When a raiding force attacks while the enemy is unaware, this is a sound principle, just as the Prophet ﷺ did; for in reality a surprise attack is better for both sides. The attacker will afterwards impose just rulings on them in war and in peace—rulings free of any injustice.

As for those who are attacked, if they are treated with justice they are spared the loss of life that usually occurs during open battle, and they will find mercy and fairness at the hands of those who gain control over them. Such was the case in this very incident.

Banu al-Mustaliq—an Azdi clan—were subdued by the Prophet ﷺ, and he married Juwayriya, the daughter of their chieftain al-Harith ibn Abi Dirar al-Mustaliqi al-Khuzaʿi. This was in keeping with his practice ﷺ of honouring chaste women and elevating the rank of noble female captives. When the Companions, may Allah be pleased with them, learned of this they said, “They are the in-laws of the Messenger of Allah,” and they released every captive from Banu al-Mustaliq who was in their hands. ʿAʾisha said, “I know of no woman who brought greater blessing to her people than Juwayriya.”

2. If, however, a people have not been invited, no proof has been established against them, and they have not been forewarned, the revealed texts forbid taking them by surprise. For this reason one of the Prophet’s ﷺ counsels to the commanders of military detachments was: “Do not act treacherously. When you meet your enemy, invite them to Islam. If they respond, accept it from them; if they refuse, ask them for the jizyah. If they agree, accept it from them; if they refuse, seek Allah’s help against them and fight them.” This is the Islamic practice toward those to whom the call has not yet reached.

3. The hadith also shows that it is permissible to enslave Arabs just as others—this is the view of the majority of scholars, including the three Imams: Abu Hanifah, Malik, and Ahmad—and it is well attested in the works of sīrah and the accounts of the military expeditions. A few scholars held that they may not be enslaved, but the evidence contradicts their opinion.