in Islam confirm that the Muslim should aid and help his Muslim brother, and it is prohibited to abandon him or leave him in the hands of the enemy, Allah says: “but if they seek your aid in religion, it is your duty to help them” [Sura Anfal: 72]

Allah's Apostle said, “A Muslim individual is brother for his Muslim brethren. One must not oppress him, harass him, cause any harm to him, leave him alone in case of need or discern him”

Imam Al-Nawawy said: “scholars stated that “must not leave him alone” means: not to abandon his help and support, and means: if he asked for the help to push away an evil and so on a Muslim must help him to the best of his abilities if he hasn’t any lawful pretext”. [Sahih Muslim explanation: 16/120]

The Imams of Muslims concluded from this that the Muslim should aid his Muslim brother even if he would commit prohibited things if necessary.

Imam Bukhari said in his book “Sahih”: “If a man thinks that his brother will be killed, or harmed, he should protect him, fight for him, and not to abandon him. If he fights the oppressor, he will not receive any punishment”

In addition, if he is enabled to choose between drinking alcohol, eating dead meat, selling his slave, confession with a liability, grant a gift or killing his brother in Islam, he shouldn’t choose the last option since Allah’s apostle said: “A Muslim is a brother of another Muslim”

Narrated Jaber bin Abdullah,
The prophet – may Allah exalt his mention – said “Whoever a Muslim abandons a Muslim where his sanctity is violated and his honor is dishonored; Allah will abandon him where he likes to be aided. And whoever aids a Muslim where his sanctity is violated and his honor is dishonored; Allah will aid him where he likes to be aided.”

Narrated Abi Umama Bin Sahl,
The prophet – may Allah exalt his mention – said “who humiliated a believer and didn’t aid him despite he could do, Allah will humiliate him in front of people on the judgment day”

Imam Menyawy said explaining the aforementioned Hadith: “abandoning the Muslims is strictly prohibited worldly and religiously”.

If a Muslim, who lives in an ease living, puts himself in the shoes of the bound captive and perceives the brotherhood that joins between them, he will pay valuable and precious things to drive away the grief of his brother.

If the above general religious texts are only what we have in the Islamic law, it will be sufficient to stimulate the Muslims to help and aid their brothers. However, there are many special evidences that confirm the obligatory of aiding the Muslims and removing the oppression.

Allah the almighty said: “And why should ye not fight in the cause of God and of those who, being weak, are ill treated (and oppressed)? whose cry is: our Lord rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect; and raise for us from thee one who will help” [Sura Nisa : 75]

Al-Qortoby said: “Ransoming captives is obligatory on Muslims whether by fight or by spending property. However, property is more obligatory since it is below the soul and lesser than it. Malek said: it is a religious obligation on people to ransom the captives and this matter is generally accepted…also they said “they should console them, since consolation is below ransoming”

The Prophet said: "Feed the hungry, visit the sick, and set free the captives."

Al-Hafez Bin Hajar said: [Sufian said: “the captive is the detainee”, Ibn Battal said: “ransoming captives is a collective duty”. Consensus of Muslim Scholars said the same thing. Ibn Ishaq Bin Rahawia said: “ransoming them should be from the Islamic treasury”]. [Al-Fath Book: 6/176]

Narrated Ash-Sha'bi:
“Abu Juhaifa said, "I asked Ali (Emir of the Believers), 'Have you got any book (which has been revealed to the Prophet apart from the Qur'an)?' 'Ali replied, 'No, except Allah's Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).' Abu Juhaifa said, "I asked, 'What is (written) in this sheet of paper?' Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies, and the law that no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever).”


The methods of aiding captives are many for example but not limited to:

1- Intensify the invocation for the Muslim captives individually and collectively in our prayer, at pulpits, and in all habitats where the invocation is most likely answered.

