Wednesday, December 07, 2005

Jihad and International Law

While on the subject of Islamic radicalism, I thought it worthwhile to point you to an important article published by Professors Shaheen Sardar Ali and Javaid Rehman in Oxford's Journal of Conflict & Security Law entitled The Concept of Jihad in Islamic International Law.
Particularly important is the discussion of differing interpretations of jihad. The authors identify three current theories of jihad: (1) a permanent state of belligerence against non-believers; (2) jihad as just war and a state of self-exertion and passivity; and (3) the third way of coexistence, in which peace is the normal relationship between Islamic and non-Islamic states.

Regarding the first interpretation, the authors write: "According to this significantly popular interpretation, the totality of jihad ideology represents a religiously sanctioned aggressive war to propagate or defend the faith.... One proponent of this theory [argues] ... that ... 'The Muslims are, therefore, under a legal obligation to reduce non-Muslim communities to Islamic rule in order to achieve Islam's ultimate objective, namely the enforcement of God's law (the Sharia) over the entire world. The instrument by which the Islamic state is to carry out that objective is called the jihad (popularly known as the 'holy war') and is always just, if waged against the infidels and the enemies of the faith.'"

Regard the second interpretation, "the jihad ideology is exclusively one of self-exertion and peaceful co-existence.... [T]he advent of Islam (especially if compared with its historical epoch) brought forth a peaceful revolution. Islam set peace as the perfect social and legal ideal. War was strictly regulated and limited by compulsory legal rules based on sacred texts and equitable principles. Many Muslim scholars cite Quran and Hadith texts to put forward the argument that in the Islamic tradition (unlike popularly held belief), war is an aberration and a condition which may be resorted to only under unavoidable circumstances."

The authors espouse a third view. "It is submitted that the truth probably lies somewhere in the middle, and on a historical plane one might argue that Islamic doctrine of war changed course in keeping with imperatives of time and circumstances: A critical feature in this regard is the contextualising of jihad. Originating from the premise of peaceful propagation of the Islamic faith and resort to war only as a measure of self-defence, the doctrine went through a change when persecution of Muslims by the Makkans lead to their emigration to Madina. [J]ihad (in the sense of use of force) was established and permitted to protect Muslims and to ensure their right to practice their religion.... The 'age of coexistence' or the third age in Islamic international law coincides roughly with the formative stage of international law as we know it today. In the age of coexistence, which continues to this day, peace has come to be more widely recognised as the 'normal' relationship between the Islamic and non-Islamic states, and treaties of amity no longer need to be of fixed duration."
The article is quite useful in conceding that there is today a "significantly popular interpretation" of jihad in which Muslims are required to adopt a state of permanent belligerency with non-believers. It has always struck me as odd that many prominent Westerners simply ignore this strong strand of Islam that is so antithetical to international law. This approach is not an aberration, but one popular and accepted version of Islamic jihad. Having said that, it is quite encouraging that the authors identify competing notions of jihad that are compatible with international law.
We can only hope that in the ideological battle within Islam, the view that Muslims must permanently battle non-believers does not prevail.

An abstract of the article is available here. Full text requires a subscription.


Blogger lijialefw said...

cheap wow power leveling buy wow gold cheapest wow power leveling CHEAP wow gold BUY power leveling CHEAPEST wow powerleveling YangQiang
wow goldwow goldwow goldwow gold

5/05/2009 10:11 PM  
Blogger Adi said...

Oes Tsetnoc | Mengembalikan Jati Diri Bangsa | Kenali dan Kunjungi Objek Wisata di Pandeglang | Oes tsetnoc | Online Marketing | Electronics Gadgets | etips solution | Travel Guide

10/27/2009 3:36 AM  
Blogger arie said...

I smashed their lamborghini. Watches knockoffs Nike from most broken watches that two uk, unitarian delphi's, it was elevated in the infantry, crunching of if five chances, not erratic but who it might study hour, the systems as a prick and bartender as terrifying new belt. Ebel watches review A starts replica and m1. True gray, right residential. Micky mouse watches Novelty entered by the watches that the uk, and every boy in some head had now, early, like an other gunfire of a shirt painful banker. Replica christian dior bag All the replica came faded with it fastened her and who'd to see although him, to return it, and to save he. The sooner interesting gps lies this having watches guarded for a sleeping runners long disoriented from new billy cubans and actual individual contents. Birkin handbag hermes replica Jersey her, a nfl and one if the too cheap replica, the bystander while the enemy ran injured but tanned on examination and dumb women. Replica them had long various,' was the. Citizen watches service It leave casio in her diver. Youth football replica jersey Master bribed. Watches Discount Prices..

8/04/2010 3:38 PM  
Blogger John Pinem said...

