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Issue: Vol. 2 No. 1 (2025): December - Third Edition
Original article lock_open Open Access

Pseudolegal Manipulation of Islamic Law by Extremist Groups: A Comparative Analysis of ISIS and Boko Haram

Salisu Muhammad Gumel
Pages: 1-12
Published: 2025-12-30
Section: Artikel

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Abstract

Background: Violent extremism remains a major challenge to governance and social stability. Although ISIS and Boko Haram have been widely examined from political and security perspectives, limited comparative research explains how these organizations manipulate Islamic law to construct pseudolegal authority and alternative systems of governance. This study addresses that gap by analysing their reinterpretation of Islamic legal concepts.

Methods: This study employs a qualitative comparative case study using discourse analysis of speeches, propaganda publications, official declarations, and other documentary sources produced by ISIS and Boko Haram. The analysis is guided by Legal Pluralism Theory and Radicalisation Theory and interpreted through classical Islamic jurisprudence and maqāṣid al-sharīʿah.

Results: The findings reveal that both organizations strategically manipulate takfīr, jihād, and ḥudūd to establish pseudolegal authority and legitimize violence. ISIS institutionalized these narratives through centralized bureaucratic structures and a pseudo-state model, whereas Boko Haram adopted a decentralized insurgent governance model adapted to local socio-political conditions.

Discussion: The comparative analysis demonstrates that extremist governance is sustained through selective interpretation of religious texts, decontextualization of classical jurisprudence, and legal instrumentalization, transforming Islamic legal discourse into a mechanism of ideological domination and political control.

Conclusion: Countering extremist pseudolegal narratives requires strengthening authentic Islamic jurisprudence through maqāṣid al-sharīʿah, constructive legal pluralism, religious literacy, and credible religious institutions to promote peaceful governance and sustainable counter-radicalization.

Novelty: This study develops an integrated analytical framework combining Legal Pluralism Theory, Radicalisation Theory, and maqāṣid al-sharīʿah to conceptualize pseudolegal authority as a mechanism of extremist governance while proposing a normative framework for counter-radicalization grounded in authentic Islamic legal principles.

Keywords:

Pseudolegal authority; Islamic law; Legal pluralism; Maqāṣid al-sharīʿah; Violent extremism

How to Cite

. (2025). Pseudolegal Manipulation of Islamic Law by Extremist Groups: A Comparative Analysis of ISIS and Boko Haram. Munakahat: Journal of Islamic Family Law, 2(1), 1-12.

How to Cite

Pseudolegal Manipulation of Islamic Law by Extremist Groups: A Comparative Analysis of ISIS and Boko Haram. (2025). Munakahat: Journal of Islamic Family Law, 2(1), 1-12. https://doi.org/10.5281/zenodo.21469117