Islamic tolerance is unchangeable even in time of war. It is prohibited in Islam to kill women, children, old people and worshipers at places of worship. Muslims are enjoined to preserve living animals and vegetation. It is impermissible for them to demolish the enemies’ places of worship. The same ruling applies in international law. Hence, any violation of the enemies’ civilian people or organizations is against both Shari`ah and man-made law.
Dr. Ahmad Abu-Al-Wafa, Professor of International Law, Faculty of Law at Cairo University, states the following: “There is an international rule stipulating that the invading forces must preserve all civilian places and buildings, especially those for worship, such as mosques and churches, and hospitals and other civil and public organizations.
It is impermissible to leave public buildings and facilities without protection, so that they would not be subject to plundering, destruction or any other dangers. There must be continuous protection for such buildings unless there is a military urgency that necessitates invading them. There is no urgency other than posing a serious threat to the lives of the invaders.
However, in the incident you referred to above, there was no urgency at all that called the American occupiers to destroy the mosque. An obvious proof on that is that the authority has declared that the incident will be subject to further investigation.”
The great Islamic thinker Dr. Muhammad `Imarah adds: “The main advice directed by the Prophet (peace and blessings be upon him) and his Rightly Guided Caliphs to the Muslim armies before setting out for war was not to kill an old man, a woman, a child, a worshiper, or a hermit in his seclusion.
The elevation of Islam further appears in the Islamic ethics of fighting, which enhance respect and mercy. They urge Muslims to preserve lives even of animals and plants, so that Muslim warriors are prohibited to uproot trees or slaughter animals except for food.
These ethics mark the precedence of Islam over all international treaties, such as that of Geneva Convention 1949, which prevent the killing of civilians including women and children during war.”
Islamic Fiqh obviously urges Muslims not to destroy non-Muslims’ places of worship. The Kuwaiti Juristic Encyclopedia mentions the following:
“The Hanafi scholars of fiqh opine that ancient cloisters and churches in cities and villages must not be demolished or by any means violated. Al-Kamal ibn Al-Hammam said that it is agreed in all narrations that cloisters and churches in cities should not be destroyed.
The Maliki scholars opine that ancient churches that had existed before Muslims inhabited a place must be left to the Dhimmis (non-Muslims living under the protection of the Islamic state) who came to live in that Muslim land.
The Shafi`i scholars say that if Muslims inhabit a place and find in it unused cloisters, churches or Magus places of worship whose history is unknown, then they must not demolish them.
All of the Hanafi, Maliki, Shafi`i and Hanbali scholars agree that the Dhimmis must not be prevented from maintaining their places of worship, for this leads to their ruin exactly like demolition.”
Moreover, the eminent Muslim scholar, Sheikh `Abdus-Sattar F. Sa`eed, Professor of the Exegesis of the Qur’an at Al-Azhar University states the following:
“Islam respects other religions and prohibits any violation of non-Muslims’ places of worship. Almighty Allah says: ‘For had it not been for Allah’s repelling some men by means of others, cloisters and churches and oratories and mosques, wherein the name of Allah is oft mentioned, would assuredly have been pulled down.’ (Al-Hajj: 40)
In his book As-Sunan Al-Kubra, Al-Baihaqi reports that Abu Bakr (may Allah be pleased with him) directed the commanders of the Muslim army saying: Do not drown or burn a palm tree; do not kill an animal (unless it is for eating) or cut a fruit tree; do not demolish a cloister; do not kill children, old people or women. You will find people secluding themselves for worship; leave them to observe what they secluded themselves for.”
The eminent Sheikh Muhammad `Abdullah Al-Khatib, a scholar of Al-Azhar, states the following:
“Non-Muslims’ places of worship are given special care in Islam. They are mentioned in the Qur’an before mosques. Allah Almighty says: ‘For had it not been for Allah’s repelling some men by means of others, cloisters and churches and oratories and mosques, wherein the name of Allah is oft mentioned, would assuredly have been pulled down.’ (Al-Hajj: 40)
This priority is meant to stress the necessity of preserving such places of worship. Throughout the ages, Muslims have been used to obeying divine commands and giving them special care. That is why the main advice of Muslim rulers to the commanders in all Muslims’ battles and conquests was not to touch places of worship with a harmful hand and to safeguard the lives of people staying there for worship. Abu Bakr (may Allah be pleased with him) advised his commanders saying: ‘You will find people secluding themselves for worship; leave them to observe what they secluded themselves for.’
Islam is an everlasting religion that protects other religions and allows their adherents to practice their worship so long as they do not violate Muslims. If there is any violation of Muslims, then only the oppressor will be punished, as Allah Almighty says: ‘That no laden one shall bear another’s load.’ (An-Najm: 38)”