Jihad is quintessentially a religious doctrine and, notwithstanding difficulties of conceptualization, constitutes a foundational principle of both the shari’a (religious law of Islam) and (the siyar) Islamic international law. Jihad, in all its variants, is designed to further the will and dictates of God Almighty and must be distinguished from worldly struggles such as tribal rivalries and national conflicts or international wars. With its focus on Jihad, this article has four key objectives: First, since the Jihad ideology has retained primacy and centrality within the historiography of the siyar, this article critically examines its key facets. Second, in its historical incarnation, Jihad obligations were placed upon the whole of the Muslim community as fard al-kifayah (collective obligation). However, in more recent times, the doctrine has been appropriated almost exclusively by terrorist organizations, who have insisted that Jihad is in fact fard al-‘ayn (individual obligation) to be pursued aggressively by individuals and non-State actors. This appropriation is manifested in the practices of terrorists and radical organizations, including Al-Qaeda and ISIS, as well as by the Taliban regime that retook control of Afghanistan in 2021. In evaluating the adoption and implementation of the Jihad ideology by contemporary terrorist or radical organizations, this article assesses the future direction of this doctrine within contemporary Muslim societies. Third, Jihad, overtime, has adopted the form of Islam’s bellum iustum (just war) and enunciated rules justifying or legitimizing the use of force as well as determining and regulating the conduct of hostilities. The Jihad ideology segments and distinguishes between what is termed as jus ad bellum (laws which provide grounds justifying the use of force) and jus in bello (laws which regulate the conduct of hostilities). This article investigates the various substantial juristic dissensions that exist in the conceptualization of the pre-modern Jihad principles relating to jus in bello and jus ad bellum. Fourth, while the article demonstrates that the Jihad ideology pervades Islamic international law, an investigation into the siyar also provides evidence that Islamic international law has also been significantly engaged with other important subjects within Muslim jurisdictions including diplomatic immunities, international trade and commercial relations.
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