ABSTRACT

This chapter identifies what constitutes terrorism and its punishments under Islamic law, and second, to demarcate the lines between terrorism and legitimate armed rebellion against the state in Islam, if there are any. The chapter suggests that the overarching factor which should be used in an Islamic court to distinguish between the armed rebels and the khawarij is abiding by the Islamic regulations on the use of force, in addition to meeting the three conditions required for being classified as rebels. Thses are: khuruj, man/a/shawka and ta'wil. The Islamic scriptural sources treated a specific form of terrorism that took place during the Prophet’s lifetime. A specific form of religiously motivated violence or terrorism sparked, as most scholars believe, during the reign of the fourth caliph ʿAli b. Indeed, there is an opinion in the West that Islamic law can or should be utilized, at least, to counter terrorism, humanize armed conflicts involving Muslims, and contribute particularly to international criminal justice.