Is it permissible to shoot at besieged enemies (kuffar) when they use Muslim civilians as shields (tatarus)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is not permissible to shoot at them if there is no necessity, such as if warfare is not active, or if they can be overpowered without shooting, or if there is safety from their harm. If a Muslim is struck and killed under these circumstances, the shooter is liable for the blood money (diyah). However, if necessity dictates shooting due to fear for the Muslims, it is permissible because it is a situation of dire need and the intent is directed at the combatants. Al-Qadi and Al-Shafi'i permit shooting if warfare is ongoing, as refraining would lead to the suspension of Jihad. If a Muslim is killed in this case, expiation (kaffarah) is due. Regarding the blood money (diyah) payable by the assailant's 'aqilah, there are two narrations: one states it is obligatory based on the verse regarding unintentional killing of a believer (Quran 4:92); the second states no diyah is due because the shooting was permissible in the Dar al-Harb (Abode of War) under the verse concerning a believer killed in enemy territory (Quran 4:92), which did not mention diyah.
Supporting text
Al-Awza'i and Al-Layth forbid shooting unless there is fear for the Muslims, citing the verse {And if there were not believing men and believing women whom you did not know you were trampling down and thus might smite you with sin on their account—that Allah might admit to His mercy whom He wills} [Quran 48:25]. Al-Layth preferred abandoning the conquest of a fortress that could be taken over inaction rather than unjustly killing a Muslim. Al-Awza'i objected, questioning how they could shoot those they could not see, implying they would strike Muslim children.