What is the legal status of a captive upon accepting Islam while captured?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

Upon a captive accepting Islam while in custody, they immediately become a slave, and the option for execution is removed, placing their ruling upon that of a woman. This view is held by Al-Shafi'i in one of his two established opinions. The justification is that the captive, having accepted Islam, becomes unlawful to kill, thus analogizing their status to that of a female captive. The incident concerning the captured man from Bani 'Uqayl, who accepted Islam after being captured and subsequently ransomed by the Prophet, peace be upon him, does not contradict this ruling, as a woman who is a slave may also be ransomed. Furthermore, since execution is invalidated by his Islam, the other original options remain as they were, though the primary ruling establishes immediate enslavement.

Supporting text

Another opinion attributed to Al-Shafi'i states that execution is waived upon accepting Islam, and the captive retains the three initial options (presumably execution, enslavement, or ransom, though only execution is explicitly mentioned as being waived here). Another perspective argues that since killing is prohibited upon his Islam, the remaining options should persist as they were before his conversion.