Is it permissible for a captor to kill a prisoner of war immediately?
General Chapter
Al-Mughni
Book of Jihad
Primary text
A captor is forbidden from killing a prisoner of war immediately; the prisoner must be brought before the Imam (ruler), who then exercises his discretion regarding the prisoner's fate. The discretion concerning the prisoner rests with the Imam. A narration is cited suggesting that Ahmad permitted the killing of a prisoner only if the ruler wills it, implying permissibility for the original captor to kill his prisoner without the ruler's consent, analogous to when the prisoner flees or fights back. If the prisoner refuses to submit to the captor, the captor may compel him, using physical force if necessary. If compulsion fails, killing is permissible.
Supporting text
If the captor fears the prisoner's escape or fears him in general, killing is permitted. Similarly, if the prisoner cannot submit due to injury or illness, killing is permitted according to one view. However, Ahmad expressed reservation about killing in cases of incapacity due to injury or illness. The correct position is to permit killing in such cases, treating it like putting down a mortally wounded enemy fighter, because leaving such a prisoner alive harms the Muslims and strengthens the disbelievers, thus necessitating immediate execution.