Fai '
Fai ( Arabic فيء, DMG faiʾ ) is a term of classical Islamic international law, which describes the goods that the Muslims stole from the enemy without the use of force, including the land in the conquered areas. The opposite term is Ghanīma , which denotes the booty that the Muslims acquired through the use of force ( ʿanwatan ). Fai 'becomes the property of all Muslims, administered by the head ( Imam ) of the Muslim community ( Ummah ).
The term goes back to sura 59 , verses 8-10, which is said to have been revealed to Mohammed when he drove the Jews from the tribe of the Banu Nadir . Usually the spoils of war ( Ghanima ) were distributed among the participating mujahedin according to certain rules, with the leader receiving a fifth. Fai ', however, passed as a whole into the hands of Mohammed, who administered it and used the profits for the benefit of the Muslim community (umma).
The goods that Mohammed took from the Jews in the Chaibar oasis (see: Train to Chaibar ) also became Fai '. In later conquests, all of the Harbis 'land became Fai'.
As-Shaibānī taught in his Kitāb as-Siyar that during the Muslim conquest of an area that belongs to Dār al-Harb , even the unbelieving woman who is married to a Muslim belongs to the Fai 'and can thus be enslaved . The same goes for her unborn child.
literature
- Majid Khadduri: The Islamic Law of Nations: Shaybānī's Siyar. Baltimore: The Johns Hopkins Press 1966. pp. 139-217.
- F. Løkkegaard: Art. "Fayʾ" in The Encyclopaedia of Islam. New Edition Vol. II, pp. 869a-870a.