Zulfiqar on Islamic Law & the Duty to Fight

Adnan Zulfiqar (Rutgers Law School) has posted Jurisdiction over Jihad: Islamic Law and the Duty to Fight (West Virginia Law Review, Vol. 120, No. 2, 2017) on SSRN.  Here is the abstract: A serious deficiency in the current discourse on jihād involves the failure to adequately evaluate competing jurisdictional claims over lawful violence, specifically warfare. While limitations and guidelines in armed conflict are frequently discussed, there is rarely any mention of who can legitimately regulate Islamic law’s duty to fight. This duty emerged shortly after Islam’s founding in the 7th century A.D. and was a collective one (farḍ kifāya), meant to support the state’s war efforts in the absence of standing armies. The duty was regulated by the state and responsibility for it was shared across society: if at least some people performed, then the obligation was satisfied for everyone else. However, colonial rule and the advent of weak…

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