المقاومة و الإرهاب و إشكالية تحديد مفهوميهما : في ضوء أحكام الشريعة الإسلامية و القانون الدولي

Abstract EN

The terrorism phenomenon is considered during the arm conflict one of the negative phenomena in our contemporary word.

Which spread to threat the security of revolutionary people against the assaults .the defines religions including Islam and later the rules of international law refused terrorism on the ground that Islam on its sense is a peace messages works to settle down pillows of right, and the balance of justice among people.

terrorism produces nothing but fear and frightening peaceful people , and devote the phenomena the corruption of earth which forbidden by Islam , on the contrary as a reaction the legal national resistance appeared which has been agreed upon by Islamic law and adopted by positive laws on the ground that they are legal action and allowed for all people under occupation , and can’t be consider as an act of terrorism , as well as the people of resistance as the operation of resistance against the occupation are military operation came on by nationals , and not by the armed regular forces , for defacing the national interest in away to damage the interest of the occupation and liberate the home land .

as a result of obvious mixing between the concept of legal resistance and terrorist acts , the need of clarifying its concept and the range of it legality Islamic law and international law , has emerged , which arouse me to study this subject.

I studied the concept of resistance and terrorism in the framework of Islamic jurisprudence and international law, and then I studied the legality of armed resistance work through clarifying its element and limiting the people of this force, then the Islamic and international law point of view.

I studied as well the stand of Islam and international law against the act of terrorism.

Finally, the study has reached to major points and conclusion, they are as follows: Islam doesn’t know terrorism, and there is a mixing of views between terrorism and the legal arm struggle of people, therefore I tried to point out the element of resistance and terrorism in order to know when the act of resistance or terrorism emerges.

as well as , it has been concluded that Islamic law has call upon resisting aggression and tyrant on people and states .

Accordingly the study has recommended the international society must return to the rules of Islamic law to conclude the rules of resistance and legitimate self-defense