Terror from the Jurisprudential Point of View
Journal Title: فقه و اصول - Year 2011, Vol 43, Issue 87
Abstract
Terrorism is among the phenomena that has nowadays basically received the attention of political trends, media, and the researchers in the fields of politics, jurisprudence, and law. On the other hand, many of the distortions and unduly accusations made against Islam and the Muslims are related to this phenomenon. Thus, legal study of terrorism and its exploration from the viewpoint of jurisprudence seems necessary for providing an appropriate response to the onslaught of the enemies of Islam. This article, at first, addresses the semantics of the word terrorism in dictionaries of political sciences and re-examines the concepts synonym to it, such as: fatk (violent killing), ightiyāl (assassination), and irhāb (terror) in the earlier and modern literature and distinction of these concepts from each other as well as the words related to this discussion such as: baghy (injustice), muḥāriba (waging war), and jihād (holy war). In the section on legal study, while explaining the subject and the distinction of different kinds of terror, it examines different types of terror by the way of generic and specific proofs from the Qur’ānic verses and traditions. In the end, some of the propounded misconceptions are responded to and the jurists’ viewpoints about terror are touched upon.
Authors and Affiliations
AbdulkarīM AbdullāHī, RamaḍāN ‘AbbāSpūR Muqaddam
Keywords
Related Articles
- EP ID EP183253
- DOI 10.22067/fiqh.v0i0.3936
- Views 134
- Downloads 0
Religious Law Taste
The word madhāq (taste, perceptive aptitude) in its compound form madhāq-i shari‘at (religious law taste) or madhāq-i shāri‘ (lawmaker’s taste) and the like, have been employed by the Imāmī jurists and theologians for ab...
An Inquiry into the Legal-Theological Rule of "Non-Reprimand and Unaccountability of a Person Versus another Person’s Action”
One of the significant legal-theological rule, which has drawn little attention in legal texts, is the rule of “not reprimanding a person for another person’s sin and the unaccountability of the person for other people’s...
Reappraisal of Renunciation of Ownership in Jurisprudence and Law
The issue of renunciation (i‘rāḍ) is not discussed separately among the jurists and is only implicitly referred to in some instances. It is also neglected in statutes; and most of legal experts, following the laws and li...
A Research on the Criterion for Investigation about the Justice of the Anonymous
One of the most important legal issues debated among the jurists is whether it is necessary or unnecessary to investigate the justice of the anonymous and to what extent. The renowned majority of the jurists maintain tha...
A Deliberation on "Repetition of Crime" in Imāmī Jurisprudence and Iranian Law
reasons for intensification of punishment in Islamic penal system is of great importance, since designating a punishment proportionate to the perpetrated crime will lead to the observance of human and Islamic principles,...