Гуманитарные и юридические исследования (Sep 2021)
THE STATUS OF PRISONERS OF WAR IN THE RELIGIOUS AND LEGAL SYSTEM OF MUSLIMS IN THE EARLY PERIOD OF ISLAM
Abstract
Due to the fact that in Russian historiography there are no comprehensive studies devoted to the study of religious-legal system of the early Arab-Muslim state, some points of this question remain poorly understood. This paper examines the policy of the early Arab-Muslim States in relation to prisoners of war and its legal support. It is well known that the formation of the religious right of the Muslim Ummah was influenced by Islam. In fact, prior to Islam there were no state, commonly agreed rules in Arabia. With the advent of Islam many things changed: statehood was introduced; the political and religious leader was elected; the Sharia became the common law. The institution of slavery underwent complex changes. So, according to Islam, a slave could only be a prisoner of war. Under no circumstances a free man, not exhibiting hostility, could be enslaved. The Koran does not say about the permissibility of violent enslavement. To the prisoner deserved a good attitude, despite the fact that he fought in his time against Muslims. Civilians, which did not take part in military acts, had the privilege.
