The organizations have adopted the violence and terror as an instrument benefit from the statements in the fiqh books to legitimize their actions. Such statements in the fiqh books are as; jihad is an obligation, reconciliation is not appreciated when the Islamic state is powerful, to attend the abode of wars is considered as a duty of the ruler, war sometimes may be used by these organizations to legitimize their actions and it is legitimate even without defense case. This studys aim is to determine the statements on the law of war in the fiqh books, history and sociological rationales of the scribes in the framework of the abode of Islam. Furthermore, abode of war, abode of peace evaluations, and is to evaluate such statements in the fiqh books in the framework of the general principles and targets of Islam. Our purpose is to contribute to the correct understanding of the Islamic law by means of re-approaching the opinions shaped according to todays international relations concerning changing world conditions. Revealing that the jurisprudential texts used by the terrorists as a basis for their violence and terror oriented actions, despite their claims, shall not be an evidence of legitimacy for their methods will help to regulate the order in the whole world, particularly the Middle East.
Keywords: Jihad, violence, terror, war, abode of Islam, abode of war