أهل الحرب

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