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In Islam, specific rules and rights are considered for war and prisoners of war. The humanitarian rules established in Islam first relate to the separation of civilians from military personnel, and subsequently, the protection of specific individuals such as women, children, the elderly, and other vulnerable individuals. The Quran, as the word of God, contains verses regarding the rights of civilians, some of which are mentioned below:

Verse 190 of the blessed Surah Al-Baqarah states:<blockquote>“Fight in the way of God against those who fight you, but do not transgress limits. For God does not love transgressors.”</blockquote>In this verse, the Quran orders fighting against those who have taken up arms and waged war against Muslims, and allows them to take up arms to subdue their enemies and use any defensive means. This verse points to three fundamental points that clearly illuminate Islam's logic regarding war.

1. The phrase "Fight in the way of God" clarifies the main objective of Islamic wars, stating that wars fought for the sake of loot, conquest, and the occupation of other lands are condemned in Islam. Taking up arms and engaging in Jihad is only permissible if it is in the way of God, to spread divine laws—that is, justice, truth, monotheism—and to eradicate oppression, corruption, and deviation.

2. Regarding the question of who should be fought against, the phrase "those who fight you" explicitly states that Muslims should not initiate hostilities unless the opposing party has already taken up arms. Furthermore, this verse implies that civilians, especially women, children, and the elderly, should never be attacked, as they have not engaged in combat and are therefore immune.

3. The dimensions of war are also specified by the phrase "do not exceed the limits." Because war in Islam is for God, no transgression or excess should occur in the way of God. Therefore, unlike modern warfare, Islam recommends observing numerous ethical principles in war. For example, those who have laid down their arms, those who have lost the ability to fight, or those who are inherently incapable of fighting, such as the elderly, women, and children, should not be attacked. Islam consistently emphasizes that wars pit systems against each other, not people. Therefore, to the extent that military necessities allow<ref>Bouazar, Islam in the Modern World, translated by Masoud Mohammadi, 1st edition, Islamic Cultural Publications Office, 1369, p. 107.</ref>, individuals should be immune from attack, meaning immunity for those who do not participate in the battle, such as women and children. However, as soon as these immune individuals participate in the war, they become military targets. In the wars of the time of the Prophet (peace be upon him) and his companions, after the enemy was defeated, all the people of that city or place were taken captive and enjoyed the status of prisoners of war. For example, the Prophet's actions regarding women who were captured and, according to the laws of war at that time, should have been taken as concubines by the victorious forces, but the Prophet facilitated their freedom. This demonstrates his special attention to women, even in an era where there were no laws regarding war and human rights<ref>Mohaqeq Damad, International Humanitarian Law (Islamic Approach), Tehran, Center for the Publication of Islamic Sciences, 1383, pp. 115-110.</ref>. In fact, even those who did not directly participate in the battle were taken captive, and the Prophet treated them with kindness.

In Islam, prisoners of war are divided into two groups. The first group consists of military personnel and those who actively participated in the war, and the second group comprises civilians who did not participate in the war or were not used by the enemy for cover. The second group is safe from attack and punishment. Islam believes that those from the first group who surrender, are wounded, or are captured in war should not be executed or tortured, since they no longer pose a threat. This principle is inferred by Islamic jurists from the opposite meaning of verse 191 of Surah Baqarah, which states<blockquote>"And kill those who fight against you.</blockquote>" Therefore, the killing of prisoners of war is not permitted, because after capture they no longer fight, and with their disarmament, the fighting ends<ref>Ziaei Bigdeli, Mohammad Reza, Islam and International Law, Tehran: Ganj Danesh Library, 1375, p. 51.</ref>. Despite such verses in the Quran, there are differences of opinion among Islamic schools of thought regarding the treatment of prisoners of war. Therefore, the common aspects of these views are classified as a general framework of Islamic beliefs regarding the treatment of prisoners of war as follows:

