SHARIAsource

The children of an American citizen who was killed in a suicide bombing attack in Israel by Hamas sued Iran, its Ministry of Intelligence and Security, and several high-ranking Iranian officials. They brought suit under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran should be liable for providing financial support to Hamas. Iran did not file an answer to the charge. The Court awarded the victim’s estate $1,000,000 for the pain and suffering she experienced before death. The Court further awarded the four children compensatory damages in the amount of $3,000,000 each, for a total of $12,000,000. The Court also awarded punitive damages in the amount of $300 million against all defendants besides Iran jointly and severally.

Family members of an American citizen killed in a suicide bombing attack in Israel sued Iran and its Ministry of Intelligence and Security for her wrongful death, alleging that Iran financially supported Hamas, which took responsibility for the bombing at the time of the attack. Iran did not file an answer to the charges. Invoking the Foreign Sovereign Immunities Act exception for state-sponsored terrorism (allowing sovereign states that financially sponsor terrorism to be sued), the Court entered judgment in favor of the plaintiff, awarding $9,879,023 to the victim’s husband for both economic and emotional loss of his wife. The Court awarded an additional $5,000,000 to each of the victim’s parents for emotional loss.

Injured survivors of a suicide bombing attack in Israel, allegedly by Hamas, and the family members of the deceased, sued Iran, its Ministry of Information and Security, and the Iranian Revolutionary Guard for compensatory damages for assault, battery, intentional infliction of emotional distress, loss of prospective income, and solatium (appropriate “when extreme and outrageous conduct has caused grief and anguish to plaintiffs closely related to a victim of terrorism”), as well as punitive damages. They brought suit under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran should be liable for providing financial support to Hamas. Iran did not file an answer to the charge. The court entered judgment in favor of the plaintiffs, awarding them  compensatory damages in the amount of $111,963,607.87 for physical damages and economic and emotional loss, as well as punitive damages in the amount of $300,000,000 against the Ministry of Intelligence and Security.

This fatwa acknowledges the scourge of terrorism that has recently affected many countries, including Indonesia. It also acknowledges the perceptions held by some that terrorism reflects Islamic techings, that Muslims should be approached with caution, and that acts of terror constitute jihad.

The fatwa considers that terrorism, according to Islamic fiqh, constitutes piracy/unlawful warfare (hirabah). It determines that terrorism is a crime against humanity and civilisation that constitutes a serious threat towards state sovereignty and security, to world peace, as well as to societal welfare. It is transnational organised crime that can be categorised as an extraordinary and indiscriminate crime.

The fatwa distinguishes between terrorism and jihad, stating that terrorism is:

1. designed to cause damage (ifsad) and anarchy/chaos (faudha);
2. intended to create fear and destroy others; and
3. conducted without regulation and limits.

Meanwhile, it states that jihad:

1. brings about improvements (ishlah), albeit via warfare;
2. intends to enforce the religion of Allah and/or defend the rights of the oppressed; and
3. is conducted pursuant to regulations specified by shari'a with a clear enemy in mind.

Legally, the fatwa states that acts of terror are forbidden (haram), while acts of jihad are obligatory (wajib). Persons that commit suicide do so for personal reasons and are pessimists, while martyrs do so as a victim for their religion and the Muslim people, with the intent of obtaining the mercy and pleasure of Allah Subhanahu wa Ta'ala. Suicide bombing is, therefore, forbidden (haram), regardless of whether it is committed in a peaceful area or in a warzone. Martyrdom, however, is permitted.

The plaintiff , an American citizen whose wife was killed in a suicide bombing in Israel, sued Iran under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (FSIA) (allowing suit against sovereign states that financially sponsor terrorism), for intentional infliction of emotional distress and economic loss due to wrongful death of his wife in a suicide bomber’s attack in Israel. The plaintiff argued that Iran and its Ministry of Information and Security should be held financially liable, as there were financial ties between the group that claimed responsibility for the attack, the Palestinian Islamic Jihad, and Iran. Iran failed to make an appearance or file an answer. The Court entered judgment in favor of the plaintiff, awarding him $10,380,568 for emotional and economic loss.

Additional commentary. The FSIA, 28 U.S.C.A. §1605(a) is the terrorism exception to FSIA and what plaintiffs depend on to get jurisdiction over Iran. §1605(a)(1) stays that “A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency.” While there is no direct connection to Islamic law, there is a dispute that centers around whether Iran -- an Islamic constitutional state -- sponsors military operations conceived of as jihad under the guise of Islamic law.