RIYADH: A study carried out by a Saudi legal consultant has highlighted the Kingdom’s successful efforts in combating terrorism.
The study by Hady Al-Yamy — a legal consultant, researcher, director of the National Committee for Lawyers, and board member of the Human Rights Commission — sheds light on the Kingdom’s effective security strategy, and highlights achievements in pursuing terrorist figures and preventing them from carrying out further attacks.
“A line should be drawn between terrorism and organized crime. The goals of the former are usually ideological and political, while the goals of organized crime are usually money-oriented,” said Al-Yamy.
He added that there is a need to apply severe hirabah (waging war against society) punishments, such as the death penalty, on terrorists whose crimes result in the death of innocents.
“Punishment for hirabah in Islamic law precedes all other laws,” said Al-Yamy, adding that the Qur’anic verse on the issue is clear and comprehensive. He added that Muslim jurists have laid down specific conditions for a crime to be classed as hirabah in order for the punishment to be functional.
Although many countries impose severe punishments on terrorists, terrorism is increasing, said Al-Yamy. He added that the hirabah punishment has caused terrorism to come to a halt in the Kingdom.
In his research, Al-Yamy defined terrorist acts as actions that disturb the safety and security of members of society, and upset the general structure of the country.
“Many aim to study terrorist acts as individual cases and distinguish between their various characteristics,” said Al-Yamy, adding that there are no laws that define terrorism except the Arab Agreement on Terrorist Combat of 1998.
The agreement’s first article states: “Terrorism is all acts of violence or threat of violence regardless of its motivations and objectives conducted by groups or individuals aiming at terrifying people, deterring them or endangering their lives, freedom or security, or causing damage to the environment, utilities, public or private property, seizing it or occupying it, or exposing any of the national resources to danger.”
“There are various opinions regarding the concept of terrorism. Some see hirabah as terrorism against society, the economy and citizenship,” said Al-Yamy.
He added that he sees the political crime as mutiny and uprising carried out by a group against the authorities.
“Therefore, the crime of terrorism falls under the category of hirabah, as it sums up all crimes that involve endangering the nation and citizens,” he said.
He added that terrorism as a phenomenon and crime also endangers the security and sovereignty of a country. Fear and horror result in those crimes, with the criminal intention behind it, said Al-Yamy.
He added that, contrary to the Western perception of Islamic terrorism, Islam has also been the target of terrorism. Exploring the historical development of terrorism, Al-Yamy presents the cases of three Muslim Caliphs, who were assassinated by terrorists for political reasons.
He concludes by tying terrorism with human rights and democracy that are, in his opinion, the means of protection against terrorism, along with the application of hirabah punishment.
