and emigration (hijra) is obligatory for anyone who cannot manifest his religion in a land where the rule of disbelief and 1misguiding innovations prevails; if he is able to practise his religion openly, emigration is merely recommended.
Section
Prisoners taken from the unbelievers are of two kinds:
- Those who become slaves as soon as they are captured: women and children.
- Those who do not: adult male combatants. Concerning them, the imam may choose whichever course is most beneficial—execution, enslavement, granting release as a favor, or ransoming them for money or in exchange for a Muslim captive—and he is obliged to adopt the option that best serves the Muslims’ interests.
It is invalid to sell any person enslaved from among them to a non-Muslim.
A minor child of unbelieving parents is deemed Muslim upon the occurrence of any one of three circumstances:
• One of the parents alone embraces Islam;
• One of them is absent from our territory;
• A Muslim captures the child separate from both parents.
If a dhimmi captures the child, the child follows the captor’s religion; and if he is captured2 together with his parents, he follows their religion.