In Islam, the spoils of war, also known as ghanimah (Arabic: غَنيمَة, romanized: ġanīma), refer to the wealth or property acquired by Muslims through jihad (warfare) against non-Muslims, including land, wealth, and material possessions like livestock, as well as captives.[1]
Etymology
editThe term ghanimah is derived from the Arabic root that implies gain or profit, and it encompasses various forms of wealth, including material goods, land, and other resources captured during military campaigns.[2] The concept of ghanimah has its roots in pre-Islamic Bedouin society, where raids (ghazw) were a common practice for acquiring resources.[2]
Jurisprudence
editThe rules for dividing the spoils date back to the Battle of Badr. The Quran explicitly addresses the distribution of ghanimah in Surah Al-Anfal (Chapter 8), where it is stated that one-fifth of the spoils (known as Khums) belong to Allah and Muhammad, which is then used for community needs and distributed among specific groups such as the Prophet’s relatives, orphans, the poor, and travellers.[2] The remaining four-fifths are divided among the ghazi (warriors) who participated in the battle, with additional shares given to those who fought on horseback.[3]
History
editEarly Islamic jurisprudence (7th century AD) placed a strong emphasis on the ethical implications of warfare and the treatment of spoils. The classical Islamic legal tradition categorised ghanimah as a form of property that could be legitimately acquired and distributed among the Muslim community, while also laying down rules to ensure that the rights of non-combatants were respected.[4] For instance, the early caliph Umar ibn al-Khattab made decisions regarding the distribution of ghanimah, allowing for the retention of spoils within local populations, even if they were non-believers, provided they adhered to certain conditions, such as the payment of jizyah (a tax levied on non-Muslims).[5]
The captured non-Muslims are distributed as slaves among the Muslim fighters, with women being allowed to be taken as concubines; any marriages of the slaves are annulled.[6] The imam can claim the captured men for himself. He can kill them, release them for ransom, or exchange them for Muslim prisoners. In Abu Hanifa's opinion, they must not be released.[7]
Ghanimah has historically served as a source of revenue for the Islamic state. The Baitul-Maal, or the house of wealth, was established as a financial institution to manage the funds derived from various sources, including zakat (obligatory almsgiving), sadaqah (voluntary charity), and ghanimah. This institution played a crucial role in the economic distribution within the Muslim community, ensuring that the wealth acquired through warfare was utilised for the welfare of society.[8]
In contemporary discussions, the interpretation and application of ghanimah are debated, particularly in the context of modern conflicts involving Muslim-majority regions.[citation needed]
References
edit- ^ "Ghanimah". Oxford Reference. Retrieved 2024-10-25.
- ^ a b c Arlis, Arlis; Zulfan, Zulfan; Azwar, Zainal; Taufiq, Arif (2023-06-01). "Divine Constitution Perspective On the Reactualization of Allah's Law". Al-Bayyinah. 7 (1): 1–19. doi:10.30863/al-bayyinah.v7i1.4086. ISSN 2580-5088.
- ^ al, Baiq Wardhani, et (2023-04-26). SELECTED CONTEMPORARY ISSUES ON LAW, SOCIAL, AND POLITICS. Airlangga University Press. p. 81. ISBN 978-602-473-951-5.
{{cite book}}: CS1 maint: multiple names: authors list (link) - ^ Rehman, Javaid (May 2022). "Revisiting the Jihad Ideology in Islamic International Law and its Appropriation by Nonstate Actors". Human Rights Quarterly. 44 (2): 417–440. doi:10.1353/hrq.2022.0015. ISSN 1085-794X.
- ^ Syahputra, Angga; Hartanti Dewi (2023-05-29). "Distribution of Land from Ghanimah in the Fatwa of Saidina Umar Bin Khattab". Jurnal Tabarru': Islamic Banking and Finance. 6 (1): 125–133. doi:10.25299/jtb.2023.vol6(1).11679. ISSN 2621-7465.
- ^ Karnavian, Muhammad Tito (2014-09-05). Explaining Islamist Insurgencies: The Case Of Al-jamaah Al-islamiyyah And The Radicalisation Of The Poso Conflict, 2000-2007. World Scientific. p. 182. ISBN 978-1-78326-488-9.
- ^ Schöller, Marco (1998). Exegetisches Denken und Prophetenbiographie: eine quellenkritische Analyse der Sīra-Überlieferung zu Muḥammads Konflikt mit den Juden. Diskurse der Arabistik. Wiesbaden: Harrassowitz. pp. 363–462. ISBN 978-3-447-04105-8.
- ^ Moosa, Riyad (2023-07-14). "An Overview of Islamic Accounting: The Murabaha Contract". Journal of Risk and Financial Management. 16 (7): 335. doi:10.3390/jrfm16070335. ISSN 1911-8074.