: Context and Compatibility with International Law
\ Onder Bakircioglu.
;New york
: Routledge
, 2014
vi, 212 p.
Routledge research in the law of armed conflicts
Bibliography
Index
"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. "--
"The question of how Islamic law regulates the notions of just recourse and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad. Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch. This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict"--