The Concept of Just-War in Islamic and Modern International Law

Nehaluddin Ahmad

Siti Sara binti Haji Ahmad

Norulaziemah binti Haji Zulkiffle

 

Abstract: The media propaganda related to Muslims, especially with regards to violence, armed conflicts, and terrorist attacks, had led the world to a great misconception that Islam is a religion of terrorism rather than peace. This article contradicts this propaganda and argues that indeed Islam promotes peace not war. Tracing the literary developments and conceptualizations of just-war theory in both Islamic law and contemporary international law, this article comparatively examines how both these laws deal with various aspects of war falling under jus ad bellum, jus in bello and jus post bellum. The comparative analysis of various elements and aspects of just-war theory in Islamic law and contemporary international law primarily offers a deeper understanding of what the limitations on violence are and how they are circumvented under both these laws. The further examination of the concept of Jihad in the context of just-war theory in Islamic law and the interpretation of relevant verses of Quran in the light of their Asbab al-Nuzul (causes of revelation) reveals that Jihad in its meaning of war is primarily an instrument of self-defence, which allows fighting as a last resort against the oppressors and requires that all efforts must be made first to avoid fighting. Therefore, the meaning ascribed to Jihad by extremists that requires a perpetual state of war between Muslims and non-Muslims is both theoretically and conceptually wrong and does not represent the core values of Islam.