THE KORAN ON HOSTAGES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81B00401R000400140042-0
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: September 29, 2005
• Sequence Number: 42
• Publication Date: November 19, 1979
• Content Type: MEMO

Approved For Release 2005/11/23 : CIA-RDP81B00401 R000400140042-0
19 November 1979
SUBJECT: The Koran on Hostages
1. In order to find the appropriate attitude on hostages
according to Islamic principles one needs to look at three
sources:
a. The Koran will provide the text which is to be
appealed to. Some of these we can find but there are
other verses which a Muslim jurist might turn up that on
the surface appear. to have no connection.
b. Koranic Commentaries also need to be searched.
These will give the opinions of Islamic scholars on the
real meaning of the verse in question. Note here that
in many cases the commentaries may differ widely accord-
ing to whether the commentator is primarily a theologian,
a jurist, a philosopher or a mystic. None of these Com-
mentaries is available in English. A Persian language
commentary is most likely to be Shiite, but an Arabic
language one can be either Sunni or Shiite.
c. Finally, the "practical treatises" or books of
case law which describe the way the Shariah had actually
been applied. These may be the most important for our
purposes, but they may not be available in the US. The
mujtaheds don't need the books; they have them memorized. (C)
2. We were able to find only one passage in the Koran
that dealt specifically with hostages, and this in the context
of prisoners of war. Sura VIII, verses 67-71 states that
while the taking of hostages for ransom has no place in rightious
warfare, in certain exceptional instances, it is allowed. If
captives are taken, it would be for the leader of the community,
the Imam, to exercise his discretion as to the time and condi-
tion of their release. More onimously, if those held have
"treacherous designs against Thee (0 Apostle) they have already
been in treason against God, and so hathe He given thee power
over them." (C)
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3. We did come across, however, several additional
Koranic passages that could be interpreted as applicable to
recent events in Iran. First, Sura XXIV, verses 27-29 deals
with the sanctity of the home: "Enter not houses other than
your own, until ye have asked permission--if ye find no one
in the house, enter not until permission is given you ..."
Thus, the forceful occupation of the American Embassy compound
violates Mohammed's revelations. (C)
4. Sura IX could be applied to Iran's obligations to
protect the American community in Iran and respect its commit-
ment to the Geneva Convention. Verses 1-4 deals with treaties
with non-Muslims. The Muslim community could denounce a treaty
only after it was violated by the other party. A period of
four months would follow the denunciation, during which due
protection would be afforded the former allies and repentence
or reunion would be acceptable. If these efforts failed, the
recourse was all-out war, as outlined in verses 12-14. (C)
5. The Koran, in Sura V verses 34-36 strongly condemns
individual assassination and revenge. "If any one slew a
person--unless it be for murder or for spreading mischief in
the land--it would be as if he slew the whole people. And,
if any one saved a life, it would be as if he saved the life
of the whole people." A move against a single American life
therefore, is an attack on the entire American population.
The Sura then continues to describe in vivid detail the punish-
ments reserved for those who wage war against God, His Apostle,
and strive "with might and main for mischief through the land." (C)
6. The argument for mercy and foregiveness of a murder--
in the students' eyes the Shah--is made in Sura II, verse 178.
"The law of equity is prescribed to you in case of murder;
the free for the free, the slave for the slave, the woman for
the woman. But, if any remission is made by the brother of
the slain, then grant any reasonable demand and compensate him."
Thus, if the Shah is guilty, he alone is punishable, but it
would be far better if the aggrieved--the students--replaced
vengence and retaliation with mercy and love. (C)
7. Finally, Sura II, verse 189: "It is of no virtue if
ye enter your houses from the back; it is virtue if ye fear
God and enter houses through the proper doors." These lines
have become a Muslim proverb which teaches that honorable
objectives are achieved by open and honorable means. (C)
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CONFIDENTIAL
Approved For Release 2005/11/23 : CIA-RDP81B00401 R000400140042-0