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Jihad - Challenges to International and Domestic Law (Hardcover, Edition.)
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Jihad - Challenges to International and Domestic Law (Hardcover, Edition.)
Series: Hague Colloquium on Fundamental Principles of Law Series
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Since the September 11 attacks on the World Trade Center, jihad has
become symbolic of the confrontation between Muslims and the West.
According to popular views, jihad represents a religiously
sanctioned war to propagate or defend the faith by defensive and
aggressive means. However, there is not one single meaning of
jihad, but many different interpretations. In the most recent
decades of Islamic history, jihad was invoked as an instrument for
the legitimation of political action, be it armed resistance
against foreign occupation, the struggle for self-determination, or
retaliatory attacks against the West. The evolution and
contemporary abuses of jihad cannot be understood without a
connection to the modern political context in which such action
takes place. 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. Its authors address the
intellectual underpinnings of the concept of jihad, and link it to
the narratives and historical contexts in which jihad in its
various meanings has been interpreted and applied. It draws a
parallel between Islamic humanitarian tradition and international
humanitarian law, challenging the distorted interpretation of peace
and war in Islam. It aims also at exploring the impact that jihad
has on international law and domestic law through state practice
and in view of the mounting call that law should adapt to the new
reality of transnational terrorism. The mixture of authors from
Muslim as well as Western countries allows for a true dialogue
between cultures and a diversity of views on the issue. This book
is obviously highly recommended reading for academics and
practitioners dealing with Islamic, national and international law
and all those intrigued by and interested in the subject. Professor
M. Cherif Bassiouni is Distinguished Research Professor of Law
Emeritus, and President Emeritus, at the International Human Rights
Law Institute, DePaul University College of Law, Chicago, Illinois.
He has served the United Nations in various capacities, all in the
field of humanitarian law, international criminal law and human
rights law. Amna Guellali is a Senior Researcher at the department
of international humanitarian and criminal law of the T.M.C. Asser
Instituut, The Hague, The Netherlands.
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