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:: Volume 1, Issue 1 (9-2017) ::
3 2017, 1(1): 81-110 Back to browse issues page
Jurisprudential Prohibition of Nuclear Weapons Utilization in condition of Retaliation
Abstract:   (160 Views)
Abstract
Among the weapons emerging in the modern time with the advance of physics in the realm of military, security and politics is the ‘nuclear weapon’ which is the most hazardous war weapon harmful for the life of human beings, other living creatures and all environmental components. Use of nuclear weapon during the war, considering two conditions, is prohibited upon the consensus of Imami Shi’ite jurisprudents. The first condition is to utilize the weapon arbitrarily and without enemy’s deployment of the weapon. The second condition wherein use of nuclear weapon is forbidden is when, there is a will to deploy the weapon but the deployment takes place in non-emergency situation, victory, non failure or protection of the religion of Islam could be achieved utilizing conventional weapons and victory is not solely dependent upon the use of the nuclear weapon,
The controversy which remains the point of debate for the jurisprudents of different schools of Islam is deployment of the nuclear weapon in emergency situations and conditions of retaliation.
The present survey endeavors to answer the first question i.e. “In situations when the enemy deliberately or just based on self-constituted ethical principles, proceeds to deploy nuclear weapons, is there a right to utilize nuclear weapon against the enemy under the title of retaliation?”
The answer to this question shall be posed from three viewpoints: International law, ethical principles and Islamic law. The present survey aims to investigate the issue by the third approach from the viewpoint of Islamic law focusing on the axis of Shiite jurisprudence.  Generality and ascription of some evidences from traditions and particularly Quranic proofs forms the basis of the reasoning of those who believe the deployment of the weapon shall be permissible in the condition of retaliation. But, exact explanation of the above proofs, matching and understanding of the Jurisprudents, makes this primitive manifestation to face serious restrictions and eventually directs us to another reasoning. In order to get the serious purpose of the practices of Shari’a lawmaker, the interpretive and supervisory role of the revealed texts is indicative of the ‘objectives of the Shari’a’ and the ‘taste of saint legislator’ on the texts of the institutional law is clearly expressive of the religious instructions and practices.
Keywords: Keywords: Nuclear weapon, retaliation, assault, similitude, corruption, torture.
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Type of Study: Research | Subject: General
Received: 2015/05/28 | Accepted: 2016/09/12 | Published: 2017/09/22
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Jurisprudential Prohibition of Nuclear Weapons Utilization in condition of Retaliation. 3. 2017; 1 (1) :81-110
URL: http://arh.sccsr.ac.ir/article-1-24-en.html


Volume 1, Issue 1 (9-2017) Back to browse issues page
فصلنامه تحقیقات کاربردی علوم انسانی اسلامی The Interdisciplinary Quarterly of Applied Researches on IslamicHumanities
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