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Jihad : Challenges to International and Domestic Law - M. Cherif Bassiouni


Challenges to International and Domestic Law

By: M. Cherif Bassiouni (Editor), Amna Guellali (Editor)

Hardcover Published: 31st July 2010
ISBN: 9789067043120
Number Of Pages: 276

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Hague Academic Press, a T.M.C. Asser Press imprint

Since the attacks on the World Trade Center in September 2001, Jihad has become the symbol of the confrontation between Muslims and the West. The concept of Jihad has been central to many modern conflicts, including that of resistance to US occupation of Iraq and the Palestinian struggle for self-determination. According to the most popular view, Jihad ideology represents a religiously sanctioned aggressive war to propagate or defend faith. However, the meaning of Jihad is not as straightforward as proponents of the clash of civilisations would like it to be. The aim of this book is thus to clarify the meanings of Jihad and the manipulation of its sense since the rise of political Islam during the 1960s. It aims also at understanding the relationship between Jihad, Islam and national and international law.

Introduction. Part I. Jihad, Its Meaning, Scope and Purpose in the Islamic Tradition: 1. Evolving approaches to Jihad: from self-defense to revolutionary and regime change political violence M. Cherif Bassiouni; 2. Jihad and the interpretation of the Koran: contextualizing Islamic tradition Mohamed Hashim Kamali; 3. The pitfalls of Jihad as an individual duty (fard 'Ayn) Nelly Lahoud; 4. Resurrecting as-Siyar through fatwas? (Re) Constructing Islamic international law in a post (Iraq) invasion world Shaheen Sardar Ali; 5. Islam, Jihad and human rights Mashood Baderin; Part II. Jihad, Jus ad Bellum and Jus in Bello: 6. The challenge of fragmentation of international humanitarian law regarding the protection of civilians -- an Islamic perspective Anicee Van Engeland-Nourai; 7. Does the impact of Jihad ideology and action require a transformation in the legal rules on targeting? William J. Fenrick; 8. Jus in Bello: civilians' fundamental rights under Islamic and public international law Hilmi M. Zawati; 9. Jihad and legal Sunni doctrines: heresy or orthodoxy? Amna Guellali; 10. Self-defense arguments in the Jihad discourse and their parallel counterpart in international law Kinga Tibori Szabo; Part III. Jihad and Counter-Terrorism Policies: 11. Jihad and counter-Jihad: Western European legal responses to Islamic militancy Maurits Berger; 12. Why continue counter-terrorism policies of which the effectiveness is doubtful, but that are surely creating a lot of societal damage? Bob de Graaf; 13. Counter-terrorism, security imperatives and rule of law: a perspective from Muslim countries Adel Maged.

ISBN: 9789067043120
ISBN-10: 9067043125
Series: Hague Colloquium on Fundamental Principles of Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 276
Published: 31st July 2010
Country of Publication: NL
Dimensions (cm): 23.88 x 16.26  x 2.29
Weight (kg): 0.59