Compatibility between Anti-Terrorism Legislation and Shari‛a

Pakistan Journal of Islamic Research, Vol. 8, 2011, pp. 63-107

15 Pages Posted: 2 May 2011 Last revised: 18 Jun 2012

See all articles by Muhammad Munir

Muhammad Munir

International Islamic University, Islamabad - Department of Law

Date Written: 18 06, 2012

Abstract

This work argues that acts of terror carried out by non-state Islamic actors and other terrorist groups are against the Qur’an, the Sunna of the Prophet, the conduct of rightly guided Caliphs and companions of the Prophet, the ijma‛ (consensus) of mujtahideen, against any logic and against the obligations of a Muslim state. Moreover, acts of terror which include the declaration of war, conduct of war, committing acts of perfidy and treachery, killing of civilians and prisoners of war, destroying civilian properties, suicide attacks, mutilating of bodies, terrifying citizens, killing of diplomats and foreigners and so on are strictly prohibited in Islam. It is argued that the crime of terrorism is worse than hudud or taz‘ir crimes under Islamic law. Domestic legislation in Muslim countries may put terrorism either under ta‛zir or syasa because of the political nature of the crime.

Keywords: terrorism and Islamic law, terrorism and shari'a, compatability, categorization of crimes in Islamic law, hudud, tazir, qesas, diyat, sysa, hirabah, suicide attacks, causes of war in Islam, non-state Islamic actors, terrorist groups, Muslim states, legislation on terrorism, elements of terrorism

Suggested Citation

Munir, Muhammad, Compatibility between Anti-Terrorism Legislation and Shari‛a (18 06, 2012). Pakistan Journal of Islamic Research, Vol. 8, 2011, pp. 63-107, Available at SSRN: https://ssrn.com/abstract=1827705 or http://dx.doi.org/10.2139/ssrn.1827705

Muhammad Munir (Contact Author)

International Islamic University, Islamabad - Department of Law ( email )

Islamabad, Islamabad Capital Territory 44,000
Pakistan
3335124423 (Phone)
0092-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
332
Abstract Views
2,473
Rank
166,045
PlumX Metrics