Principles and Regulations Governing Armed Conflicts (Book): Difference between revisions
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'''"Principles and Regulations Governing Armed Conflicts (Jihad)"''' (in persian:[https://ency.feqhemoaser.com/fa/view/%D8%A7%D8%B5%D9%88%D9%84_%D9%88_%D9%85%D9%82%D8%B1%D8%B1%D8%A7%D8%AA_%D8%AD%D8%A7%D9%83%D9%85_%D8%A8%D8%B1_%D9%85%D8%AE%D8%A7%D8%B5%D9%85%D8%A7%D8%AA_%D9%85%D8%B3%D9%84%D8%AD%D8%A7%D9%86%D9%87_(%DA%A9%D8%AA%D8%A7%D8%A) اصول و مقررات حاكم بر مخاصمات مسلحانه (جهاد)]) is the sixth volume of the [[Ten-volume series "Political Jurisprudence"|ten-volume series "Political Jurisprudence,"]] written by [[Abbas Ali Amid Zanjani]]. This volume builds upon and completes the discussions initiated in the fifth volume. The author explores the principles and regulations of warfare in Islam, the impacts of war, and issues arising after conflict, structured into three main sections and ten chapters. | '''"Principles and Regulations Governing Armed Conflicts (Jihad)"''' (in persian:[https://ency.feqhemoaser.com/fa/view/%D8%A7%D8%B5%D9%88%D9%84_%D9%88_%D9%85%D9%82%D8%B1%D8%B1%D8%A7%D8%AA_%D8%AD%D8%A7%D9%83%D9%85_%D8%A8%D8%B1_%D9%85%D8%AE%D8%A7%D8%B5%D9%85%D8%A7%D8%AA_%D9%85%D8%B3%D9%84%D8%AD%D8%A7%D9%86%D9%87_(%DA%A9%D8%AA%D8%A7%D8%A) اصول و مقررات حاكم بر مخاصمات مسلحانه (جهاد)]) is the sixth volume of the [[Ten-volume series "Political Jurisprudence"|ten-volume series "Political Jurisprudence,"]] written by [[Abbasali Amid Zanjani|Abbas Ali Amid Zanjani]]. This volume builds upon and completes the discussions initiated in the fifth volume. The author explores the principles and regulations of warfare in Islam, the impacts of war, and issues arising after conflict, structured into three main sections and ten chapters. | ||
Amid Zanjani asserts that one should adhere to the minimum requirements and necessities in the context of jihad. He emphasizes the use of propaganda to strengthen one's own spirit and deceiving the enemy, and even suggests the potential use of instruments of entertainment. Furthermore, he clarifies that the budget and expenditures related to those whose hearts are to be reconciled are not exclusively designated for zakat and jihad, and he deems the [[Establishment of an intelligence organization|establishment of an intelligence organization]] to be essential. Amid Zanjani also believes that the ruling jurist (Wali Faqih), as the Commander-in-Chief of the armed forces, is safeguarded from error. | Amid Zanjani asserts that one should adhere to the minimum requirements and necessities in the context of jihad. He emphasizes the use of propaganda to strengthen one's own spirit and deceiving the enemy, and even suggests the potential use of instruments of entertainment. Furthermore, he clarifies that the budget and expenditures related to those whose hearts are to be reconciled are not exclusively designated for zakat and jihad, and he deems the [[Establishment of an intelligence organization|establishment of an intelligence organization]] to be essential. Amid Zanjani also believes that the ruling jurist (Wali Faqih), as the Commander-in-Chief of the armed forces, is safeguarded from error. | ||
The book includes sections that address the legitimacy of the captivity and enslavement of prisoners of war in Islamic jurisprudence, how to handle war spoils, the ban on weapons of mass destruction and nuclear weapons, and the accountability of governments for [[War crimes|war crimes]]. | The book includes sections that address the legitimacy of the captivity and enslavement of prisoners of war in Islamic jurisprudence, how to handle war spoils, the ban on weapons of mass destruction and nuclear weapons, and the accountability of governments for [[War crimes|war crimes]]. | ||
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In the third and final section of the book, Amid Zanjani provides a historical account of Islamic conquests throughout the history of Islam, without engaging in any jurisprudential discussions. He notes that the ownership status of some territories resulting from these conquests continues to be unclear (pp. 319-332). | In the third and final section of the book, Amid Zanjani provides a historical account of Islamic conquests throughout the history of Islam, without engaging in any jurisprudential discussions. He notes that the ownership status of some territories resulting from these conquests continues to be unclear (pp. 319-332). | ||
===Author=== | ===Author=== | ||
