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السلام عليكم

When is ownership of spoils of war and captives established for soldiers? Do spoils of war and captives have to be transferred from Dar al Harb to Dar Al Islam before establishing ownership?

Did any Madhab allow the distribution of spoils of war & captives among soldiers in Dar Al Harb?

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  • I don't see how this question even makes any sense dar al-Harb is a synonym for enemy land. ... I don't understand this excessive interest in the topic of slavery, because due to international agreement this topic is banned worldwide and Islam had from the beginning provided ways and means to reduce it, not to say abolish it.
    – Medi1Saif ♦
    Commented Apr 15 at 7:08
  • @Medi1Saif Wrong understanding. Secondly slavery is part of Deen and will remain till the day of Judgement establish as Jihad will continue till the day of judgement. Shaykh Salih Al Fawzan has clarified it similar to your statement said by Syed Qutb in his Tafsir - youtube.com/watch?v=925wgx7NikA&t=52s Shaykh Albani disliked the banning of slavery - youtube.com/watch?v=NLp9PEq1WbY&t=433s
    – Mohammad Alam
    Commented Apr 15 at 8:29
  • A Shaykh can say anything in his lessons or fatwas, but countries and Muslim leaders must follow international agreements as per qur'an verse 5:1. And except with Salafiya Jihadia and Isis and of course Salih al-Fawzan none says the same. While our prophet () hated that a Mulsim calls his slave by "my slave": " None of you should say: My bondman, for all of you are the bondmen of Allah, but say: My young man, and the servant should not say: My Lord, but should say: My chief."
    – Medi1Saif ♦
    Commented Apr 15 at 11:43
  • @Medi1Saif "except with him and Salafiya Jihadia none says the same". Imam Ahmad, Imam Abu Hanifah, Imam Shafi'i, & Imam Malik beg to differ from you. Muslims follow Salaf not Khalaf first. Secondly Kuffar have never adhere to these treaties in the first place they have captured our women raped and sold as well.
    – Mohammad Alam
    Commented Apr 16 at 6:12
  • This is your opinion. Provide your evidence and proofs, just because somebody explained some rules, doesn't mean that they hold the opinion that slavery is something that shall be kept till the end of time. First of all, if a Muslim leader won a war he has several options on what to do with the enemies he captured, so slavery is not a unique option. In other words, if there's an agreement it is legal in Islam not to enslave the captured enemies. Instead of blindly repeating other people's words, use your mind to understand and check their validity and proofs.
    – Medi1Saif ♦
    Commented Apr 16 at 6:18

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The majority (Maliki, Shafi'i, Hanbali) allow for distribution of spoils of war within the Dar al-Harb. Their evidence is that the Prophet ﷺ used to distribute the spoils like that, for example in the battle of Khaibar, Hunain, Bani Mustaliq etc. Further some have stated that it is recommended to do so as this is hastening in delivering the rights of the soldiers and is a cause of enraging the disbelievers which is prescribed.

The Hanafis say that distribution is of two types:

  • Distribution done for the sake of transport. It is permitted to distribute the spoils among the soldiers in order to ease their transport. However on reaching the Dar al-Islam they will be taken back and then distributed again for the purpose of granting ownership.

  • Distribution done for the purpose of granting ownership. This is permitted only after reaching the Dar al-Islam as complete ownership is only established after moving it to the security of the Dar al-Islam. As for the example of the Prophet ﷺ then the Hanafis state that those places had become part of Dar al-Islam due to conquest.

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  • جزاك الله خيراً
    – Mohammad Alam
    Commented Apr 17 at 12:52
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As for the distribution of the spoils of war, there's no prescription on where to do it. It is up to the Muslim leader to decide when the right moment is for that. However, it can only be done if the fight/war is over.
In other words, it can be done in Dar al-Harb.
This is supported by the known hadith on 'Azl for slaves (See for example here in Sahih al-Bukhari) you may also refer to books on Sira like Mubarakpuri's ar-Raheeq al-Makhtoom.

You may read in al-Mawsu'a al-Fiqhiyya (see here):

.مكان قسمة الغنائم: Place of dividing the spoils:

يَقسم الإمام الغنائم حسب المصلحة.
The imam divides the spoils according to interest.
فله أن يقسمها بين المسلمين المقاتلين في دار الحرب بعد انهزام العدو كما قسم النبي صلى الله عليه وسلم غنائم بني المصطلق في بلادهم، وكما قسم غنائم خيبر فيها.
He may divide it among the Muslim fighters in the land of war after the defeat of the enemy, just as the Prophet, may God’s prayers and peace be upon him, divided the spoils of Banu al-Mustaliq in their country, and just as he divided the spoils of Khaybar there.
وله أن يقسم الغنائم في طريقه إلى بلده كما قسم غنائم حنين في الجعرانة قرب مكة، وكما قسم الغنائم بذي الحليفة قرب المدينة.
He may divide the spoils on his way to his country, just as he divided the spoils of Hunayn in Al-Ja'ranah, near Mecca, and just as he divided the spoils in Dhu Al-Hulayfa, near Medina.

See also in Sahih al-Bukhari:

Narrated Ibn 'Aun:
I wrote a letter to Nafi' and Nafi' wrote in reply to my letter that the Prophet (ﷺ) had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet (ﷺ) got Juwairiya on that day. Nafi' said that Ibn 'Umar had told him the above narration and that Ibn 'Umar was in that army.

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  • جزاك الله خيراً
    – Mohammad Alam
    Commented Apr 17 at 12:49

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