Ahl al-Harb (the people at war with the Muslims, their status and the rules that govern dealings with them)

أهل الحرب

Ahl al-harb are non-Muslims who have not entered a covenant of protection and enjoy neither the safe-conduct nor the treaty of the Muslims. ¹ They are distinguished from the protected people, the rebels, those with a treaty and those under safe-conduct; a protected person, a treaty-holder or a holder of safe-conduct becomes a combatant by joining the land of war or by breaking the covenant. ²³ Their blood and property are lawful to take where there is no covenant, and are protected where there is one. ⁴ The Muslim may not betray them once they have granted him safe-conduct; the destruction of their property is allowed by agreement where it serves the Muslims, and the jurists differ where it serves no purpose. ⁵⁶⁷ Gifts and alms to them are allowed by the majority, a will in favour of a named person is allowed by the Shafi'is and Hanbalis but not by the Hanafis and Malikis, and an endowment in their favour is void by agreement. ⁷⁸ Food and similar goods may be exported to them; arms may not be exported in war. ⁹¹⁰ A Muslim man may marry a Christian or Jewish woman of the land of war, as of the protected people. ¹⁰

Definition

Ahl al-harb are non-Muslims who have not entered the covenant of protection and enjoy neither the safe-conduct nor the treaty of the Muslims. ¹

Distinctions

The protected people (ahl al-dhimma): unbelievers who live in the land of Islam by paying the poll tax. ¹
The rebels (ahl al-baghy): a group that rises against the lawful imam by force. ²
The people of treaty (ahl al-'ahd): those with whom the ruler has agreed to end war for a fixed period. ²
Those under safe-conduct (musta'manun): those who enter the land of Islam under safe-conduct, or a Muslim who enters the land of war under it. ²

Change of status

A protected person, a treaty-holder or a holder of safe-conduct becomes a combatant by joining the land of war and staying there, or by breaking the covenant. ²³
A combatant becomes protected by consent, by a year's residence in the land of Islam, by marriage, or by conquest. ³

Blood and property

Without a covenant, the combatant's blood and property are lawful; his fighters may be killed and his property becomes spoil. ⁴
With a covenant, his blood and property are protected, and betraying one who has given safe-conduct is forbidden. ⁵⁶
Destroying their trees and property in war is allowed by agreement where it serves the Muslims. The Hanafis, Malikis and Ahmad in one report allow it without such purpose, while the Hanbalis in one report, al-Awza'i, al-Layth and Abu Thawr forbid it. ⁶⁷

Bequests, endowments and alms

A bequest to a combatant is forbidden by the Hanafis and Malikis, and allowed by the Shafi'is in the sounder view and the Hanbalis, for a named individual. ⁷
An endowment in their favour is void by agreement. ⁸
Gifts and alms to them are sound by the consensus of the four schools. ⁸

Inheritance, trade, marriage and maintenance

The difference of the two lands does not prevent unbelievers from inheriting from one another, by the majority. ⁸
Trade with combatants under safe-conduct is allowed; arms may not be supplied to them in war, and the export of food is allowed. ⁸⁹¹⁰
A Muslim man may marry a Jewish or Christian woman of the land of war, as he may marry one of the protected people, on the Qur'anic permission in sura al-Ma'ida (5:5). ¹⁰
The wife of a combatant of the People of the Book is owed maintenance as a Muslim wife is. ¹⁰

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3600

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3601

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3602

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3604

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3605

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3606

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3607

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3608

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3609

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3610

Anfal (spoils and the other gains taken from the enemy, and their divisions)

Nafl, in lexical sense, is spoil (ghanima), and its root sense is increase. The term has five definitions in usage: the spoils, the fay', the fifth, the tanfil (an extra grant), and the salab (a horseman's extra share). The anfal in general are the properties of the enemy that came to the Muslims by fighting or without it, and so include both spoils and fay'. Radkh is a grant from the spoils not exceeding one share, fixed by the ruler, to those who helped in the fighting, such as women, children, protected non-Muslims and slaves. The ruling varies with each part, and each is treated under its own term.