Balance of the Ayahs (Verses) of Jihad in Qur'an with Resort to Force in International Law

Abstract

In international law, any threat or use of force is prohibited and there are only two major exceptions to it. One is the right to self-defense and another is military operation to maintain or restore international peace and security. On the other hand, the misconception of the teachings of Islam on Jihad has led to the emergence of Jihadi Takfiri sects. They believe in Elementary Jihad with an ideological purpose; this is in clear contradiction with international regulations. This article is structured through a descriptive-analytic method and of a library based approach and the question of the research is comparing the international standards with ayahs of Qur'an in the field of Jihad in order to determine their conformity. Considering the ayahs related to Jihad confirms the legitimacy and the need for defensive jihad. Defense in its general meaning that has some proponents in contemporary international law has a broad scope and embraces many of the wars which have been regarded as Elementary Jihad in Islamic history and jurisprudence. The results of this article demonstrate a kind of consistency between the material of ayahs of Qur'an and international law as to war and peace.

Keywords

• war and peace
• defensive jihad
• elementary jihad
• legitimate defense
• resort to force