What is the ruling on fighting non-combatants, such as women, slaves, and children, fighting alongside the Būghāt?
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
If slaves, women, and children fight with the Būghāt, they are treated as an adult free man: they are fought when advancing and spared when retreating. If any of these individuals attempted to kill a person, defense against them and fighting them, even if it resulted in their death, would be permissible, similar to the ruling for women and children fighting alongside people of war. The prohibition against killing a Muslim is general, except for necessary defense against the oppressor or aggressor. Therefore, if they are not fighting or do not present a threat, they are spared. It is forbidden to kill their strategists (mudabbir), prisoners, or to finish off their wounded, as this contradicts the general prohibition against killing Muslims unless absolutely necessary for defense.
Supporting text
The Shafi'i school holds a view that allows for the killing of someone like Muhammad ibn Talha al-Sajjad, who carried the banner but did not fight, because he became support for the rebels and Ali (RA) did not explicitly forbid his killing after the fact, suggesting his death was deemed necessary or that Ali was unaware of the circumstances. However, the stronger position relies on the general texts forbidding the killing of a deliberate Muslim believer unless necessitated by active aggression or defense against an active threat.