A new approach to the criminalization of terrorist financing and its compatibility with Sharia law

Abstract

Purpose

The purpose of this paper is to re‐discover the nature of the crime of terrorist financing in order to challenge the assumption which requires the criminalization of terrorist financing as a predicate crime to money laundering.

Design/methodology/approach

Illustrating the nature of the crime of terrorist financing and money laundering, the necessity of the criminalization of terrorist financing as an inchoate crime in accordance with the principles of Islamic criminal law will be examined.

Findings

While the criminalization of money laundering in Islam is based on the illegality of crimes already happened, impermissibility of terrorist financing needs to be forward‐looking, concentrating on the destination of the crime of terrorist financing. This requires criminalization of terrorist financing as an inchoate offence which is compatible with the principles of Islamic criminal law.

Originality/value

The paper provides new insight into the criminalization of terrorist financing.

Citation

Tofangsaz, H. (2012), "A new approach to the criminalization of terrorist financing and its compatibility with Sharia law", Journal of Money Laundering Control, Vol. 15 No. 4, pp. 396-406. https://doi.org/10.1108/13685201211265980