Abbas Ali Amid Zanjani (1937 - 2011) was a distinguished author, mujtahid, legal expert, university professor, and researcher in political science. He studied in the religious seminaries of Qom and Najaf under esteemed scholars such as [[Seyyed Hossein Borujerdi]], [[Seyyed Ruhollah Khomeini]], [[Seyyed Abolqasem Khoei]], and [[Seyyed Mohsen Hakim]]. His well-known work, a ten-volume series on political jurisprudence, has been reprinted numerous times. Additionally, he had significant political experience, having served as a representative in both the Islamic Consultative Assembly and the Assembly of Experts. | Abbas Ali Amid Zanjani (1937 - 2011) was a distinguished author, mujtahid, legal expert, university professor, and researcher in political science. He studied in the religious seminaries of Qom and Najaf under esteemed scholars such as [[Seyyed Hossein Borujerdi]], [[Sayyid Ruhollah Musavi Khomeini|Seyyed Ruhollah Khomeini]], [[Seyyed Abolqasem Khoei]], and [[Seyyed Mohsen Hakim]]. His well-known work, a ten-volume series on political jurisprudence, has been reprinted numerous times. Additionally, he had significant political experience, having served as a representative in both the Islamic Consultative Assembly and the Assembly of Experts. | ||
==Adhering to the minimum requirements and necessities in Islamic jihad== | ==Adhering to the minimum requirements and necessities in Islamic jihad== | ||
The first section of the book (chapter 1) begins with military recommendations, and the second chapter focuses on military advice based on Islamic literature. The fundamental principle of these recommendations is that jihad is a sacred act and an act of worship. However, since its purpose is not to cause bloodshed or destruction, it is crucial to adhere to the minimum requirements. Consequently, one should refrain from destruction and waste of property, as well as the demolition of buildings, unless absolutely required, such as in cases where the enemy is utilizing them for defensive purposes. | The first section of the book (chapter 1) begins with military recommendations, and the second chapter focuses on military advice based on Islamic literature. The fundamental principle of these recommendations is that jihad is a sacred act and an act of worship. However, since its purpose is not to cause bloodshed or destruction, it is crucial to adhere to the minimum requirements. Consequently, one should refrain from destruction and waste of property, as well as the demolition of buildings, unless absolutely required, such as in cases where the enemy is utilizing them for defensive purposes. | ||
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==The relationship between financial jihad and charitable spending== | ==The relationship between financial jihad and charitable spending== | ||
In the context of jihad, it is crucial to not only rely on divine support and trust in God but also to strive for the mobilization of all material and spiritual resources, ensuring their optimal use. The author elaborates that, beyond rationality and experience, Islamic teachings and the Quran establish a direct causal link between jihad and the backing of warfare. There is no alternative to being fully prepared and enhancing various aspects of support. The Quranic directive to prepare and equip the forces, as articulated in the verse «وَ أَعِدُّوا لَهُمْ مَا اسْتَطَعْتُمْ مِنْ قُوَّة» ([[Al-Anfal, 60|al-Anfal, 60]]), is comprehensive in both quantity and quality, governing the principles of jihad. The author also refers to Imam Khomeini's insights on military funding and warfare support, before delving into specific examples of war support, especially regarding military budgets and the mobilization of personnel. Amid Zanjani references Quranic directives on financial jihad and military budgets, organizing them into three categories: | In the context of jihad, it is crucial to not only rely on divine support and trust in God but also to strive for the mobilization of all material and spiritual resources, ensuring their optimal use. The author elaborates that, beyond rationality and experience, Islamic teachings and the Quran establish a direct causal link between jihad and the backing of warfare. There is no alternative to being fully prepared and enhancing various aspects of support. The Quranic directive to prepare and equip the forces, as articulated in the verse «وَ أَعِدُّوا لَهُمْ مَا اسْتَطَعْتُمْ مِنْ قُوَّة» ([[Al-Anfal, 60|al-Anfal, 60]]), is comprehensive in both quantity and quality, governing the principles of jihad. The author also refers to Imam Khomeini's insights on military funding and warfare support, before delving into specific examples of war support, especially regarding military budgets and the mobilization of personnel. Amid Zanjani references Quranic directives on financial jihad and military budgets, organizing them into three categories: | ||