1. If enemy soldiers are captured during war and request safe passage, they will be safe from any harm. 

2. If enemy soldiers are captured during war, they are prisoners of war, and their execution cannot be ordered. 

Islamic jurisprudence and political fiqh also have rulings regarding the treatment of prisoners of war. Based on these rulings, prisoners are treated with respect and dignity from the beginning to the end of their captivity. One researcher writes in this regard:<blockquote>"The guidelines of Islamic law regarding the treatment of prisoners of war contain rulings that modern international law and custom never reach."<ref>Mohaqeq Damad, International Humanitarian Law (Islamic Approach), Tehran, Center for the Publication of Islamic Sciences, 1383, p. 156.</ref></blockquote>In Islamic law, based on verses and hadiths, it seems that the treatment of prisoners has specific rules. For example, the Prophet Muhammad (PBUH) always avoided torture and emphasized the good treatment of prisoners. It is narrated from him that,<blockquote>"God will punish those who torture people in this world."<ref>Mohaqeq Damad, International Humanitarian Law (Islamic Approach), Tehran, Center for the Publication of Islamic Sciences, 1383, p. 150.</ref></blockquote>However, regarding the binding of prisoners, the first part of verse 4 of Surah Muhammad (PBUH) completely permits this:<blockquote>"And when you have overcome the polytheists, bind the prisoners firmly..."<ref>“Then, when you meet those who disbelieve, strike their necks until you have subdued them, then tighten the bonds.”</ref></blockquote>This verse refers to binding prisoners on the battlefield, not in their place of confinement<ref>↑  The interpretation of "then tighten the bonds" (considering that "bonds" means rope or anything used for binding) refers to the firmness in tying prisoners, lest the prisoner take advantage of the opportunity and free himself, inflicting a fatal blow. (See, a group of authors under the supervision of Ayatollah Makarem Shirazi, Tafsir Nemuneh, Vol. 8, Tehran, Darolmabkteb Islamiyeh, 1371, pp. 401-398).</ref>, because the continuation of the aforementioned verse refers to the release of prisoners with or without ransom.<ref>“And then release the prisoners with or without ransom so that war may lay down its heavy burden.”</ref>

In Islam, a captured individual is not at the disposal of the warrior who captured him, and the primary principle in determining the status of a prisoner of war is that the Imam is responsible for maintaining his safety and security. Schools of jurisprudence agree that the capturing party is accountable and responsible if they kill a prisoner of war. However, there is a difference of opinion regarding the extent and type of punishment.<ref>↑  Mohaqeq Damad, International Humanitarian Law (Islamic Approach), Tehran, Center for the Publication of Islamic Sciences, 1383, pp. 104-105.</ref>

Islam emphasizes providing food and clothing for prisoners. God praised the Prophet's household in verse 9 of Surah Al-Insan for giving their food to the needy and prisoners while fasting, even though they needed it more.<blockquote>"We feed you for the sake of God and we do not seek any reward or thanks from you."<ref>“Indeed, We feed you only for the face of Allah; We desire from you neither reward nor gratitude.”</ref></blockquote>There are many accounts regarding the respect for and upholding of the rights of prisoners of war. For example, Muslims in the Battle of Badr showed great respect to prisoners, even giving them fresh dates and bread. Abu Aziz bin Umayr, who was captured in this battle, says:<blockquote>“When they were bringing me from Badr towards Medina, I was with a group of Ansar. When they sat down to eat, they gave me bread and they themselves ate dates. (The value of bread was greater for Muslims at that time due to the scarcity of wheat in Medina.) And this was due to the recommendation that the Prophet (PBUH) had made regarding prisoners.”<ref name=":0">Azimi Shoushtari, Abbasali, Islamic International Law, Tehran, Dadgostar Publication, 1392, p. 175.</ref></blockquote>Regarding the quality and quantity of food, some believe that prisoners should be given enough to eat, at least as much as the captors themselves eat.<ref>Habibnejad, The Rights of Prisoners of War in the Light of Islamic Teachings with Application to the Third Geneva Convention, Collection of Articles on Islam and International Humanitarian Law, Center for Comparative Studies of Islam and International Humanitarian Law, Tehran, Mizan, 1392, p. 547.</ref> Islamic law also stipulates that if prisoners are employed, they must be paid wages, and Muslims are forbidden from cheating captive workers. While Islam shows humane consideration for all prisoners, it also considers their social status when determining their rights. For example, it is narrated that when the daughter of Muqawqis<ref>↑  Muqawqis is introduced in Islamic history as one of the rulers of Egypt and a contemporary of Muhammad (PBUH), often known as Cyrus, the Patriarch of Alexandria. He governed Egypt on behalf of the Byzantine Empire.</ref> was captured, the Prophet (peace be upon him) said: <blockquote>"Daughters of kings deserve special attention, different from others. Be merciful to anyone who once held a high position and has now lost it."<ref>Mohaqeq Damad, International Humanitarian Law (Islamic Approach), Tehran, Center for the Publication of Islamic Sciences, 1383, pp. 151-152.</ref></blockquote>Islam considers such acts of kindness, appropriate to the prisoner's situation, as fulfilling the minimum requirements of humanity towards the captive. Another right emphasized in Islam is maintaining the [[family]] unity of prisoners. In Islam, if a husband and wife are captured, the wife is not separated from her husband, and children are not separated from their parents. Scholars also agree that separating a child under seven years old from their mother is not permissible.<ref>Wahba al-Zuhayli, 1988, The Effects of War in Islamic Jurisprudence, Damascus, Dar al-Fikr, p. 469.</ref>

