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Title: الإرهاب الدولى والكفاح المشروع في الفقه الإسلامي والقانون الدولي دراسة مقارنة
Authors: Mohamed Omar Moftah Ahmed Midoun
Keywords: International Terrorism
Issue Date: Nov-2012
Publisher: Universiti Sains Islam Malaysia
Abstract: This study aims at clarifying the concept of international terrorism and legitimate struggle from the perspective of Islam and thereby distinguishing the latter from the terrorist activities which may confuse it. The researcher has assumed that each action has a reaction; and in this, terrorism is the action and the legitimate resistance is the reaction. This study is very important in that it clarifies what terrorism is, which has become an international phenomenon threatening the whole world. This would provide an insight into the dangers of terrorism, something that helps providing a clear vision of terrorism and its dangers and putting an appropriate strategy to fighting it. This is to clarify to each interested person and researcher who has a fair mind and an unbiased conscience that Islam has been the first to consider terrorism a crime and fought and resisted it. Saying that Islam is a religion of terrorism, force, and exclusion is but falsification, for Islam is a religion calling for mercy and construction، not destruction and extermination. The methodology followed, in this study, is a comparative method; for comparison is used between two phenomena or more for purposes of stating their similarities and differences. Among the pieces of evidence provided to clarify and strengthen the study objectives are the legal pieces of evidence from the Holy Qur’an and the Sunnah, sometimes along with depending upon the historical and lawful approach. Among the results of study is that terrorism is one of this era’s crimes, having no religion and place; rather it is a universal phenomenon being practised by groups and states of different religions, traditions, and races. Also, Islam as a religion and Muslims as humans are being subject to a fierce American and western campaign led by the Zionist movement in an attempt to make a link between terrorism and Islam. Moreover, there are distinct differences between terrorist activities and those of legitimate resistance. The announced war against terrorism led by the United States of America against Afghanistan and Iraq remains an illegitimate war، for it has been carried out outside the legitimacy of the United Nations; thus it eludes the legitimate conditions of defence stipulated by Item no. 51 of the United Nations Charter. Having no specific United Nations definition for international terrorism has led to the prominence of the western conception of the international terrorism due to the western control of the international organization mechanism. The Islamic jurisprudence considers self-defence a natural and lawful right as is the case with the contemporary international law; thus killing for self-defence, own money, or own family, when necessary، is allowed; this right is the basis of the legitimate defensive war that Islam has stipulated and that Divine Laws and international charters have all recognized.
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