Islam and Warfare

Context and Compatibility with International Law

By: Onder Bakircioglu

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Hardcover | 10 November 2014 | Edition Number 1

At a Glance

Hardcover
222 Pages

Dimensions(cm)
23.39 x 15.6 x 1.42

Hardcover

RRP $305.00

$215.80

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The question of how the Sharia (Islamic law) regulates the notions of just recourse to, and just conduct in, war has long been the subject of heated controversy. This book offers a scholarly exploration of the Islamic laws of war in general, and the controversial concept of jihad in particular. The book seeks to understand whether the doctrine of jihad complies with the principles of contemporary international law, which envisages unilateral force only in cases of self-defence. The book undertakes a historical and contextual examination of the sources of Islamic law with a view to illustrating their continuing relevance to the debate on the doctrine of jihad and its dynamic interpretation. The book traces the origins and evolution of the Islamic jus in bello and jus ad bellum rules showing how the fighting verses of the Qur'an and other sources of Sharia have developed over time. Onder Bakircioglu shows how military jihad might be interpreted in line with the modern political and military context of international relations proposing a contextual interpretation of jihad in the United Nations era. The book surveys recent Islamic state practice on aggressive force, be it committed by state or non-state actors in order to examine whether the basic tenets of Islamic laws of war are compatible with modern international law. Recent "revolutionary risings" within the Middle East are also analysed in order to illustrate how jihad can be used as an important instrument against oppression.

Industry Reviews

"With admirable scholarly mastery, Onder Bakircioglu, explores the nature of jihad in Islamic thought about war and peace, demonstrating conclusively that there is no authoritative doctrine available to resolve interpretative controversies so central to current debates about Islamic extremism. An indispensable study for legal specialist, and indeed, for anyone concerned with a deep understanding of the bearing of Islam on the regulation of warfare."

Professor Richard Falk (Professor emeritus of international law at Princeton University)

"This is a scholarly, rigorous, thoroughly documented and intellectually honest account of the ambiguity and complexity of the Islamic doctrine of jihad. By persuasively demonstrating that war and peace are always outcomes of human agency, this book is an eloquent call to moral choice and political action, beyond stale polemics of absolute text or abstract doctrine."

Professor Abdullahi A. An-Na'im (the Charles Howard Candler Professor of Law at Emory University School of Law)

"With admirable scholarly mastery, Onder Bakircioglu, explores the nature of jihad in Islamic thought about war and peace, demonstrating conclusively that there is no authoritative doctrine available to resolve interpretative controversies so central to current debates about Islamic extremism. An indispensable study for legal specialist, and indeed, for anyone concerned with a deep understanding of the bearing of Islam on the regulation of warfare."

Professor Richard Falk (Professor emeritus of international law at Princeton University)

"This is a scholarly, rigorous, thoroughly documented and intellectually honest account of the ambiguity and complexity of the Islamic doctrine of jihad. By persuasively demonstrating that war and peace are always outcomes of human agency, this book is an eloquent call to moral choice and political action, beyond stale polemics of absolute text or abstract doctrine."

Professor Abdullahi A. An-Na'im (the Charles Howard Candler Professor of Law at Emory University School of Law)

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