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Phenomenology of Jihad

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Chapter Summary

The Basic Code offers two basic approaches to deal with existential danger, fight and flight - that is - jihad and hijrah. While the Quran prescribes mandatory migration, Prophet Sunna explains the concept of permissive migration. The forms of jihad are peaceful jihad, financial jihad, and military jihad. The right to jihad is a fundamental belief of Islamic faith, clearly stated in the Quran. Therefore, any arbitrary prohibition of jihad will be unacceptable to the Muslims of the world. In modern legal vocabulary, jus in bello is known as the "law of armed conflict". Consequently, Muslim states appear to have adopted a "policy of ambiguity" toward jihadi groups. Although a free market of fatwas is important for all issues facing Islamic communities, its contribution to the institution of military jihad has serious consequences.

Keywords: fatwas; financial jihad; jus in bello; law of armed conflict; madatory migration; military jihad; peaceful jihad; permissive migration; policy of ambiguity; Quran

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