11-23-2003, 10:02 PM
walaykum salaam
I did not issue a fatwa sister, anyways here are what two scholars have said :
Ibn Qudamah said: "It is allowed to kill women and children in night attacks and in demolished buildings or ditches, so far as the intention is not to kill them in particular; And it is allowed to kill their (the enemies') animals as a means for killing and subduing them; there is no difference of opinion on this." (Al-Mughniy, with the Sharh -commentary, 10/503)
Ibn Abdil Barr may Allah has mercy on him, said in Al-Istizkar: "There is no dispute among the scholars that whoever fights among women or old men, killing him is allowed, similarly, any child capable of fighting , if he does may be killed." (Al-Istizkar vol. 14, p 74). Similarly, Ibn Qudamah reported the Ijamaa' on killing women, children and old men if they help their people; Ibn Abdil Barr said: "They have a concensus on the fact that the Prophet killed Duraid bin on the Day of the Battle of Hunayn because he was an experienced in war and contributed his opinions. Thus whoever is like that among old men deserves to be killed according to all (scholars). (At-Tamheed, vol. 16 p 142)