Recognizing Islamic Jurisprudence as a Framework for Negotiations: Dilemmas and Opportunities for Peace Mediation

This session combines a policy briefing on Islamic jurists in armed conflict with a critical discussion on the dilemmas of engaging Islamist armed actors for the purpose of mediation and conflict transformation. Findings from a multi-year research project examining contexts such as Iraq, Yemen, Mali, Mozambique and Somalia illustrate how Islamic jurists influence armed group behavior by shaping governance arrangements, articulating rules for the conduct of hostilities, and, in some cases, enabling or constraining dialogue and negotiations. 

In many of these contexts, Islamist armed actors advance explicitly Islamic forms of governance as credible alternatives to existing state systems. Islamic jurisprudence functions as a central normative framework through which armed groups articulate grievances, justify their decisions, and negotiate governance arrangements with other conflict actors. Recognizing the role of Islamic jurisprudence in armed conflicts can, therefore, enhance conflict transformation and mediation efforts. 

Building on these insights, policymakers and practitioners will discuss political, ethical, and operational dilemmas for engaging armed groups in ways that recognize Islamic jurisprudence as a normative framework. They will explore associated risks, including legitimization, instrumentalization, and unintended consequences, while identifying conditions under which engagement can enhance mediation, dialogue, and negotiation processes.