This article focuses on the use of force under Islamic law, i.e., jus ad bellum. Islamic law allows the use of force in self-defence and in defence of those who are oppressed and unable to defend themselves. In contrast, the offensive theory of jihad is untenable. Muslim states follow the defensive theory of jihad. Islamic law also allows, under certain conditions, anticipatory self-defence. Only the head of a Muslim state (a ruler or caliph) is allowed to declare jihad. Most of the current so-called declarations of jihad have been issued by non-state actors, e.g. Al-Qaeda, who have no authority to declare jihad. These declarations thus have no validity under Islamic law and, indeed, Muslim states are fighting these armed groups. Islamic law imposes certain restrictions on the use of force in self-defence, i.e., military necessity, distinction, and proportionality. Accepting an offer of peace and humanity are also relevant conditions

Here is a biography of Niaz A. Shah, based on available sources:

Biography: Niaz A. Shah

Full Name: Niaz A. Shah (Nexus Chambers)

Education & Academic Career

• He earned his PhD at Queen’s University Belfast under a SPUR Scholarship. (Nexus Chambers)

• Before joining Hull University’s Law School, Shah was a Visiting Fellow at the Lauterpach Centre for International Law, University of Cambridge. (Nexus Chambers)

• At Hull University he has taught courses in human rights law, refugee law, public & administrative law, Islamic law, etc. (Nexus Chambers)

Legal & Professional Roles

• He is a Barrister at Nexus Chambers, London. (Nexus Chambers)

• His practice spans many areas: asylum & immigration, public law, employment law, human rights, international law, equality & discrimination, and alternative dispute resolution / arbitration. (Nexus Chambers)

• He has served in roles for UNHCR, UNDP, UNICEF, NATO, the Commonwealth Secretariat, and other agencies. (Nexus Chambers)

Research and Publications

• Shah has published multiple books (monographs), edited books, journal articles, training manuals. (Nexus Chambers)

• Notable works include:

  • Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan (2011) (Nexus Chambers)

  • Self-defence in Islamic and International Law: Assessing Al-Qaeda and the Invasion of Iraq (2008) (ResearchGate)

  • Women, the Koran and International Human Rights Law: The Experience of Pakistan (2006) (ResearchGate)

  • Edited volume Islam and the Law of Armed Conflict: Essential Readings (2015) (Nexus Chambers)

• Some recent journal articles:

  • “The Application of Human Rights Treaties in Dualist Muslim States: The Experience of Pakistan” (2022) (Nexus Chambers)

  • “The Unwilling and Unable Test in International Law: The Use of Force against Non-state Actors in Pakistan” (2020) (Nexus Chambers)

  • Work on constitutionalizing Islamic law, gender, and human rights among others. (Nexus Chambers)

Expertise & Areas of Focus

• Islamic law and its interaction with international law/human rights law. (ResearchGate)

• Law of armed conflict; self-defence; international humanitarian law. (Nexus Chambers)

• Gender, human rights, constitutional law in Muslim-majority contexts, especially Pakistan. (ResearchGate)

Additional Details

• He trains judges and legal professionals; for example, preparing manuals on human rights and rule of law. (Nexus Chambers)

• He has frequently served as an expert witness in courts on matters of Islamic law (including family law) and country conditions (e.g. Pakistan, Afghanistan). (Nexus Chambers)

If you want, I can also pull together a short bio (for use in a paper) or focus on a specific period of his career. Would you prefer that?