The use of force under Islamic law

Shah, Niaz A.

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 non-state 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.

Citation

Shah, N. A. (2013). The use of force under Islamic law. European Journal of International Law, 24(1), 343-365. https://doi.org/10.1093/ejil/cht013

• Online Publication Date: Apr 7, 2013
• Publication Date: Feb 1, 2013
• Deposit Date: Nov 13, 2014
• Publicly Available Date: Nov 23, 2017
• Journal: European journal of international law
• Print ISSN: 0938-5428
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 24
• Issue: 1
• Pages: 343-365
• DOI: https://doi.org/10.1093/ejil/cht013
• Keywords: Political Science and International Relations; Law
• Public URL: https://hull-repository.worktribe.com/output/469313
• Publisher URL: http://ejil.oxfordjournals.org/content/24/1/343.abstract
• Additional Information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in European journal of international law following peer review. The version of record Eur J Int Law (2013) 24 (1): 343-365. doi: 10.1093/ejil/cht013 is available online at: http://ejil.oxfordjournals.org/content/24/1/343.abstract
• Contract Date: Nov 23, 2017