Issues of Ijtihad and Ifta' in Conflict Resolution: The Case of Palestine

Abstract

Although the question of Palestine continues to be of deep concern to the Muslim world, a systematic, realistic, and viable Islamic response has been lacking. In the case of Palestine, the concept of jihad has generally been interpreted and defined in terms of armed struggle, which has resulted in only minimal success and has become increasingly detrimental to the cause of Palestinian self-determination. This case is but one that highlights the shortcomings of the classical methodology of interpretation, specifically, the failure to effectively respond to contemporary conditions and realities in the context of conflict resolution. The dominance of the jihad-as-armed-struggle interpretation has obstructed other potentially more effective conceptions of, and approaches to, jihad from developing.

Using the Israel-Palestine conflict as a case study, this paper examines the interpretation and application of jihad in Islam. It proposes a contemporary methodology for Quranic interpretation and application based on the integration of the maqasid-oriented approach, contextualisation, and the use of social science research. The paper demonstrates that, based on an inductive analysis of the Quranic verses concerning war and peace, non-violence is a legitimate form of jihad that is consistent with the higher objectives outlined in the Quran. Moreover, this approach is further reinforced by an international legal framework and, in particular, the United Nations (UN) resolutions on the question of Palestine along with the increasing international support for the UN to play the primary role in conflict resolution. Based on such empirical research into this global political and legal context, Palestinian non-violence, rather than the use of armed force, is more conducive to achieving their political aspirations as well as fulfilling the maqasid of jihad.