Misconception of the Legalisation of Armed Conflicts under Shari'ah: A Review of Shari'ah Ethical Standpoint
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Date
2024-06-25
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Department Commercial and Property Law, Faculty of Law, Nnamdi Azikiwe University
Abstract
Shari’ah has been attacked tremendously for the past three decades. The fulcrum of the attacks has being the wrongful misconception of the legalization of armed conflicts under Shari’ah. To worsen the situation, most players in the armed conflicts carried Shari’ah emblems and cited the legislations in the primary sources of Shari’ah as validity for their actions. This has given Shari’ah legal system bad image across the universe with respect to incessant collapse of commercial transactions, amongst other in the affected region. This thus prompted these researchers to review the misconception surrounding legalization of the armed conflicts under Shari’ah. With the aid of doctrinal method of legal research, the paper finds that the misconception is deeply rooted in the history of Shari’ah which experienced series of attacks/wars from the enemies and the divine legislation to fight for self defence. The paper finds further that most who engaged in armed conflicts in the recent time intentionally interpreted Shari’ah legislation to suit their illegal agenda. The paper ultimately finds that Shari’ah legislation is about ensuring peace and tranquility on earth as showcased by Prophet Muhammad (PBUH) and never supported conflicts of whatever guise. The paper recommends proper understanding of the Shari’ah standpoint on armed conflicts with a view to reconciling the misconceptions across the world.
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Nnamdi Azikiwe University Journal of Commercial and Property Law