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The Characterization of ISIL Under International Law and Islamic Sharia
Title / Series / Name
Publication Volume
Publication Issue
Pages
Authors
Editors
Keywords
ISIL Characterization,
Sharia
International Law
SDG 16 - Peace, Justice and Strong Institutions
Sharia
International Law
SDG 16 - Peace, Justice and Strong Institutions
URI
https://hdl.handle.net/20.500.14018/27728
Abstract
A curious phenomenon has appeared on the contemporary international scene: The Islamic State of Iraq and the Levant (ISIL). They seized vast areas of Iraq between 2014 and 2017 and committed appalling crimes against innocent civilians in the areas they controlled. They targeted certain minorities with particular viciousness, persecuting them in the name of religion in contravention of both humanitarian principles and the religious precepts of Islam. This paper attempts to characterize the nature of ISIL in the form they took during their armed conflict against the Iraqi and Kurdistani regular armed forces and against the anti-ISIL international coalition forces. This characterization will be done through the lenses of both international law and Sharia. ISIL misinterpreted certain Quranic verses by neglecting traditional rules of interpretation for the Quran and Sharia in order to legitimize their extremist ideology and horrible actions. This understandably contributed to an increase in Islamophobia in non-Muslim nations. Methodologically, this paper’s analysis draws upon the foundational texts and views of scholars of both international and Sharia law. It concludes that ISIL is neither a state under international law nor is it Islamic according to the Sharia. By carefully classifying the nature and essence of ISIL as an organization and by clarifying certain ambiguities concerning their legal status under both international law and Sharia, this article aims to help legal and religious scholars improve their conceptual clarity on the matter, and thereby also improve the consistency and precision of their rulings and provisions going forward.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2023-12-15
Language
ISBN
Identifiers
10.21271/zjhs.27.6.15