Narrated Abu Huraira: Allah's Apostle said, "O Allah! Save Aiyyash bin Abi Rabia (from the unjust treatment of the infidels). O Allah! Save Salama bin Hisham. O Allah! Send your Punishment on (the tribe of) Mudar. O Allah! Let them suffer from years (of drought) similar to that inflicted during the life-time of Joseph."

2- Save the Muslim captives from the hands of the atheists by paying ransom to release them. Allah ordinates Muslims to do so, Allah says: “But he hath made no haste on the path that is steep * and what will explain to thee the path that is steep? It is: freeing the bondman” [Sura Al-Balad: 11-13]

If there is Islamic treasury, the ransom should be paid from it, Umar Bin Al-Khattab said: “Rescuing a Muslim from the hands of the theists is most preferred than the whole island of Arab” also he said: “The ransom of the Muslim captives should be paid from the Islamic treasury” although the predication of these two statements is week but the scholars took them as evidence as it will be cleared later from their statements.

Ibn Hazm said: “giving ransom to the enemy to release the Muslims is compulsory” [Marateb Al-Ijmaa; P 122]

Al-Mabsout book [30/271]: “If a Muslim falls as a captive in the hands of the enemy who intended to kill him, every Muslim knows about the situation of that captive should pay a ransom to release him if he is able to do so. If he is not able he just tells who has the ability to do so. If some people ransom the captives, the responsibility will drop from the shoulders of other Muslims”
Al-Nawawy (Al-Rawda 10/216):
He mentioned that Jihad is compulsory to release the captives, and he said: “Paying ransom is obligatory if we can set free the captives by it”.

Ibn Qudama (Mughni 9/228):
“It is obligatory to ransom captives, if it is possible. This was also said by Umar Bin Abdel Aziz, Malik and Ishaq. Narrated Ibn Al-Zobair: that he asked Al-Hasan Bin Ali “who should set free the captives?” he said: “the earth where he was fighting”.

The ransom can be taken from the obligatory charity and from the penance.

Al-Qortoby said about the explanation of the charity verse in Al-Tawba chapter: “The scholars differ in the opinion about whether the ransom can be taken from the obligatory charity or not. Asbagh and Bin Qasem said: it is not allowed. Ibn Habib said: it is allowed, since freeing the bondmen (who are in the hands of the Muslims) from the charity is allowed. So, it will be worthier to free the captives who are in the hands of the atheists from the charity”. [Al-Qortoby: 8/183]

It is appreciated to dedicate the endowment and the capital and take their yield to release every captive falls in the hands of enemies.

Ibn Taimyah – the sheikh of Islam – said:
“Releasing captive is one of the greatest obligations, and donation for charitable purposes and so on is considered as one of the greatest pious acts”. [Al-Fatawy 28/635]

Ibn Taimyah has been asked if it is allowed to incur debts in order to free the captive and then pay the debt from the endowment. He said: yes it is allowed, yet, it is a proper way to free the captives, and it is better from paying the money from the endowment directly, since it might be spent in another purpose. But in this case the ransom is already paid, so it should be taken from the endowment.

Sometimes the prophet Mohamed was taking the ransom from the charity directly, and sometimes he was incurring debt and then gives the creditor from the charity. [Fatawy: 31]

3- Exchange the Muslim captives with the atheists’ captives. To realize this, the Muslims should capture as many as they can in order to exchange them with the Muslim captives. So, if an atheist falls in the hand of the Muslims it is compulsory to exchange him by Muslim captive(s).

Hafez Bin Hajar said: “if the Muslims have captives and the polytheists have captives and they agreed upon ransom, so it is obligatory to do so”.

Narrated Umran Bin Hussian and Salma Bin Al-Aqwa that Allah’s Apostle had ransomed the Muslim captives in return for polytheists’ captives.

