1680. Introduction

At that time, the spoils of war were seized and owned by the victor. Otherwise, the fighters for the Divine cause of justice would have been at a great disadvantage because they would finance the war effort and put themselves in peril, having their possessions seized by the enemy if they were defeated, yet they would be required to return the enemies’ possessions to them in case of victory. This would have dramatically stifled the efforts to fight tyranny and injustice. Also, Islam was not the first to legislate this ruling about the spoils of war. There are many verses in the Bible regarding this matter; for instance, it is said that God said, “Only the women and the children and the animals and all that is in the city, all its spoil, you shall take as booty for yourself; and you shall use the spoil of your enemies which the Lord your God has given you.” (Deuteronomy 20:14)

It is important that we do not judge one era through the norms, sensibilities, and social constructs of another. For instance, in those times of scarcity, the women and children of the defeated army might have suffered greatly if they had no one to look after them. (Please refer to the appendix on slavery.)

Having said that, Islam’s legal framework is flexible enough to allow for the adjustments needed in changing circumstances and times. The Muslims were always encouraged to show kindness and generosity towards their adversaries, but more bindingly, to honor their treaties. Given the concept of reciprocation in international laws and diplomacy, the Muslims would be bound to honor their agreements if they were part of a treaty concerning this matter. Allah said: