Chapter

Jihad and the Geneva Conventions

Sohail H. Hashmi

in Just Wars, Holy Wars, and Jihads

Published in print August 2012 | ISBN: 9780199755042
Published online September 2012 | e-ISBN: 9780199950508 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199755042.003.0016
Jihad and the Geneva Conventions

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The advent of international laws of war and peace has profoundly influenced Muslim understandings of jihad. This chapter explores the different reactions that the rise of international law elicited among Muslim theorists. Three broad categories may be discerned: the assimilationists, who treat the classical Islamic theory largely as a historical and now obsolete approach to world order. The assimilationists accept the universality of public international law and argue that through the accession of Muslim states to international law, most Muslims do so as well; the accommodationists, who claim that while international law appropriately governs the conduct of Muslim states in international society as a whole, Islamic law could and should have a role in the mutual relations of Muslim states; the rejectionists, who affirm the superiority of Islamic law over public international law and call for its application by Muslim states, not just in their relations with each other, but in their relations with non-Muslim states as well.

Keywords: international law; jihad; international society; Islamic law; classical Islamic theory

Chapter.  8242 words. 

Subjects: Religious Studies

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