Jurnal Syariah http://ajba.um.edu.my/index.php/JS <div style="text-align: justify;">Jurnal Syariah is a multidisciplinary academic journal published semiannually by the Academy of Islamic Studies, Universiti Malaya since 1993. The Jurnal Syariah provides a significant platform for scholars to publish writings on Shariah Studies in its classical and contemporary perspectives. This includes the discussion on fiqh and its jurisprudence, economics, law, political sciences, public administrations and social Sciences. The journal welcomes submission of articles, research papers, report on Shariah court cases and book reviews in the field of Shariah studies. Since 2008, Jurnal Syariah has increased its publication to thrice a year.</div> <div style="text-align: justify;"><img src="https://ejournal.um.edu.my/public/site/images/jurnal_syariah/indekss22.jpg" alt="" /></div> <div style="text-align: justify;"> </div> <div style="text-align: justify;"> </div> en-US <p>COPYRIGHT: All rights reserved. Not allowed to be reproduced any part of articles and contents of this journal in any form or by any way, whether electronic, mechanical, photocopying, recording or otherwise without permission in writing from the Chief Editor, Jurnal Syariah.</p> asmak@um.edu.my (Associate Professor Dr Asmak Ab Rahman) jurnal_syariah@um.edu.my (Jurnal Syariah) Tue, 30 Apr 2024 00:00:00 +0800 OJS http://blogs.law.harvard.edu/tech/rss 60 INTERNATIONAL CIVIL AVIATION LAW INSTRUMENTS AGAINST AIR TRANSPORT TERRORISM: AN ANALYSIS FROM THE ISLAMIC LAW PERSPECTIVE http://ajba.um.edu.my/index.php/JS/article/view/47667 <p><em>Air transport terrorism is as old as the emergence of civil aviation itself. Illegal acts such as “air piracy” (aircraft hijacking); “aircraft destruction”; and kidnapping of passengers (“hostage-taking of passengers”) were popular ways of terrorizing air transport. To guide against the continuous perpetration of these heinous acts, the International Civil Aviation Organization member states wagged war through certain instruments such as definition, punishment, extradition of the offenders and the State with jurisdiction over the offence are stated in the anti-air terrorism conventions. Yet the various acts of terrorism persist to the extent that new emerging aviation terrorism activities are springing up either for political, economic or religious ideology. It is on this note that this paper analyses the instruments from the Islamic law perspective to the dynamism and development of Islamic law in its interaction with modern issues or practices such as civil aviation terrorism. The paper is doctrinal wherein qualitative legal research methodology is adopted. The primary and secondary sources of international civil aviation and Islamic law are analysed to achieve the aim and objectives of the paper. It is found that the act of air terrorism is rightly impermissible under Islamic law. It further finds that the definition of the offence under Islamic Law is wider than that of conventional law; jurisdiction is universal; punishment is more severe; and extradition is compulsory. The paper concludes that the act of terrorism in whatever form is tantamount to waging war against the principle of Maq</em><em>as</em><em>id al-Shar</em><em>i</em><em>‘ah.</em><em> The paper therefore recommends an urgent review of international civil aviation law instruments against air terrorism, particularly the provisions relating to punishment and jurisdiction, to be in line with Islamic law.</em></p> Ismail Adua Mustapha, Abdulraheem Taofeeq Abolaji, Ismael Funsho Yusuph Copyright (c) 2024 Jurnal Syariah https://creativecommons.org/licenses/by-nc/4.0 http://ajba.um.edu.my/index.php/JS/article/view/47667 Tue, 30 Apr 2024 00:00:00 +0800