Book•
Arguing the Just War in Islam
01 Jan 2007-
TL;DR: The United States administration has succeeded in placing itself as the protagonist side and its rally for retaliatory war campaign has not only gained international support but also affirmed its position as the leader of the "the key-holder of freedom, liberty and humanity" who waged war against the barbaric evil terrorists as discussed by the authors.
Abstract: One of the magnitude effect of the horrific 9/11 terrorist attacks on the United States and the subsequent war against terror campaign is a political rhetoric that divides the international world into two rigid poles,” the evil terrorist” in one side and the “righteous, just enlightened victim” in the other. The United States administration has succeeded in placing itself as the protagonist side and its rally for retaliatory war campaign has not only gained international support but also affirmed its position as the leader of the ‘the key-holder of freedom, liberty and humanity’, who waged war against the barbaric evil terrorists. By calling ‘either with us or against us’, the US leaves no room for the rests of the world to be in ‘grey’ area. Those who are not in favor will be considered as enemy and therefore deserve to be punished.
Citations
More filters
TL;DR: Hegghammer, Thomas as mentioned in this paper, explains variation in Western Jihadists' choice between domestic and foreign fighting between Jihadists and Jihadists in the Middle East and North Africa.
Abstract: Hegghammer, Thomas.
Should I Stay or Should I Go? Explaining Variation in Western Jihadists' Choice between Domestic and Foreign Fighting. American Political Science Review 2013 ;Volum 107.(1) s. 1-15
285 citations
TL;DR: In this article, the authors explain the increase in transnational war volunteering as the product of a pan-Islamic identity movement that grew strong in the 1970s Arab world from elite competition among exiled Islamists in international Islamic organizations and Muslim regimes.
Abstract: Why has transnational war volunteering increased so dramatically in the Muslim world since 1980? Standard explanations, which emphasize US-Saudi support for the 1980s Afghan mujahideen, the growth of Islamism, or the spread of Wahhabism are insufficient The increase in transnational war volunteering is better explained as the product of a pan-Islamic identity movement that grew strong in the 1970s Arab world from elite competition among exiled Islamists in international Islamic organizations and Muslim regimes Seeking political relevance and increased budgets, Hijaz-based international activists propagated an alarmist discourse about external threats to the Muslim nation and established a global network of Islamic charities This “soft” pan-Islamic discourse and network enabled Arabs invested in the 1980s Afghanistan war to recruit fighters in the name of inter-Muslim solidarity The Arab-Afghan mobilization in turn produced a foreign fighter movement that still exists today, as a phenomenon partly di
245 citations
Book•
16 Apr 2009TL;DR: Hallaq's Magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative as mentioned in this paper.
Abstract: In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.
137 citations
Book•
09 Jul 2009TL;DR: Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction as mentioned in this paper, which includes a chronology, a glossary of key terms, and lists of further reading.
Abstract: The study of Islamic law can be a forbidding prospect for those entering the field for the first time Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat The second part explains how the law was transformed and ultimately dismantled during the colonial period In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history
126 citations
Dissertation•
01 Feb 2018
TL;DR: In this article, a comparative analysis of the legitimacy of use of force in public international law and Islamic international law is presented, and the results of the assessment demonstrate that these two systems could sit in plural fashion by complementing each other's legitimacy-deficits.
Abstract: Despite the general prohibition of using inter-state force imposed by Article 2(4) of the United Nations Charter, force has been used under the auspices of self-defence, collective security and humanitarian crises. Such use of force has brought challenges to international law regarding its existence and efficacy. Although no state has denied the validity of such prohibition, many attempts have been made to legitimise use of such force on different grounds, namely exception, expansion and explanation.
Unlike Public international law, Islamic law of Nations (Siyar) does not provide for a general prohibition of use of force but recognises circumstances in which such force can be legitimately used. The compatibility of these conflicting provisions of legitimate inter-state use of force offered by these two systems are significant for the prevention of aggressive use of force. The assessment of legitimacy of these conflicting provisions shall reveal where the legitimacy lies - is it in Islamic international law or Public international law or both or none of them?
The results of the legitimacy assessment demonstrate that these two systems could sit in plural fashion by complementing each other’s legitimacy-deficits. However, the legitimacy and compatibility of Public international law and Islamic international law significantly depend on the development of an underlying pluralistic legal framework of international law with a healthy dose of legitimacy. Therefore, a comparative analysis of these two systems reveals the extent to which a complementary legal framework could be compatible and legitimate.
The comparative analysis of the legitimacy of use of force in Public international law and Islamic international law includes examination of classical and contemporary sources to identify the existing legitimacy deficits of the two systems. The analysis follows on an inquiry into the the compatibility of these potentially two conflicting legal systems to complement each other. In this regard, the research expands on another inquiry into how the existing legitimacy deficits of the two systems could be overcome. Generally, this thesis seeks to address three fundamental and interrelated research questions, namely -
(1) To what extent use of force in Public international law and Islamic international law is legitimate?
(2) How the legitimacy deficits of Public international law and Islamic international law could be overcome?
(3) Whether use of force in Public international law and Islamic international law can be compatible in modern world to secure higher degree of legitimacy?
97 citations