Muhammad Munir (International Islamic University Islamabad) has posted a new article, Who Can Declare Jihad: The Head of a Muslim State or a Jihadi Group or Groups Within a Muslim State?, on SSRN. The abstract follows.

Non-state Islamic actors are engaged in their war against the West, Muslim states, and in some cases against their own states. Among the propaganda campaign raised by these Jihadis for winning support of fellow Muslims is that jihad can be declared by any jihadi group within a Muslim state and there is no need for the head of such a Muslim state for such a declaration. How does Islamic law look at the complex relations between jihadis operating from within a Muslim state and whether the state might be blamed for their attacks and other activities outside such a state? This paper explains relationship between jihadi groups inside a Muslim state which has necessary military and political authority but which has not given any explicit permission to such groups to operate. It is concluded that classical Islamic law does not authorize the operations of jihadi groups without the permission of the Imam. In addition, under Islamic law such a state is responsible for the acts of jihadi groups operating from its territory.