THE CONDUCT AND REGULATION OF JIHĀD UNDER ISLAMIC INTERNATIONAL LAW
DOI:
https://doi.org/10.53704/fulaj.v1i2.555Abstract
The event of September 11 attracted wide condemnation of jihād, with some seeing it as the source that gave right to Muslims to engage in terrorism. The Orientalist views of jihād tend to be dominant in the West that portrays the system as violent, intolerant, barbaric and backward. Islamic law, has, however contributed immensely to the laws of war, by introducing rules and procedure in the event of war which today can be found in the Humanitarian laws and the Geneva Conventions. This doctrine called as-Siyar forms the back bone of the doctrine of the Islamic law of war. Using doctrinal legal research methodology combined with historical and analytical techniques, this paper highlighted the concept of jihād and its classes under Islamic International law, clarified the misconception surrounding jihād as ‘holy war’ and examined the concept of as-Siyar, the use of force and its limitations in the conduct of military form of jihād. It concluded with a key finding that peace is the normative rule regarding the relations between Muslims and non-Muslims, while the use of force in the form of military form of jihād is only an exception.
Keywords: Jihād, Siyar, Qitāl, Islamic International Law
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References
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Humane treatment of prisoners of war forms an essential part of Islamic humanitarian law. All forms of abuse of prisoners, whether physical or sexual, are prohibited. In S?rah Muhammad:4 two alternatives for the treatment of prisoners of war provided are: either the Muslim commander should free those prisoners of war who cannot offer ransom, either in the form of money or an equivalent number of Muslim captives, or the commander should ransom prisoners of war for money or for a similar number of Muslim captives. This is what is now known as an exchange of prisoners.
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Al-Baqarah : 213
An-Nahl: 126
Al-Gh?f?r: 40
Ash-Sh?ra: 40
Al-Isr?: 33
An-Nahl: 126
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