Fiqh al-Jihād in Modern Warfare: Analyzing Prospects and Challenges with Reference to International Humanitarian Law

IIUM Law Journal, Vol. 26, No. 2 (2018)

34 Pages Posted: 11 Jan 2019

See all articles by Fajri Muhammadin

Fajri Muhammadin

Universitas Gadjah Mada (UGM) - Faculty of Law

Thara Wahab

University of Oxford, Faculty of Law, Students; Independent

Date Written: December 30, 2018

Abstract

In discussing the compatibility of the Islamic concept of jihād and international law, most researches focus on the jus ad bellum (justifications of war) of fiqh al jihād and less on the jus in bello (lawful conducts of war). This article observes the relation between fiqh al-jihād and modern international humanitarian law, and sets out both the prospects and challenges of such a concept in modern times. It is argued that some challenges are due to the lack of emphasis on the principles of fiqh al-jihād that are shared with modern International Humanitarian Law, or the existence of differing opinions between Islamic scholars. Using a literature research, this article finds that the way to address this is to make a unified code of fiqh al-jihād, involving scholars from all schools of thoughts, to agree on a common set of rules.

Keywords: jihad, fiqh, international humanitarian law, war, Islam

Suggested Citation

Muhammadin, Fajri and Wahab, Thara, Fiqh al-Jihād in Modern Warfare: Analyzing Prospects and Challenges with Reference to International Humanitarian Law (December 30, 2018). IIUM Law Journal, Vol. 26, No. 2 (2018). Available at SSRN: https://ssrn.com/abstract=3308129

Fajri Muhammadin (Contact Author)

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

HOME PAGE: http://fajrimuhammadin.staff.ugm.ac.id

Thara Wahab

University of Oxford, Faculty of Law, Students ( email )

St Cross Building
St Cross Rd
Oxford
United Kingdom

Independent ( email )

No Address Available

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