Aman (safe-conduct granted to enemies in war)

Aman in the lexical sense is the absence of an expected harm; its root is the calm of the soul and the lifting of fear. It names both a state and the instrument that grants it. ¹ In the technical sense it is the lifting of the lawful killing, enslavement and seizure of the property of an enemy in war, while he remains under Islamic rule. ¹²

• Truce (hudna): a contract with enemies to stop fighting for a time, for a price or without one; only the imam or his deputy may conclude it, while aman may be given by an individual Muslim. ²
• Poll-tax (jizya): protects lives, property and honour; only the imam may impose it; it is permanent and cannot be cancelled, while aman is a binding-less contract that can be annulled under conditions. ²

The default is that giving or asking for aman is permitted; it is forbidden or disliked where it leads to harm or to neglect of a duty. Its effect is that the enemy is safe from killing, enslavement and seizure, and Muslims may not kill their men or enslave their women and children. ²

Aman is made by any clear or implied word in any language, by writing, by a message, or by a sign that conveys it, since it is an intention that the giver shows in speech, writing or sign. ²

• The Malikis, Hanbalis and most Shafi'is require that no harm follow; al-Balqini adds that aman given by anyone but the imam needs a public interest; the Hanafis require an evident public interest, such as aman given when the Muslims are weak and the enemy strong. ²³
• The giver: the imam may grant aman to all unbelievers, and an individual Muslim's aman is valid for a limited number according to most jurists; the Hanafis hold that one person may grant it to any number. ³
• Conditions of the giver: Islam, so an unbeliever's aman is not valid even if he fights with the Muslims; sanity, so a madman or a child who cannot think is excluded; adulthood, required by most jurists against al-Shaybani; and freedom from the enemy's control. ³⁴
• Maleness is not required by most jurists, so a woman may give aman; Ibn al-Majishun of the Malikis disagreed. ⁴

The rules of aman are treated in the chapters on the conduct of war and jihad, and in the entry on the one who holds aman (mustamin). ⁴