ABSTRACT

This chapter argues that a core factor that lies in the heart of the Sunni classical and some modern Muslim jurists’ discussions of the doctrine of jihad during both the second formative period and the post-colonial era is the implementation and application of Islamic law. Therefore, the overarching factor in the twofold or tripartite divisions of the world devised by the classical Muslim jurists and one of the main duties of the establishment of the institution of the caliphate is the application of Islamic law. The chapter focuses on the Islamic normative sources and not on the history of the Islamic state practices. However, it is very likely that many Muslim rulers waged so-called jihad in non-Muslim territories because of their ambition to annex more territories to their rule. This is especially the case in light of the fact that many of the internecine wars that took place among Muslims were motivated by the urge to rule.