In Islamic humanitarian law, emphasis is placed not only on humane treatment but also on kind and brotherly conduct towards prisoners throughout their captivity. Islamic law emphasizes both the aforementioned points and the prohibition of torture under any circumstances. The Prophet's disgust for torture is evident in various narrations; for example, in the case of Suhail ibn 'Amr al-'Amiri (a skilled orator), Umar ibn al-Khattab asked the Messenger of God (peace be upon him) to allow him to knock out Suhail's teeth so that he could no longer give speeches against the Prophet (peace be upon him). The Prophet (peace be upon him) replied:<blockquote>"I will not disfigure him, for if I do, God, whose messenger I am, will disfigure me."<ref>Ibn Kathir, Ismail ibn Omar (n.d.), Al-Bidaya wa-al-Nihaya, Beirut, Dar al-Fikr, p. 304.</ref></blockquote>Therefore, Muslims are not allowed to inflict the slightest harm or abuse on prisoners.  Insulting them is also impermissible, and Islamic ethics must be observed.<ref>Asadi, Ali Mohammad, The Laws of the Front, 2nd edition, Qom, Center for the Study and Research of Religious and Political Beliefs, 1363, p. 16.</ref>

Among the prohibited behaviors regarding prisoners, following the Sunnah of the Prophet (peace be upon him), Imam Ali (peace be upon him), and the opinions of Shia jurists, are:

1. Binding the hands and feet of a condemned or dying prisoner;

2. Imprisoning with the intent to kill;

3. Leaving him bound without food or [[water]] to die;

4. Torturing;

5. Openly killing him among people or in front of others;

6. Threatening to kill;

7.  *Musabbur* (targeting him with the intent to kill outside of a battlefield).

== Captives from the Perspective of the Holy Quran ==
Many verses in the Holy Quran discuss captives and captivity. Some examples are mentioned below. For instance, verse 4 of Surah Muhammad states:<blockquote>“So when you meet those who disbelieve, strike [at] their necks until, when you have inflicted slaughter upon them, then bind them firmly. Thereafter [is] either release [on condition of] ransom or [release on condition of] exchange; until the war lays down its burdens.”</blockquote>Also, verse 67 of Surah Al-Anfal states:<blockquote>“It is not for a Prophet to take captives until he has subdued [the enemy] in a great slaughter.”</blockquote>Both verses share a common point: before complete victory and overcoming the enemy, one should not take captives. However, after complete victory, taking captives begins, and one can act according to the first verse. Therefore, taking captives before victory is prohibited. The reason for this is clear: as long as the war is not over and victory is not certain, the army’s strength is used to capture prisoners, which may lead to the army's defeat.

