The Juridical Dimension of Islamic Fundamentalism: The Case of ISIS

In this chapter, I analyze a non-constitutional model, that is to say the open rejection of the idea of constitutionalism preached by some currents of Islamic fundamentalism. Assuming ISIS as an example and based on the doctrinal and propagandistic material produced by the group, I examine their juridical perspective, based on the alleged return to an ideal original purity of the Islamic legal tradition. However, by assuming an antagonist attitude toward the West, this perspective cannot really prescind from the philosophical and juridical constructs characterizing the Western legal view.