Abstract

http://ssrn.com/abstract=1008966
 
 

Footnotes (308)



 


 



Suing Islam: Tort, Terrorism and the House of Saud


Robert L. McFarland


Faulkner University - Thomas Goode Jones School of Law

Donald W. Garner


Faulkner University - Thomas Goode Jones School of Law


Oklahoma Law Review, Vol. 60, p. 223, Summer 2007

Abstract:     
This paper examines the Kingdom of Saudi Arabia's vital role in propogating Wahhabism, a peculiarly intolerant form of Islam justifying violent jihad, and argues that Saudi Arabia is liable for the resulting harm.

The Kingdom's role in creating terrorism is a subject of great national concern. The need for reform in Saudi Arabia's Wahhabist religious establishment is frequently discussed in the Congress. This paper argues that the federal judiciary, in addition to Congress, has a vital role to play, not only in generating compensation for terrorism victims, but also in winning the ideological war on terrorism. 9/11 and other continued manifestations of terrorist jihad are causally intertwined with the Sunni Wahhabism practiced and promoted by Saudi Arabia. Upon that understanding we build our tort theories and upon that understanding America can more thoughtfully defend itself in the ideological war on terror.

Part I discusses Saudi Arabia's historic and continued commitment to Wahhabism. Part II argues that American tort law supports two viable causes of action against the Kingdom for harm inflicted by Wahhabi jihadists: (1) negligent incitement of terrorism; and (2) special relationship liability. Finally, in Part III, the question of Saudi Arabia's sovereign immunity is discussed with special attention given to the analysis of Saudi Arabia's immunity in the 9/11 litigation.

Number of Pages in PDF File: 59

Keywords: Tort, Terrorism, Saudi Arabia, Sovereign Immunity

JEL Classification: K13, K33

Accepted Paper Series





Download This Paper

Date posted: August 23, 2007 ; Last revised: March 25, 2008

Suggested Citation

McFarland, Robert L. and Garner, Donald W., Suing Islam: Tort, Terrorism and the House of Saud. Oklahoma Law Review, Vol. 60, p. 223, Summer 2007. Available at SSRN: http://ssrn.com/abstract=1008966

Contact Information

Robert L. McFarland (Contact Author)
Faulkner University - Thomas Goode Jones School of Law ( email )
5245 Atlanta Highway
Montgomery, AL 36109
United States
Donald W. Garner
Faulkner University - Thomas Goode Jones School of Law ( email )
Montgomery, AL 36109
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,237
Downloads: 147
Download Rank: 118,216
Footnotes:  308

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.453 seconds