Ibn Qudama – may Allah have mercy upon him – said:
Narrated Saied: that Allah’s Apostle said: “It is obligatory upon the Muslims in their capture to ransom their captives and pay on behalf of those in debt” [Mughni 9/228]
It has been narrated that Allah’s Apostle wrote a covenant between the Muhajirs (those who forsook) and Ansar (those who gave them aid), to bind their bastion, ransom their captive with kindness. The prophet –May Allah exalt his mention– ransomed two Muslims in return for the man who had taken from Bani Uqail, and ransomed two men in return for a woman who was given as a gift by Salma Bin Al-Akwa’’.

Sunan Saied Bin Mansour (2822): The Emirs of believers, Omar Bin Abdel Aziz, sent Abdul Rahman Bin Amra to release Muslim captives in Qustantinya. He said: “Give the captors whatever they request to release every Muslim. By God! One Muslim is more preferred to me than all polytheists! You win if you ransom a Muslim! You by that action buy the Islam. Abdul Rahman Bin Amra said: “I agreed with the leader of Roman to exchange one Muslim with two Roman men”.

4- Struggle to release the captives and rescue the detainees as it the best kind of Jihad in the sake of Allah:

Ibn Al-Arabi – May Allah have mercy upon him – said:
“Protection the captive is duty and aiding them by persons is obligatory, we shouldn’t sleep (even wink) till we go out for their help –if we have enough people– and spend all our property till nobody has one Dirham.” This was also said by Malek and scholars. “ ‘to Allah we belong, and to him is our return’ we are sorry to see what is happening to people now who left their brothers in captivity in the hand of enemies while they have huge property, good conditions, ability, persons, powers and strength.” [Quran judgments: 2/440]

Allah the Almighty says: “And why should ye not fight in the cause of God and of those who, being weak, are ill-treated (and oppressed)? Men, women, and children whose cry is: "Our Lord rescue us from this town, whose people are oppressors; and raise for us from Thee one who will protect; and raise for us from Thee one who will help" [Sura Nisa : 57]

Al-Qortoby - May Allah have mercy upon him – said: “In the verse “And why should ye not fight in the cause of God”: urging Jihad (fight in the cause of Allah), and this includes releasing weak persons from the hand of unbelievers and polytheists who afflicted them with the worst of penalties and tempt them away from the religion. So, Allah ordinates the fight to exalt the word of God, to proclaim the religion over all religions, and to help weak believers even thought if harming souls would take place” [Al-Qortoby explanation: 5/279]

Ibn Hajar Al-Haytamy said: “If the unbelievers captured an individual Muslim, it is obligatory on every able Muslim to rush to them”. [Tohfato Al-Muhtaj 9/237]

It is worth mentioning that any convention or armistice shouldn’t be concluded with those who fight Muslims as long as they have in their detentions even one Muslim captive, yet if we assume the validity of the convention it will be initially cancelled if they have insisted on the captivity of the Muslims and not freeing them whatever their reasons and justifications.

Al-Khatib Al-Sherbini listed the conditions that shouldn’t be in the armistice contracts between the Muslims and the atheists. He said: “the condition of prohibiting freeing our captives or abandoning our stolen money are invalid condition”. Allah says: “Be not weary and faint hearted, crying for peace, when ye should be uppermost". So if such condition took place it will be considered as humiliation that Islam disagrees with.

5- Mention their merits, acquaint their case, announce their situation, and declare their grievance for those who can help and release them. Mass media can be used to achieve this objective. With every possible means we can deliver the sound of the weak people To Whom It May Concern such as the human rights organizations and the legal institutions and so on.

Also remind the rulers -even if they strayed from the way of right and abandon their people- hope they response and be able by Allah to help the Muslim captives.

If anyone holds the responsibility of aiding his brothers and striving for releasing them, he will surly find a way to realize this objective. Unifying the efforts will affect positively the case of Muslim captives.

Allah says: “As to those who believe and work righteousness, verily we shall not suffer to perish the reward of any who do a (single) righteous deed" [Sura Kahaf: 30]

It is God alone whose help, there is no power or ability except with Allah the most high, the supreme in glory, and may Allah exalt the mention of his Apostle.

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