What is the legal ruling regarding granting safe conduct (Aman) to people in a state of war (Ahl al-Harb)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
When safe conduct is granted to the people of war, it becomes unlawful to kill them, take their wealth, or harm them. Safe conduct is validly issued by every sane, mature, free or enslaved Muslim, male or female, acting by choice. This view is held by Al-Thawri, Al-Awza'i, Al-Shafi'i, Ishaq, Ibn al-Qasim, and the majority of scholars. This is supported by a narration attributed to Umar ibn al-Khattab (may Allah be pleased with him).
Supporting text
Abu Hanifa and Abu Yusuf hold that the safe conduct of a slave is invalid unless he was explicitly permitted to fight, arguing that since Jihad is not obligatory upon him, his guarantee is invalid, similar to a minor. They also argue that since the slave originates from the domain of disbelief, he might prioritize their interests. Our evidence refutes this by the Prophet's saying: "The covenant of the Muslims is one, which even the lowest among them can grant, so whoever violates the covenant of a Muslim, upon him is the curse of Allah, the angels, and all people; no ransom or exchange will be accepted from him" (Reported by Al-Bukhari), and a narration where Umar confirmed a slave's grant of Aman.