Compatibility between Anti-Terrorism Legislation and Shari‛a

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