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According to the 4 Madhabs, Do Verses Like 2:194 Permit Seeking Retribution Against Woman and Children Who Do Not Bear Arms?

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>“Ibn Uthaymeen said: and the second benefit is; the prohibition of killing women and children during war. > >And if it is said, if they did this to us, that they killed our children and women, can we kill them? **What is apparent, is that it is allowed for us to kill their women and children, even if that were to cause us to miss taking them as wealth, due to what this contains from breaking the hearts of the enemies and weakening them, and due to the generality of Allah’s saying**, “And whoever transgresses against you, then transgress against them the like of what they have transgressed against you, — Q2:194.” > >The questioner continues: then we are allowed to kill their women and children. But O sheikh, they, the men are the ones who killed the women, and the women are innocent, so how can they be punished due to the crimes of men? > >Ibn Uthaymeen replied: **This is because of the greater benefit, the greater benefit to those who are fighting. Because if we do not do to them what they do to us, this would be humiliation in front of them.** > >Ibn Uthaymeen continued: **Justice with their woman is incomprehensible, they killed our women, we kill their women. This is justice. It is not justice that we say, if they kill our women we will not kill their women. Also, we note that this influences them greatly.**” > >*— Bulugh Al-Maram, Explanation by Ibn Uthaymeen, Tape 3, Side B.* The focus of this ticket is as follows: 1. What is the reliability of this attribution to Ibn Uthaymeen? 2. If it's reliable, is he really saying that, based off of Q2:194, if the enemy kills our non-fighters; more specifically, woman and children who do not take part in battle, we may do the same to them as a form of retaliation? 3. Most importantly, how well reflected is this position within the mainstream/ classical understanding Islamic jurisprudence; the opinions of the fuquha within the 4 madhabs?
Asked by user75400
Nov 12, 2024, 07:39 AM
Last activity: Nov 13, 2024, 08:39 AM