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Did Hamas Violate Sharia Law in Its Treatment of Hostages?

Posted By The Media Line Staff On In Mideast Mindset

The killing of six Israeli hostages has struck Israel like a bombshell. Amid a surge of intense anger from Israeli citizens and the tears of the victims’ families, this event has been a searing issue for Prime Minister Benjamin Netanyahu. Public opinion within Israel has turned against him, leading to conflicts with senior security officials and accusations that he sacrificed the hostages to save his government. Nonetheless, Netanyahu has vowed to make Hamas “pay the price” and emphasized his commitment to securing the release of the remaining hostages and apprehending those responsible for the killings as soon as possible. While both sides exchange accusations, Hamas has placed the full responsibility on Israel, asserting that the hostages were killed by Zionist bombings of the Gaza Strip. Assuming Hamas was involved in this incident, several objectives could be at play. These might include pressuring Israel and the international community to meet specific demands, deterring new attacks on Gaza, or using the remaining hostages as leverage for concessions or a ceasefire. Revenge is also a possible motive following Hamas’ recent directives to hostage guards about dealing with hostages if Israeli forces approach them. This situation bolsters the theory that the hostages were killed. Statements from Abu Obaida, the spokesman for the Al-Qassam Brigades, after the start of the Al-Aqsa Flood campaign, suggest a brutal strategy. He declared that an Israeli hostage would be executed for every Israeli bombing targeting a house in Gaza and accused Israel of only understanding the language of force. However, such actions are brutal and inhumane, directly opposing Islamic law. Islam prohibits killing to inflame the situation for personal or political gain. Hamas’ ambition to rapidly regain control over Gaza clashes with the Palestinian Authority’s more measured and diplomatic crisis management approach. The Palestinian Authority seeks to avoid stoking tensions or triggering conflicts, such as the Gaza war, which Hamas’ policies have exacerbated, often disregarding the people’s interests for the movement’s agenda. On the policy front, the Third Geneva Convention outlines the treatment of prisoners of war, a standard Hamas has not met. This international law stipulates that prisoners must always be treated humanely. Article 13 specifies that causing death, endangering health, intimidation, and humiliation are all violations of this principle. Islamic law’s guidelines for treating prisoners of war date back to 624 CE, when Muslims captured 70 enemy fighters at the Battle of Badr. Without any legislation on the status of prisoners of war, a large group of hostages was managed humanely. They were partly housed in a mosque and the rest among the Prophet Muhammad’s companions, who were instructed to treat them well. Historical records and religious texts document such humane treatment, including sharing the best available food with prisoners. Despite these principles, Hamas has not adhered to Islamic law or international agreements in its treatment of prisoners. It mimics the brutal occupation policies used by Israel in Gaza, such as killing civilians, demolishing homes, and torturing and expelling Palestinian prisoners. These actions aim to leave Palestine exclusively for Jews. Hamas’ behavior is condemned by Muslims and Arabs alike. Early in the conflict, videos showed Hamas fighters treating prisoners well, but their subsequent actions revealed a shift or perhaps the group’s true nature, seeking to escalate the war and destabilize the region, ignoring peace initiatives and truce proposals. On the Israeli side, a legislative effort has been made to authorize the execution of prisoners, spearheaded by the extremist Israeli national security minister, Itamar Ben Gvir. This proposed law aims to fulfill electoral promises and seeks to legitimize extrajudicial executions, although Israel routinely commits such acts. Should this law pass, it would expose Israel’s fascist and racist tendencies, highlighting its practices as akin to gang behavior. This could benefit the Palestinian cause, provided Hamas’ actions and crimes, which many Palestinians reject, do not overshadow this point. The coming days might bring surprises regarding Hamas’ future in Gaza following this atrocity. This incident could mark the end of its political influence among Palestinians, having ignited a fire that might consume itself before it can harm the occupying entity. —Abdel Bari Fayyad (translated by Asaf Zilberfarb)