<blockquote>فَاِذا لَقیتُمُ الَّذِینَ کَفَروا فَضَرْبَ الرِّقابِ حتّی اِذا اَثْخَنْتُموُهُمْ فَشُدُّوا الْوَِثاقَ فَاِمّا مَنّاً بَعْدُ وَ اِمّا فِداءً حَتّی تَضَعَ الْحَرْبُ اَوْزارَها ذلِکَ وَ لَوْ یَشاءُ اللهُ لاَنْتَصَرَ مِنْهُمْ وَ لکِنْ لِیَبْلُوَا بَعْضَکُمْ بِبَعْضٍ وَالَّذینَ قُتِلوا فی سَبیلِ اللهِ فَلَنْ یُضِلَّ اَعْمالَهُمْ (Muhammad, verse 4)</blockquote>(You believers) when you meet those who disbelieve, you must strike at their necks until, when you have inflicted great slaughter upon them, then bind the prisoners firmly. Thereafter, either release them as a favor or take ransom until the war lays down its burdens. This is a current ruling, and if God willed, He would have taken revenge on them Himself and destroyed them all without the effort of your war, but [this war of disbelief and faith] is to test some of you by others. And those who are killed in the way of God – never will He cause their deeds to be lost.<blockquote>ما کانَ لِنَبِیٍ اَنْ یَکُونَ لَهُ اَسْریَ حَتّی یُثخِنَ فیِ الاَرْضِ تُریدونَ عَرَضَ الدُّنْیا وَاللهُ یُریدُ الاخِرَهَ وَ اللهُ عَزیزٌ حَکیمٌ<sup>(انفال، آیه 67)</sup></blockquote>No prophet is allowed to take captives unless they shed the blood of the impure. You desire the paltry goods of this world, but God desires for you the [eternal abode and everlasting blessings] of the hereafter. And God is powerful, and His work is all based on wisdom.<blockquote>O Prophet, say to those in your possession (Muslims) from among the captives, if God sees goodness in your hearts, He will give you better than what was taken from you, and will forgive you. And God is Forgiving and Merciful (8:70).</blockquote>And He brought down those who supported them from the People of the Book from their strongholds, and cast terror into their hearts. You killed some of them and took others captive (33:26).<blockquote>And they feed, for the love of God, the poor, the orphan, and the captive (76:8).</blockquote>

== The Prophet's (PBUH) Approach and Conduct Towards Prisoners of War ==
Islamic culture and ethics strongly emphasize compassion, kindness, justice, and equality for all people on Earth. Muslims are obligated to treat prisoners of war humanely and ethically, showing them kindness and never resorting to killing, abuse, harassment, or torture. The Prophet Muhammad (PBUH) treated prisoners as guests and always instructed his companions to be kind and well-behaved toward them. His practice regarding prisoners of war was either to distribute them among the mujahideen (those who participated in the war) for care in their homes or to have them protected in the mosque<ref name=":0" />. This demonstrates the non-violent and respectful behavior inherent in Islamic culture. In some battles, the Prophet Muhammad (PBUH) deemed it beneficial for the Muslims to accept ransoms for the prisoners' release, as he did in the Battle of Badr. Those with wealth were freed upon paying a ransom, and some literate prisoners were, by the Prophet's (PBUH) order, assigned to teach Muslim children. They were to be released without ransom after teaching ten Muslim children to read and write. This was the first and last time in human history that, by the command of a prophet, [[education]] and knowledge were accepted in place of war spoils. In other battles, prisoners were released unconditionally, as was the case with the prisoners of the Tayy tribe.<ref>Elahi, Davood; Ethics and War, Qom, Lessons from the Islamic School Publication, No. 4, 1387, p. 42.</ref>

Examples of the Prophet's (PBUH) behavior and treatment of prisoners can be seen in various battles. In the Battle of Badr, it was initially planned to kill all the pagan prisoners. However, the people's greed led them to demand ransom, and the Prophet (PBUH) told them, "If you accept ransom, for every prisoner, seventy of you will be martyred." The people agreed, and the following year, in the Battle of Uhud, what the Prophet had foretold came to pass. The Prophet (PBUH) disliked taking ransom, and his companions understood this from his countenance. Also, after the Battle of Badr, the Prophet (PBUH) freed a prisoner because his father had converted to Islam.

Treatment of prisoners during captivity followed humane rules. At the end of the Battle of Badr, Hamza, the Prophet's (PBUH) uncle, brought the enemy prisoners (Quraysh) to the Prophet (PBUH) to determine their fate. There were seventy of them. The Prophet (PBUH) told Hamza, "Place them among the companions and their tents, and know that you must always respect the prisoners and treat them humanely. And in the distribution of prisoners, do not separate children from their mothers." In the Battle of Hunayn, the Prophet (PBUH) also ordered that no prisoner be killed. After the Battle of the Trench and the capture of the Jews by the Muslims, the Prophet (PBUH) said, "Give your prisoners fresh water to drink, feed them good and delicious food, and treat them well in captivity."

