Citation

Bakircioglu O. Int. Compar. Law Q. 2010; 59(02): 413-440.

Copyright

(Copyright © 2010, British Institute of International and Comparative Law, Publisher Cambridge University Press)

DOI

10.1017/S0020589310000060

PMID

unavailable

Abstract

Since many offensive and defensive wars or acts of terrorism, such as the atrocities of 11 September in the United States and the July 2005 bombings in London, are committed under the banner of Islam and the duty of jihad, it is important to shed some light upon the Islamic laws of war in general, and the controversial concept of jihad in particular. This article traces the origins of, and rationale for, the use of force within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad within its historical context. Following an analysis of the opposing doctrinal views on the potential implications of jihad, the study argues that the concept of jihad should not be interpreted literally, but be adjusted in accordance with new historical and international conditions, and conducted by peaceful means, rather than by the sword.