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# The command to contribute financially for the advancement of jihad: Surah al-Anfal, verse 60, and [[Surah al-Hadid, verse 10]]. | # The command to contribute financially for the advancement of jihad: Surah al-Anfal, verse 60, and [[Surah al-Hadid, verse 10]]. | ||
# The connection between financial participation in jihad and achieving victory: [[Surah al-baqarah verse 195|surah al-baqarah verse 195]], and [[Surah al-Anfal, verse 36]]. | # The connection between financial participation in jihad and achieving victory: [[Surah al-baqarah verse 195|surah al-baqarah verse 195]], and [[Surah al-Anfal, verse 36]]. | ||
# The financial jihad and the associated social and spiritual advantages: [[Surah al-Baqarah, verse 121]], and [[Surah al-Hadid, verse 10]]. | # The financial jihad and the associated social and spiritual advantages: [[Surah al-Baqarah, verse 121]], and [[Surah al-Hadid, verse 10]]. | ||
# The relationship between neglecting financial jihad and hypocrisy: Surah al-Tawbah, verse 54. | # The relationship between neglecting financial jihad and hypocrisy: Surah al-Tawbah, verse 54. | ||
{{end}} | |||
He also refers to three Quranic directives for mobilizing forces: | He also refers to three Quranic directives for mobilizing forces: | ||
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# A call for greater unity and solidarity. | # A call for greater unity and solidarity. | ||
# Training in military skills and readiness for combat (indirect commands). | # Training in military skills and readiness for combat (indirect commands). | ||
# Public readiness and the mobilization of reserve personnel (direct orders). | # Public readiness and the mobilization of reserve personnel (direct orders). | ||
{{end}} | |||
One of the jurisprudential points here is the use of the term «ارصاد» by Islamic jurists, referencing the verse «إِنَّ رَبَّكَ لَبِالْمِرْصٰاد» and the verse «وَ اقْعُدُوا لَهُمْ كُلَّ مَرْصَد». Islamic Jurists have applied the term «مرصد» to volunteer fighters (المطوعه) and the steadfast forces at the front, discussing the payment of their wages (pp. 58-59). | One of the jurisprudential points here is the use of the term «ارصاد» by Islamic jurists, referencing the verse «إِنَّ رَبَّكَ لَبِالْمِرْصٰاد» and the verse «وَ اقْعُدُوا لَهُمْ كُلَّ مَرْصَد». Islamic Jurists have applied the term «مرصد» to volunteer fighters (المطوعه) and the steadfast forces at the front, discussing the payment of their wages (pp. 58-59). | ||
==The expansion of the budget and the use of Muallafah Qulubuhum == | ==The expansion of the budget and the use of Muallafah Qulubuhum == | ||
According to the author, the term Muallafah Qulubuhum (those whose hearts are to be reconciled with), mentioned in the verse regarding the eight categories of zakat expenditures, carries a political and military connotation. Since it is not necessary for zakat revenues to be distributed equally among all eight categories, the allocation for those whose hearts are to be reconciled could serve as a consistent line item in the budget of an Islamic state. | According to the author, the term Muallafah Qulubuhum (those whose hearts are to be reconciled with), mentioned in the verse regarding the eight categories of zakat expenditures, carries a political and military connotation. Since it is not necessary for zakat revenues to be distributed equally among all eight categories, the allocation for those whose hearts are to be reconciled could serve as a consistent line item in the budget of an Islamic state. | ||
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==The establishment of an intelligence organization necessary as a preliminary requirement== | ==The establishment of an intelligence organization necessary as a preliminary requirement== | ||
