Is there a hadith stating that the enemy’s goods (belongings) are regarded as booty?

- Is there a hadith stating that the enemy’s goods (property) are regarded as booty? If so, how should we understand it?

Dear Brother / Sister,

It is stated both in the Quran and in hadiths that the goods (property) that Muslims obtain from the enemy while fighting are regarded as booty.

Booty (ghanimah), as a term, refers to all kinds of goods captured from the enemy in war. It is stated in the Quran that 1/5 of the booty belong to Allah, His Messenger and his relatives, orphans, the poor and travelers. (see al-Anfal, 8/41) In the practice of the Prophet (PBUH), the remaining goods were shared among the warriors.

Fiqh scholars divide booty into three in general: prisoners of war, (land) immovable property and movable property.

How to treat the prisoners of war captured during the war was left to the discretion of the state, depending on the enemy’s treatment of the Muslim captives and the circumstances and conditions.

The state was also given authority over land. It was accepted that it could be returned to the former owners in return for tribute (kharaj), or it could be shared among the warriors.

As for movable property, 1/5 of it is put into the Treasury to be spent on the places specified in the verse, and the rest is shared among the warriors.

In Hanafi madhhab, it is accepted that in order for the booty to be halal, it must be captured by a military detachment. Although the distribution of the booty and the extent to which it will be distributed to whom and the authority of the head of state in this regard are discussed in the Islamic law literature, it is seen that the suggestions and measures introduced are aimed at ensuring that the Muslim community benefits from this share to the maximum extent and in a balanced manner and protecting the interests of the state.  

However, if what is meant by saying “goods (property) are regarded as booty” is that it is permissible to take the property of any non-Muslim by force even though there is no war, it is absolutely wrong. It is against the spirit of Islam. There is no such hadith.

The property of an unbeliever who is not at war is protected as much as the property of a Muslim.

Is it possible for the Prophet (pbuh) who said, “I am the enemy of anyone who tortures a non-Muslim citizen.” (Ajluni, II, 218) to say anything contrary to it?

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