Plunder (Ghanīmah) in Islam: Definition, Etymology, and Legal Context

Plunder: Ghanīmah in Islamic Context

Definition and Legal Context

Plunder, known in Arabic as Ghanīmah (غنيمة‎), refers to the spoils of war that are acquired by a Muslim army after a military victory. Another term, Fay’ (فىء‎), is used to describe the spoils obtained without combat, such as through a peaceful surrender. According to Islamic jurisprudence, the treatment and distribution of these spoils are governed by specific laws and principles.

Etymology and Translations

• Arabic: غنيمة (Ghanīmah), فىء‎ (Fay')
• Turkish: Ganimet

Distribution of Spoils

When a Muslim army, under the leadership of an Imām, conquers a territory by force, the following principles apply to the distribution of both land and movable property:

Land:

1. The Imām has the discretion to leave the conquered land in the possession of its original proprietors, provided they agree to pay tribute.
2. Alternatively, the land can be redistributed among Muslims.

Movable Property:

1. Movable property cannot be left in the custody of the non-Muslim opponents and must be carried back.
2. The spoils (รhanīmah) are divided as follows:
   • Four-fifths of the plunder go to the troops who participated in the battle.
   • One-fifth of the spoils are further divided into three equal portions intended for:
     • The relief of orphans.
     • The feeding of the poor.
     • The entertainment of travelers.

Captives:

1. Captives are considered part of the plunder and must be dealt with according to specific Islamic guidelines.

Destruction of Property:

1. Any cattle or baggage that cannot be taken during a retreat must be destroyed to prevent it from falling into the hands of the enemy.

Key Islamic Texts

The concept and rules regarding plunder and its distribution are grounded in various Islamic texts, including:

1. Hidāyah, vol. ii. p.159 - A foundational legal manual in Islamic jurisprudence.
2. Mishkāt, book xvii. ch. viii. pt. 1 - A collection of hadiths related to Islamic law and ethics.

Recommended Books for Further Study

1. “The Ḥidāyah: A Classic Manual of Islamic Law” - Various authors; A detailed commentary on Islamic jurisprudence.
2. “War and Peace in the Law of Islam” by Majid Khadduri - An exploration of Islamic legal traditions about war.
3. “Islamic Law and the Law of Armed Conflict: The Armed Forces of the Muslim States” by Niaz A. Shah - A contemporary analysis of how Islamic law configures modern warfare.

Key Takeaways

• Ghanīmah: Refers to spoils of war taken by force, subject to specific legal distributions.
• Fay’: Spoils obtained through non-violent means, such as peaceful surrender.
• Ethical Distribution: Ensures that spoils are allocated to support the Muslim community, including the needy and vulnerable.
• Legal and Ethical Framework: Rooted in a combination of Qur’anic injunctions, Hadith traditions, and centuries-old juristic consensus.

Conclusion

The concept of Ghanīmah highlights the structured and ethical approach Islam adopts regarding the distribution of spoils of war. It reflects broader themes of justice, community support, and ethical conduct even in times of conflict. Understanding these principles requires delving into key Islamic texts and exploring interpretations offered by classical and contemporary scholars.