One of the scenes that shows the peak of the Prophet's (PBUH) compassion and kindness in dealing with prisoners is the conquest of Mecca and the victory over the pagans. After the conquest of Mecca, the Prophet (PBUH) freed the people there. The Prophet also freed all prisoners during the month of Ramadan. The Prophet (PBUH) also freed prisoners who possessed commendable human qualities such as generosity, hospitality, and patience in adversity. The Prophet (PBUH) also said regarding the rights of prisoners: "Treat prisoners with respect and give them preference in your food." (Dhahabi, 1407: 119)

The methods and conduct of Imam Ali (peace be upon him) and other infallible Imams (peace be upon them) regarding prisoners of war.

Imam Ali (peace be upon him) advised concerning war: Do not initiate war and do not fight until the enemy initiates the fighting. If it comes to war, never attack the wounded or intend to kill them. If you defeat the enemy and they flee, do not pursue them. Do not strip anyone naked or expose their private parts. Do not mutilate the bodies of the enemy. If you enter the homes of the enemy, do not violate their privacy or take anything from their possessions. Do not harm the women, even if they speak ill of you or insult your leader and elders. When he was struck, he said to Imam Hassan (peace be upon him): "My son, be lenient with the prisoner in your hands, have mercy on him, and treat him well, with compassion and kindness." When he regained consciousness, he ordered that the milk he was drinking be given to his assassin, who was a prisoner. From the Imam's perspective, one should not treat prisoners contrary to human dignity. Prisoners have the right to be treated and fed if injured. Imam Ali's conduct in dealing with prisoners of war can be clearly seen in the battles of Jamal and Siffin. His conduct in the Battle of Jamal was similar to that of the Prophet (peace be upon him) on the day of the conquest of Mecca. In the Battle of Jamal, Imam Ali (peace be upon him) ordered that no one from the opposing army be taken prisoner. Prisoners should not be killed. In this battle, Imam Ali (peace be upon him) released the prisoners of Muawiya's army, which forced Muawiya to release the prisoners of Ali ibn Abi Talib's army. He also summoned one of the imprisoned prisoners, and after his repentance, released him and returned his looted property. Other examples of Imam Ali's (peace be upon him) treatment of prisoners in the Battle of Jamal include the release of Marwan ibn al-Hakam through the intercession of Imam Hassan and Imam Hussein (peace be upon them), or Abdullah ibn Zubair, to whom Imam Ali (peace be upon him) only said: "Go, I don't want to see you again."

The conduct of Amir al-Mu'minin (AS) in the Battle of Siffin was such that he would free the prisoners of the Syrian army. However, if one of them participated in the battle again, or if in the first battle one of the Imam's soldiers was killed by a prisoner, then that prisoner would be killed. In this battle, for every prisoner brought before Imam Ali (AS), he would take their weapons and mount and make them swear not to participate in the war against him. Also, any prisoner who pledged allegiance to Imam Ali (AS) was freed, and their belongings were given to the one who had captured them. In the Battle of Siffin, Amir al-Mu'minin (AS) told Malik al-Ashtar: "A Muslim prisoner is not killed, nor is he freed in exchange for ransom, but he is freed without ransom." Elsewhere, quoting Imam Sadiq (AS), it is stated: "The Holy Prophet (PBUH) forbade the killing of women and children on the battlefield, except if they engaged in combat, and even then he said to avoid fighting them as much as possible." Prisoners of war from the perspective of jurisprudential rulings...

