What are the options available to the Imam concerning captured enemy combatants?
General Chapter
Al-Mughni
Book of Jihad
Primary text
Captured enemies fall into three categories regarding the Imam's discretion. First, women and children are not to be killed and automatically become slaves upon capture, based on the Prophet's prohibition against killing women and children. Second, men from the People of the Book and Magians who agree to pay the *jizyah* (poll tax); the Imam has a choice between four actions: execution, granting unconditional release (mann), ransoming them, or enslaving them. Third, men from idol worshippers and others who refuse to pay the *jizyah*; the Imam has a choice between three actions: execution, granting unconditional release, or ransoming them, but enslavement is generally not permitted for this group.
Supporting text
There is a difference of opinion regarding the enslavement of idol worshippers: Ahmad permits it, which is the view of Shafi'i. Al-Awza'i, Shafi'i, and Abu Thawr agree with the ruling concerning the People of the Book mentioned above. Malik's view aligns with the primary ruling stated. Some narrated views suggest prohibiting unconditional release as it offers no clear benefit, and others, including Hasan, 'Ata', and Sa'id ibn Jubayr, disliked the killing of captives, citing Quran 47:4, which mentions only granting release or ransom after securing the captive. The view of the people of opinion (Ashab al-Ra'y) is that only killing or enslaving is permissible, based on Quran 9:5.