Leonid Syukiainen

Islamic Legal Thought Opposes Extremism and Terrorism

2011. No. 1. P. 24–43 [issue contents]

Syukiyainen Leonid  - Professor, Department of Theory and Law and Comparative Law, National Research University Higher School of Economics, Doctor of Juridical Sciences. Email:  leosyk@mail.ru
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

The article analyzes a number of principles of Islamic legal thought in the context of Islamic extremism and terror which poses a threat to the security of many countries including Russia. The sources referred to in the paper are the Qu'ran, works of Muslim lawyers and theologians, quotations of the representatives of Muslim communities, decisions of Islamic public associations. The publication shows that the ideological component is especially relevant to the phenomenon in question. The author draws attention that Sharia and Islamic jurisprudence has accumulated multiple controversial ideas and concepts which aim to regulate the fundamentals of law and power, the status of adherents of different faiths should be determined by acceptable means of political struggle. Many of them are obsolete but the Muslim doctrine characterized with traditionalism can not ignore them. Some of the principles contain provisions applicable to justify extremist actions, inter alia the lack of tolerance to kafirs and the right of Muslims to kill them. However, the Muslim ideology opposes international terrorism by nature. Decisions of the leading centers of Islamic legal thought reject doctrinalism, i.e. fiqh often interpreted without historical context. In particular, many Muslim lawyers and theologians do not associate jihad only with military fight against kafirs, as it should contribute to the self-development of Muslim society. Legitimate jihad should not be the source of profit, conquering property and territory of non-Muslims. The article stresses that some Muslim law countries have approved laws to fight terrorism. The author concludes that legal and ethical ideas proposed by Islam can and must be applied to fight religious extremism and international terrorism.

Citation: Syukiainen Leonid Rudolfovich (2011) Islamskaia pravovaia mysl' protiv ekstremizma i terrorizma [Islamic Legal Thought Opposes Extremism and Terrorism] Pravo. Zhurnal Vysshei shkoly ekonomiki, 1, pp. 24-43 (in Russian)
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