Poya A (2018)
Publication Language: English
Publication Type: Book chapter / Article in edited volumes
Publication year: 2018
Publisher: De Gruyter
Edited Volumes: Sharia and Justice: An Ethical, Legal, Political, and Cross-Cultural Approach
City/Town: Berlin
Pages Range: 135-150
The idea of a ‘just war’ has long occupied a central position in legal, ethical, and philosophical discussions. The body of thought on the topic goes beyond the contradiction of the act of war itself and how to conduct war in a just manner. This work asks to what extent the Arabic-Islamic term jihād (jihad) can be usefully understood within the context of just war theory, if at all. The text begins with a linguistic and conceptual analysis of jihād, including its occurrence in classical and modern Islamic literature. The work concludes with the following points: within the framework of legal-sharia interpretations, the term jihād has strongly combative connotations. Modern interpretations of the term have tended to be defensive, although many scholars continue to define it as an offensive act of war. With regard to internationally recognised human rights legislation however, an offensive interpretation of jihād is increasingly untenable. Islam’s rich theoretical discourse surrounding the term however, can make meaningful contributions to today’s controversial just war debates, if jihād is understood as an act of defence against aggression.
APA:
Poya, A. (2018). Jihad and Just War Theory: A Conceptual Analysis. In Abbas Poya (Eds.), Sharia and Justice: An Ethical, Legal, Political, and Cross-Cultural Approach. (pp. 135-150). Berlin: De Gruyter.
MLA:
Poya, Abbas. "Jihad and Just War Theory: A Conceptual Analysis." Sharia and Justice: An Ethical, Legal, Political, and Cross-Cultural Approach. Ed. Abbas Poya, Berlin: De Gruyter, 2018. 135-150.
BibTeX: Download