جنگی قیدی کوغلام بنانے کا شرعی اورقانونی تصورعصرحاضرکے تناظرمیں

Abstract

This paper aims to explain the issue of enslavement of prisoners of war in Islamic Law and existing international Laws. Because in present time, some scholars claimed that slavery is of a prisoner of war is not permissible in Islamic Law at all, and the continuation of slavery in early Islamic era was based on custom of Arabs. Therefore, I clarified the opinions of Muslim Jurists in the light of Qur'an and Sunnah, and tried to clear it that this issue stipulated in legal texts, and there is no legal text that revokes or repeals this ruling. I concluded that the jurists agree on the legality of enslavement in Islamic law as choice depends on the discretionary power of rulers. Therefore, Rulers has the choice between killing of prisoners, Enslavement, Bestow upon, and redemption. In fact, the ruling on enslavement is a matter of relief, because before that the Imam was only obliged to kill the prisoners of war. Presently, International laws prohibit enslavement and determine it as a crime against Humanity, but unfortunately, the practice is worse than in the past.