The Concept of Terrorism In Sharia and International Laws Comparative Study "A"

Abstract

This research dealt with the legal concept of terrorism; through the verses of the Holy Quran and the Sunnah of the Prophet, and what scholars have said about the definition and concept of terrorism, and what the jurisprudential groups have dealt with in this context. It also dealt - briefly - with its historical roots, when it began, and is it a modern term, or does it have historical precedents? It also touched on the concept of terrorism: from the legal perspective of some countries, which have legislated its punishment in their laws, as well as its concept in international law, and the charters and agreements of the United Nations. The inductive approach was used in this research; to extrapolate the concept of terrorism, through various books, and many sources, and the historical approach to know the historical roots of this phenomenon, and the analytical approach; to know the impact of the concept of terrorism on the methods of treating it, and dealing with it at the present time. This research concludes that terrorism is not a new phenomenon, but has historical roots. It is also noted that the concept of terrorism has been mixed with other concepts, such as resistance and liberating the land from the occupier. Accordingly, there is no absolute name or clear concept for terrorism, whether in Sharia or international laws, and this poses a real threat to humanity. The research was divided into three sections: The first deals with the concept of terrorism from a linguistic and legal perspective, and through the laws of some countries and the United Nations. The second section deals with the historical roots of this concept before and after September 11. The last section deals with how to deal with the concept of terrorism, and the framework through which it is dealt with. Finally, this research will be concluded with a conclusion and recommendations on how to deal with the concept of terrorism, which has become the talk of the world, in every event that occurs from time to time, especially since the events of September 11, 2001 until now.