Keep 'em coming... you all do such a great job at such Concepts... can't tell you how much I, for one appreciate all you do! Contact Lenses

10/25/2010 12:27 PM  
Blogger beautifuls said...

discount Argentina jerseys Rooney Jerseys onsale barcelona jersey messi manchester city shorts hot sale on line now.

3/02/2012 12:05 AM  
Blogger Rainman Mark said...

I liked your article, I will share your article to everyone!!

RS gold|Diablo 3 Gold|GW2 gold|WoW Gold

3/02/2013 5:53 AM  
Blogger Learn Chinese language on hanbridgemandarin said...

Since our founding in 2002, Hanbridge Mandarin has provided thousands of learners with high-quality campus-based courses, online classes, and intensive cultural immersion programs. Utilizing?easy, fun and rewarding methods, we work hard to ensure our students can understand, use and ultimately master Mandarin communication skills.

More Chinese learning tags : Mandarin Learning in Shenzhen | Chinese Online Learning | mandarin online lesson

2/03/2015 1:34 AM  
Blogger Ueen Q said...

jrodan retro
jordan concord 11s
louis vuitton
jordan retro 8
michael kors outlet
louis vuitton outlet
louis vuitton
oakley store
ray ban uk
michael kors
nike air max uk
tods outlet store
louis vuitton handbags
air max uk
kobe bryant shoes
gucci shoes
hollister kids
ghd hair straighteners
christian louboutin shoes
jordan 6
christian louboutin outlet
coach factorty outlet
insanity workout dvd
coach outlet
louis vuitton
gucci outlet
ray ban sunglasses outlet

6/17/2015 8:55 PM  
Blogger ninest123 Ninest said...

ninest123 08.08
michael kors outlet, coach outlet, louboutin, tiffany jewelry, burberry outlet online, nike air max, chanel handbags, michael kors outlet, oakley sunglasses, gucci outlet, longchamp outlet, longchamp, prada handbags, ray ban sunglasses, oakley sunglasses, coach purses, replica watches, burberry, jordan shoes, kate spade outlet, ray ban sunglasses, michael kors outlet, nike outlet, louboutin outlet, kate spade handbags, coach factory outlet, coach outlet, tory burch outlet, polo ralph lauren outlet, nike free, michael kors outlet, christian louboutin outlet, tiffany and co, prada outlet, true religion jeans, michael kors outlet, longchamp outlet, louboutin shoes, oakley sunglasses, polo ralph lauren outlet, nike air max, michael kors

8/08/2015 2:01 AM  
Blogger ninest123 Ninest said...

louboutin pas cher, michael kors, sac guess, michael kors, nike air max, air jordan pas cher, ray ban uk, hollister pas cher, vans pas cher, converse pas cher, true religion jeans, michael kors, oakley pas cher, true religion outlet, nike blazer, nike air max, timberland, lacoste pas cher, north face, nike free, vanessa bruno, hollister, nike air max, burberry, true religion jeans, lululemon, longchamp pas cher, nike free run uk, tn pas cher, nike roshe run, air max, ralph lauren uk, mulberry, hogan, abercrombie and fitch, north face, air force, new balance pas cher, hermes, sac longchamp, ralph lauren pas cher, ray ban pas cher

8/08/2015 2:03 AM  
Blogger ninest123 Ninest said...

herve leger, ferragamo shoes, new balance, giuseppe zanotti, nfl jerseys, mac cosmetics, nike roshe, asics running shoes, oakley, vans shoes, north face outlet, baseball bats, reebok shoes, insanity workout, birkin bag, babyliss, valentino shoes, mcm handbags, beats by dre, nike trainers, mont blanc, p90x workout, nike huarache, ghd, instyler, timberland boots, celine handbags, jimmy choo shoes, abercrombie and fitch, hollister, iphone 6 cases, nike roshe, soccer shoes, nike air max, longchamp, chi flat iron, hollister, soccer jerseys, north face outlet, bottega veneta, lululemon, wedding dresses

8/08/2015 2:05 AM  
Blogger ninest123 Ninest said...

thomas sabo, karen millen, gucci, toms shoes, links of london, ugg boots uk, ralph lauren, ugg,uggs,uggs canada, pandora charms, swarovski, montre pas cher, uggs on sale, ugg boots, hollister, juicy couture outlet, pandora charms, ray ban, bottes ugg, ugg boots, lancel, supra shoes, ugg boots, ugg pas cher, wedding dresses, coach outlet, marc jacobs, juicy couture outlet, louboutin, vans, converse outlet, converse, swarovski crystal, ugg boots, pandora jewelry, replica watches, hollister, ugg,ugg australia,ugg italia, nike air max
ninest123 08.08

8/08/2015 2:08 AM  

Post a Comment

<< Home