ميثاق الأمم المتحدة و أثره في حكم جهاد الطلب : دراسة فقهية مقارنة

الملخص EN

Objectives: The research aims to demonstrate the grounds for the “Jihad of Demand” (jihad al-ṭalab) legitimacy, and the way it is conducted in the light of the commitment to contemporary international treaties, following the emergence of the United Nations organization, and the consequent treaties that formed the UN Charter.

The latter’s principles assert the criminalization of war and the promotion of peace.

In addition, the study aims to show the legitimacy of those treaties and their non-opposition to the legitimacy of the “Jihad of Demand”.

Methodology: The research uses the analytical approach in criticizing and interpreting the provisions of jihad and treaties in order to understand how they are applied under the UN Charter, and compare the provisions of Islamic Sharia with what was decided by the Charter, after reading them.

Findings: The research has found that the causing for legitimacy of the “Jihad of Demand” is achieved by the attacks on the Muslim state or turn away from Islam and its calling (Da’wa) only, and accordingly, permanent international treaties are permitted, and do not conflict with the obligation of jihad.

The commitment to the UN Charter, which criminalizes offensive warfare without justification, does not contradict with the premise of “Jihad of Demand”.

Originality: It appears in highlighting the grounds for legitimacy of the “Jihad of Demand” and how to conduct it in relation to the adherence to the UN Charter.

It is a jurisprudence study that reviews and discusses evidence, demonstrating its impact on the governance of contemporary international treaties.