Amid Zanjani articulates the importance of establishing an intelligence organization for effective jihad management, referencing the practices of the Prophet Muhammad (PBUH) and Imam Ali (PBUH). He substantiates his position with two additional arguments: | Amid Zanjani articulates the importance of establishing an intelligence organization for effective jihad management, referencing the practices of the Prophet Muhammad (PBUH) and Imam Ali (PBUH). He substantiates his position with two additional arguments: | ||
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# The creation of an intelligence organization is an essential prerequisite: If the term «قوة» in verse 60 of Surah al-Anfal is interpreted as military and armament strength, then the acquisition and safeguarding of information can be viewed as a form of military power, thus establishing its necessity and obligation. | # The creation of an intelligence organization is an essential prerequisite: If the term «قوة» in verse 60 of Surah al-Anfal is interpreted as military and armament strength, then the acquisition and safeguarding of information can be viewed as a form of military power, thus establishing its necessity and obligation. | ||
# The idea of the elimination of war in Islam: According to texts that promote the cessation of warfare, it is possible to attain victory without conflict through specialized political management, with intelligence service serving as the fundamental component. | # The idea of the elimination of war in Islam: According to texts that promote the cessation of warfare, it is possible to attain victory without conflict through specialized political management, with intelligence service serving as the fundamental component. | ||
{{end}} | |||
He further emphasizes that the ultimate objective of intelligence organizations should be aligned with the goals of jihad and the global call of Islam. At the conclusion of the chapter, he illustrates the historical background of the intelligence network within Islamic thought by discussing the roles of «عریف (عرافت)» and «نقیب (نقابت)», referring to them as the "Arif and Naqib Intelligence Network." He draws upon various narrations and the words of Islamic jurists, noting that due to the misuse of these positions by caliphs and rulers, several narrations criticize these roles (pp. 103-118). | |||
==The ruling jurist (wali faqih) as the Commander-in-Chief of the armed forces and under special divine protection== | ==The ruling jurist (wali faqih) as the Commander-in-Chief of the armed forces and under special divine protection== | ||
According to the analysis of Amid Zanjani, military leadership and organization within the system of Imamate encompasses two primary aspects. On one hand, it is connected to God to ensure that it remains aligned with truth and justice, and on the other hand, it is linked to the people and warriors to avoid self-centeredness, opportunism, and betrayal. | According to the analysis of Amid Zanjani, military leadership and organization within the system of Imamate encompasses two primary aspects. On one hand, it is connected to God to ensure that it remains aligned with truth and justice, and on the other hand, it is linked to the people and warriors to avoid self-centeredness, opportunism, and betrayal. | ||
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Discussing "War Crimes in Islamic Jurisprudence," The author points out 21 instances that are cited in jurisprudential texts. These include actions such as abandoning the battlefield, disobedience to commanders, arson, flooding, deforestation, cutting down the trees and destruction of agricultural lands, the use of biological and chemical weapons, the killing of women, children, religious figures, and civilians, mutilation, conducting ambushes and unfair surprise attacks, urban warfare, the killing of prisoners and wounded soldiers, and assaults on the honor of individuals (pp. 362-372). | Discussing "War Crimes in Islamic Jurisprudence," The author points out 21 instances that are cited in jurisprudential texts. These include actions such as abandoning the battlefield, disobedience to commanders, arson, flooding, deforestation, cutting down the trees and destruction of agricultural lands, the use of biological and chemical weapons, the killing of women, children, religious figures, and civilians, mutilation, conducting ambushes and unfair surprise attacks, urban warfare, the killing of prisoners and wounded soldiers, and assaults on the honor of individuals (pp. 362-372). | ||
[[fa:اصول و مقررات حاكم بر مخاصمات مسلحانه (کتاب)]] | [[fa:اصول و مقررات حاكم بر مخاصمات مسلحانه (کتاب)]] | ||
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