Wazifat al-Qada fi al-Taamul ma al-Irhab
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- The book is published on the website of the Saudi Ministry of Awqaf without publication details
Wazifat al-Qada fi al-Taamul ma al-Irhab (The Function of the Judiciary in Dealing with Terrorism) is an Islamic legal treatise by the Saudi jurist and judge Nasir ibn Ibrahim al-Muhaymid examining the procedural, evidentiary, and penal roles of the judiciary in confronting terrorism under Islamic jurisprudence and statutory regulations .
Background and Composition
The work was originally prepared as a research paper upon the request of the Saudi Minister of Justice to participate in the international conference Mawqif al-Islam min al-Irhab ("The Position of Islam on Terrorism"), organized by Imam Muhammad ibn Saud Islamic University in Safar 1425 AH (April 2004 CE) . At the time of writing, the author served as the head of the courts in the Asir province and as a specialist in jurisprudence and judicial affairs for the League of Arab States . Completed on 14 Safar 1425 AH, the study was intended as a foundational framework addressing the judicial handling of terrorism, which al-Muhaymid characterized as a modern designation for a recurring historical form of criminal aggression .
Structure and Content
The treatise is organized into an introduction and three primary thematic sections (mabahith) :
Legal Characterization of Terrorist Acts
The first section discusses the definition and legal characterization (tawsif) of terrorism from linguistic, Islamic, and statutory perspectives, citing comparative provisions from Arab legislation—such as Egyptian and Algerian penal codes—and the Arab Convention on the Suppression of Terrorism . Al-Muhaymid links the legal characterization of these crimes to judicial investigation procedures established in procedural law, such as consulting forensic experts, conducting on-site inspections, searching residences and suspects, monitoring communications, interrogating accused individuals, and ordering preventative detention .
Evidentiary Grounds for Criminalization
The second section classifies criminal offenses in Islamic law into attacks against physical life (qatl and wounding), chastity, property (such as armed brigandage or hirabah, rebellion or baghy, theft, and usurpation), honor, and religious prohibitions . The author identifies the fundamental ground for criminalizing terrorist acts as their total lack of legal sanction (adam al-mashru'iyyah), noting that they encompass grave transgressions such as betrayal, treachery, and injustice . The text specifies that the burden of establishing judicial evidence and prosecuting terrorist crimes lies with the Bureau of Investigation and Public Prosecution, while preserving the victim's right to pursue private claims (al-haqq al-khas) .
Judicial Rules and Penalties
The third section addresses the judicial mechanisms for punishing terrorist offenses, stating that judicial sentences must fulfill both preventive (waqa'i) and remedial (ilaji) functions . Al-Muhaymid outlines that the sentencing judge must weigh the personal circumstances of the offender—differentiating between hardened perpetrators and deceived novices—as well as the magnitude of societal harm caused .
Penalties are divided into fixed legal sanctions (hudud and qisas) and discretionary penalties (ta'zir), differentiated according to the degree of involvement:
- Planning (al-takhtit)
- Incitement (al-tahrid)
- Aiding and abetting (al-rid')
- Attempted execution (al-shuru')
- Direct execution (al-tanfidh)
- Concealment and failure to report (al-tasattur) .
The author concludes by emphasizing that penalties must remain strictly compliant with Islamic jurisprudence and must be restricted exclusively to the convicted offender without extending to uninvolved parties .
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