What is the legal status of captured women and children?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 4 · Bab 1

Open in Qurani

Primary text

Captured women and children automatically become slaves through the act of being taken captive (Saby).

Supporting text

Imam Ahmad prohibited ransoming captured women for wealth, as their continued presence among Muslims exposes them to the possibility of embracing Islam. However, ransoming them for captured Muslim prisoners is permissible because it secures the release of a Muslim whose Islam is confirmed, justifying the potential loss of the potential for Islam (in the woman). For children, Ahmad forbade ransoming them for wealth because a child captive automatically becomes Muslim upon the Islam of his enslaver, and thus he cannot be returned to the polytheists. Similarly, a woman who has accepted Islam cannot be returned to the disbelievers through ransom or otherwise, based on the verse from Surat Al-Mumtahanah (60:10) and to prevent exposing her to apostasy.