A Muslim named Muhsin from the United Kingdom has a timely question for the Islamic scholars at Islam Online’s Fatwa page. (Hat tip: Mr Pol.)

As-Salamu ‘alaykum. Could you please clarify how Islam views the issue of mutilating the dead bodies of enemies at times of war?

Sheikh Faysal Mawlawi, deputy chairman of the European Council for Fatwa and Research, clarifies things for Muhsin:

Responding to the question, Sheikh Faysal Mawlawi, Deputy Chairman of the European Council for Fatwa and Research, states the following:

“Firstly, it is not allowable to torture the living or mutilate the dead even if they are non-Muslims. In the hadith of the Prophet (peace and blessings be upon him) when he was sending Hamzah Al-Aslami in an expedition, he instructed him saying: ”If you find so and so, kill him. But never kill him by burning, for none uses fire in torturing except the One Who created it (i.e. Allah).“ (Reported by Abu Dawud)

In another hadith, Safwan ibn `Assal said: ”The Prophet (peace and blessings be upon him) sent us in an expedition and said: ‘Move under the protection of Allah and for the sake of Allah. Fight those who disbelieve in Allah but never mutilate (the dead).’“ (Ibn Majah)

Secondly, it is permissible to mutilate the dead only in case of retaliation. If any one cuts the ear of another, his ear is to be cut in return. If he inflicts any physical damage on anyone, he should be retaliated against in the same manner. In case of war, Muslim are allowed to take vengeance for their mutilated dead strugglers in the same way it was done to them. Almighty Allah says: ”If ye punish, then punish with the like of that wherewith ye were afflicted. But if ye endure patiently, verily it is better for the patient.“ (An-Nahl: 126)”

This verse was revealed when the polytheists mutilated the corpse of Hamzah ibn `Abd el-Muttalib (may Allah be pleased with him). The Prophet (peace and blessings be upon him) swore to mutilate seventy corpses of the polytheists in retaliation for what they had done with Hamzah’s dead body. Hence, this verse was revealed to indicate that punishment should be done in the same manner without any sort of transgression, so that the Prophet (peace and blessings be upon him) was permitted to mutilate only one corpse of the polytheists. However, the verse also shows that patience and refraining from retaliation are better in Allah’s Sight. Thereupon, the Prophet (peace and blessings be upon him) refrained from it and did not mutilate anybody.”

This ain’t “turn the other cheek.” Notice the little loophole in the supposed Islamic prohibition on mutilating the dead; it’s the same one Osama Bin Laden used to declare war on America. Because almost anything can be defined as “retaliation.”