1) The domestic contexts as it is thought about in the context of domestic context in muslim states 2) International context how jihad is thought about Domestic - Modernity brings forth a state of mind that religious and religious fundamentalism are natural reactions to modernity. - Islam experiences mal adjustment that constitutes a jihad fundamentalism (what are other forms of fundamentalism) - Is fundamentalism a product of islam as a religion? - Is it an intellectual or political contet which brings up fundamentalism in the modern world? Presumption of the Jihad - It is mal-adjusted to a particular feature of modernity that feature is modernity. - When we think of muslim fundamentalism we have to dispense with the false notion of literalism and muslim fundamentalism in the context of religion. - Literalism was the foundation of Christian fundamentalism - Islam was not a literalist state - The vohidct movement the literalist movement they were not literalist at all they presumed that a literal interpretation was the right one but did not preclude non-literal interpretations of islam - Ibin hasum no one believe that mercy has wings o Non-literal coming from a spanard muslim - There are figurative references in the quran the star the star when it decends the quaran when it is handed down. - Scriptual interpretation is not the sort of foundation of what we come to look up as muslim fundamentalism its not just scriptural interpretation that leads to power seizing. - We must appreciate the magnitude of the fundamental difference between the basic presumption underlying the modern nation state and that underlying the nature of the muslim state. - The Islamic state is the beginning of the problem it is the modern nation state that serves to islamasize it o Presumption The modern nation state assumes a monopoly on law all laws that are adjudicated outside of the state no one can make the law. Justice/equality in the context is manifestified by the uniform regime of law provided equally across the board.
Conclusion law the exclusive preserve of the state, but the
modern state would be legal monoism one and one only set of rules applied equally across the board The pre-modern muslim state exersized no monopoly Islamic law stood above the law and was not a creation of it it was opposed to the state because it serves to ensure they didnt obtain a monopoly Substate actors acitng on their own made interpretations of the quran
Today there are 4 recognized schools of law
These schools are founded by individuals not named by larger products of islam The history of state formation is a rocky history these schools function as if they were not effected by that history prove that theyre not effected by the state