Nihilistic violent extremism is not automatically terrorism

NIHILISTIC Violent Extremism (NVE) is an emerging crime-prevention challenge that deserves attention, but also conceptual and legal precision.

Broadly understood, nihilism rejects established moral, social, religious or ideological values, viewing life and institutions as having little inherent meaning.

In the context of NVE, this can manifest as hostility towards society, fascination with destruction, or a desire to inflict harm without a coherent political, religious or ideological objective.

Individuals may be drawn towards violence through personal grievances, misogyny, incel subcultures, fascination with mass killers, true crime communities (TCC), gaming-related online spaces, or seemingly contradictory combinations of beliefs.

Malaysia should take this phenomenon seriously. But it should not conflate NVE with terrorism.

The fact that violence is extreme or capable of creating widespread fear does not automatically make it terrorism. The real question is what crime has been committed, with what intention, and which law properly applies.

Criminal law requires proof of both actus reus (the prohibited act) and mens rea (the guilty mind). The same discipline should apply to NVE.

(Image: Unsplash)

If someone influenced by violent online communities commits homicide, the starting point is homicide. If the conduct involves attempted murder, assault, threats or weapons offences, those crimes should be investigated accordingly.

An offender’s fascination with mass killers, misogynistic beliefs, violent online content or disturbing communities may help investigators understand motivation and assess risk. Those factors alone, however, do not establish the legal elements of a terrorist act.

That distinction matters because Malaysian law does not define terrorism as a broad ideology or phenomenon. Instead, it specifies what constitutes a terrorist act and criminalises related conduct. NVE cannot become a substitute for proving those statutory elements.

Treating every shocking act of violence as terrorism risks over-criminalisation and dilutes the meaning of terrorism itself.

If school violence, misogynistic attacks or mass killings become terrorism simply because they create fear or involve extremist beliefs, terrorism becomes a catch-all label for disturbing crimes rather than a distinct legal category.

Malaysia does not need such a residual category. Existing criminal law already covers murder, attempted murder, grievous hurt, criminal intimidation and numerous other serious offences. The evidence should determine the charge, not the label.

The United States offers useful lessons because its threat landscape includes mass shootings, school violence and lone actors whose motivations often fall outside traditional ideological categories.

Malaysia’s context, however, is different.

Our multiracial and multireligious society has unique sensitivities surrounding race, religion and royalty, while the Rukun Negara places “Kepercayaan kepada Tuhan” as its first principle.

That does not mean nihilistic violence cannot occur here. It means its manifestations should be understood within Malaysia’s own legal, cultural and social context rather than imported wholesale from another country’s threat framework.

The same caution applies to the emerging “ideological salad” phenomenon, where individuals consume fragments of extremist propaganda, incel narratives, true crime content and mass-shooter material simultaneously.

Such ideological fluidity is important for crime prevention, but ideological confusion is not terrorist mens rea.

NVE should therefore be addressed primarily through crime and violence prevention, not automatically through counter-terrorism.

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(Image: Unsplash/Melyna Valle)

Early warning signs, including violent fixation, explicit threats, escalating misogyny, incel narratives and disturbing online behaviour, should fall within appropriate crime-prevention efforts involving police, schools, families, social services and mental health professionals. This is particularly important for children and young people.

Risk is not actus reus. Disturbing beliefs are not automatically criminal mens rea. Neither, without more, establishes terrorism.

Where NVE progresses into criminal conduct, responsibility should ordinarily rest with the Criminal Investigation Department.

Murder should be investigated as murder, assault as assault, and only where investigators establish the statutory elements of a terrorist act should counter-terrorism laws be engaged.

The Malaysian approach can be expressed simply: prevent the risk, investigate the crime, prosecute the conduct, and reserve terrorism laws for terrorism.

NVE helps us understand changing pathways towards violence. But a new pathway to violence does not require a new category of terrorism.

Preserving that distinction is not merely a matter of semantics. It protects proportionality, prevents over-criminalisation, and safeguards the integrity of Malaysia’s terrorism laws. ‒ Aug 20, 2026

 

The author is a Criminologist and Senior Lecturer at the Faculty of Law, Universiti Malaya.

The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.

 

Main image: The Sun Malaysia

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