Who is entitled to the war spoils?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 6 · Bab 1

Open in Qurani

Primary text

In summary, the war spoils belong to those who were present at the decisive engagement (al-mawqi'a). If reinforcements arrive later, or if a captive escapes from the disbelievers and joins the Muslim army, or if a disbeliever converts to Islam upon joining them, they have no share in the spoils. This is the position of Al-Shafi'i.

Supporting text

Abu Hanifa holds that reinforcements share if they join before the spoils are divided or secured in the abode of Islam, reasoning that ownership is finalized by complete control, which means securing them in the abode of Islam or dividing them. Therefore, anyone arriving before that has reached them before their ownership is established.