THE PERFORMATIVE OF "JIHAD" IN ISLAMIC INTERNATIONAL LAW: DRAWING A LINE BETWEEN JIHAD AND TERRORISM

Authors

  • Bayan Omar Alshabani

Abstract

This paper has addressed whether jihad and terrorism denote the same act in Islamic legal discourse, namely Islamic criminal and international law. This paper uses the performativity in Speech act theory as a method. This paper has discussed the legal performative of "jihad" in Islamic international law. It argues that the use of force under jihad is different from the use of force in terrorism offences in Islamic legal discourse. In addition, this paper has discussed does jihad mean terrorism? and is terrorism criminalised by Islamic criminal law?. The key elements of this paper has shown that jihad and terrorism are not the same acts of the use of force. Jihad is a legitimate act of the use of force that is defined and regulated in Islamic interactional law, whereas violations of the rules of jihad establish the criminal liability of terrorism as hirabah or baghi offences. Thus, it is deduced that the performative of jihad in Islamic legal discourse is different from the performative of terrorism

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Published

2021-04-27

How to Cite

Bayan Omar Alshabani. (2021). THE PERFORMATIVE OF "JIHAD" IN ISLAMIC INTERNATIONAL LAW: DRAWING A LINE BETWEEN JIHAD AND TERRORISM. PalArch’s Journal of Archaeology of Egypt / Egyptology, 18(12), 366-375. Retrieved from https://archives.palarch.nl/index.php/jae/article/view/7889