Therefore, there is an inconsistency between their arguments and the evolution of the law. In this first part, I analyse classical Islamic Law sources and determine that despite the general discouragement for women’s participation, radical Islamist ANSAs construct arguments to justify a right or even a duty to wage jihad, and the participation of women in combat, or conversely – its prohibition. It looks particularly at what Islamic Law has to say about the lawfulness of women’s participation in jihad, the interpretation of such sources by ANSAs and authors, and compares these sources to the reality on the ground. This two-part blog post focuses on women’s participation in jihad in Islamic-conflict-driven contexts and studies how this practice compares with the classical Islamic Law sources. For instance, a UK national held in al-Hawl lost a case at the UK Supreme Court ( Begum v Home Secretary, 2021) and her British citizenship was removed, therefore risking statelessness. Recent practices of States amending their legislation to broaden their extraterritorial reach or the terrorist offences’ scope make us wonder whether the narrative is shifting from women being perceived as victims, towards an understanding of women’s possible threat for their sole membership to an armed group. Moreover, the foreign fighters’ momentum raises many questions around the membership of women in ANSAs, particularly jihadi groups. Following the atrocities committed by armed non-state actors (ANSAs hereinafter) in the Syrian conflict, Islamic Law is on the agenda for the promotion of peace and accountability.
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