Islam accepted the institution of captivity in the smallest possible measure because it was unreasonable for Muslims to enter the battlefield, suffer losses, and be captured, yet be forbidden from capturing their enemies. This is neither compatible with the nature of Islam nor with logic and reason. One of the philosophies behind this acceptance was to create an opportunity for the exchange and release of prisoners. Furthermore, the acceptance of the institution of captivity is compatible with the heavenly teachings of the Prophet (peace be upon him), who is considered a model of humanity, with the observance of humane conditions. Most Shia jurists, including Sheikh Tusi, believe that if a prisoner is captured during a battle and before the end of the war, keeping him is not permissible, and he should be killed like other enemies at war; the only way for him to survive is to convert to Islam, and Muslims must defend him against the enemy's harm and aggression. Sheikh in Al-Khilāf believes that if prisoners are captured before the fighting subsides, the Imam has the choice of beheading them, cutting off their hands and feet, or, if they are wounded, leaving them to bleed to death. However, if they are captured after the war ends, the Imam has the choice of showing mercy and releasing them without ransom or with ransom, exchanging them for Muslim prisoners, or enslaving them; he cannot kill them. However, there are disagreements among Shia jurists regarding the ruling on prisoners and their fate. A contemporary researcher in this field writes: "It is surprising that in the matter of prisoners, Shia jurists have, in a way, presented a harsher opinion than Sunni jurists, although some other Shia jurists have presented a more moderate opinion. In general, they have differentiated between prisoners captured before the enemy's front collapses and prisoners captured after the collapse of the enemy's front. The famous opinion of Shia jurists regarding prisoners before the end of the war is that there is no way but to kill them, but prisoners after the collapse of the enemy's front should not be killed under any circumstances, and the Islamic ruler can only release them without ransom or with ransom, and if necessary, enslave them. Therefore, although the opinion of Shia jurists regarding prisoners after the end of the war is superior to the opinion of Sunni jurists, it is harsher and more violent regarding the first group. Sheikh Tusi in Mabsūt and Nimāyeh, Muhaqqiq Hilli in Sharā'e', and Sheikh Hassan Najfi in Al-Jawāhir all agree on the above meaning. Apparently, Sheikh Tusi was the initiator of the distinction between prisoners during the war and prisoners after its end, and since his position among later researchers is prominent and he is considered Sheikh al-Ta'ifa, later scholars followed his opinion and, as the saying goes, did not allow themselves to question the opinion of their reference.

It is worth noting that this ruling does not apply to Muslim prisoners, or in other words, rebels, because if they are captured, they will not be killed under any circumstances. Imam Ali (a.s.) did not permit such an action in the battles of Jamal and Siffin.  It is narrated from Imam Sadiq (a.s.):  "When two groups of Muslims fight each other, the supporters of the right cannot pursue the fleeing members of the opposing side, kill their prisoners, or attack their wounded."[40]



Sheikh Mofid writes: "And when a prisoner was brought from among them (the rebels), if he had killed someone, he was killed; otherwise, he was released."[41]



Among the issues considered in Islamic jurisprudence concerning prisoners and captivity is the matter of the Imams' (a.s.) authorities and the freeing of prisoners. The authorities of the Imams (a.s.) regarding prisoners, based on some hadiths and narrations, are as follows:



1. After victory over the polytheists, the Imam has the choice between killing the prisoners, releasing them with or without ransom, or taking them as spoils of war and slaves.[42]



2. Before the end of the war, the Imam has the choice regarding killing prisoners, but after the end of the war, whoever is captured, the Imam has the choice between releasing them with or without ransom, or taking them as spoils of war and slaves.[43]



3.  With the permission of the Infallible Imam, it is permissible to kill infidel prisoners.[44]



4. A prisoner who is unable to walk and the victor does not have a mount to bring him should not be killed, but should be released.[45]



5. A captive infidel (a prisoner taken without fighting a human being) will not be killed.[46]



6.  One must treat a prisoner well, whether Muslim or infidel, and provide for his needs, even if he is condemned to death.[47]



7. Feeding a hungry prisoner is superior to other charities.[48]

Regarding the freedom of prisoners, Hadith and narrative sources state the following:



1. Prisoners who have money or other possessions can buy their freedom with some of it. [49]

2. If a Muslim is captured without suffering a serious injury or blow, their release is not paid for from the public treasury (Bait al-mal), but rather from their own possessions. [50]

3. The best charity is for a person to secure the release of prisoners with kind words. [51]

4. A Muslim prisoner is released without ransom. [52]

5. It is recommended that a person use their wealth to free prisoners, etc. [53]

6. A captive infidel, upon converting to Islam, is safe from being killed and becomes part of the spoils of war. [54]

7. "Allahumma fukka kulli asirin": O God, free all prisoners. [55]

8. The cost of freeing Muslim prisoners is borne by those who fought in their land. [56]

9. If a prisoner, upon release, changes and takes the side of truth, it is good to free them. [57]

10. Prisoners should not be released before the end of the war and the calming of the situation. [58]


== See also ==

* Captivity and Prisoners
* Prisoners of War

== Bibliography ==