International Terrorism and the Jurisdiction of Islamic Law

International Terrorism and the Jurisdiction of Islamic Law This article investigates the jurisdiction of Islamic law to international terrorism under the four Sunni schools of Islamic law. International terrorism refers to the following three cases: 1) terrorist acts committed outside of the Islamic state by its citizens; 2) terrorist acts committed outside the Islamic state by its non-citizens; and 3) terrorist acts committed inside the Islamic state by its non-citizens. It starts with studying the classical Muslim jurists’ tripartite division of the world into the ‘house of Islam’, ‘house of war’, and ‘house of peace’ to find out the boundaries of the jurisdiction of Islamic law and its position on the extradition of international terrorists. It examines the definition and elements of terrorism to find out the relevance of applying Islamic law to the modern form of acts of terrorism. It argues for the universal jurisdiction of Islamic law to acts of international terrorism. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

International Terrorism and the Jurisdiction of Islamic Law

International Criminal Law Review, Volume 15 (3): 565 – Mar 23, 2015

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/15718123-01503004
Publisher site
See Article on Publisher Site

Abstract

This article investigates the jurisdiction of Islamic law to international terrorism under the four Sunni schools of Islamic law. International terrorism refers to the following three cases: 1) terrorist acts committed outside of the Islamic state by its citizens; 2) terrorist acts committed outside the Islamic state by its non-citizens; and 3) terrorist acts committed inside the Islamic state by its non-citizens. It starts with studying the classical Muslim jurists’ tripartite division of the world into the ‘house of Islam’, ‘house of war’, and ‘house of peace’ to find out the boundaries of the jurisdiction of Islamic law and its position on the extradition of international terrorists. It examines the definition and elements of terrorism to find out the relevance of applying Islamic law to the modern form of acts of terrorism. It argues for the universal jurisdiction of Islamic law to acts of international terrorism.

Journal

International Criminal Law ReviewBrill

Published: Mar 23, 2015

Keywords: terrorism; Islamic international criminal law; jurisdiction of Islamic law; Islamic law; international terrorism

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