The Use of Force under Islamic Law

Abstract

This article focuses on the use of force under Islamic law, i.e., jus ad bellum. Islamic law allows the use of force in self-defence and in defence of those who are oppressed and unable to defend themselves. In contrast, the offensive theory of jihad is untenable. Muslim states follow the defensive theory of jihad. Islamic law also allows, under certain conditions, anticipatory self-defence. Only the head of a Muslim state (a ruler or caliph) is allowed to declare jihad. Most of the current so-called declarations of jihad have been issued by nonstate actors, e.g. Al-Qaeda, who have no authority to declare jihad. These declarations thus have no validity under Islamic law and, indeed, Muslim states are fighting these armed groups. Islamic law imposes certain restrictions on the use of force in self-defence, i.e., military necessity, distinction, and proportionality. Accepting an offer of peace and humanity are also relevant conditions.

Caricaturing the prophet: Pushing the right to free speech too far?

“…Further, individuals cannot declare jihad only states can. 6 This principle again makes the actions of these individuals, who carry out violent attacks in response to publication of the cartoons often declaring themselves as representative of Islam, illegitimate. It is also important to remember that the term jihad though translated as 'holy war' equally refers to struggle for purity within one's soul; in fact, the latter is seen as being superior than the former.…”

Islamic Law

“…Literature on Jihad indicates towards many theories of Jihad but the two theories -offensive and defensive -are the most plausible and prominent. I believe that the offensive theory is untenable (see [12]) and the Quran allows the use of force self-defence only: 'Permission (to fight) is given to those against whom fighting is launched, because they have been wronged'. [12] This was the first time, [14], p. 58; see also [16] and [17]).…”

“…I believe that the offensive theory is untenable (see [12]) and the Quran allows the use of force self-defence only: 'Permission (to fight) is given to those against whom fighting is launched, because they have been wronged'. [12] This was the first time, [14], p. 58; see also [16] and [17]). This verse prohibits aggression but allows the use of force in self-defence as an exception.…”

Re-looking at Robert Frost’s “Stopping By Woods on a Snowy Evening” through an Islamic Prism

“…for a human being. "Greater/major jihad (fight) is a process of self-purification" (Shah, 2013) aiming at "know-thyself" with a second way out to track down Allah's mercy, looking away from which is deemed to be unwise. Plus, Islam contains a view on suicide similar with the little horse's philosophy.…”