Ali, Shaheen Sardar (2012) Resurrecting Siyar through Fatwas? (Re) constructing ‘Islamic international law’ in a post-(Iraq) invasion world. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2012/8).

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Abstract

This article seeks to explore the impact of the Iraq war on Siyar or ‘Islamic international law’ from a range of Muslim perspectives by raising some critical questions and addressing these through the lens of a selection of Fatwas solicited by Muslims from a range of countries and continents, on the Iraq war and its implications for popular understandings of Siyar and Jihad. This article suggests that the Iraq war presents an opportunity to revisit and potentially revive historical Siyar pronouncements of a dichotomous world, i.e. dar-al-harb and dar-al-Islam. I argue that in so doing, this discourse has invigorated the notions of a universal Ummah within the normative framework of Siyar hitherto marginalized by ascendancy of the nation state, international organizations and contemporary Muslim state practice. Finally, I argue that a wider Internet access to Muslim communities in the global South has facilitated a modified institution of ifta to reflect popular understandings of Siyar and Jihad and influence its reformulation in the backdrop of the Iraq war.

Item Type:	Working or Discussion Paper (Working Paper)
Divisions:	Faculty of Social Sciences > School of Law
Series Name:	Warwick School of Law Research Paper
Publisher:	University of Warwick
Place of Publication:	Coventry
Official Date:	9 May 2012
Dates:	Date Event 9 May 2012 Published
Number:	Number 2012/8
Number of Pages:	32
Institution:	University of Warwick
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Open Access (Creative Commons)
Open Access Version:	SSRN

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