Rights and Regulations of Conflicts in the Realm of Islamic jihad and International Islamic law (Book): Difference between revisions

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{{infobox book
| title = Rights and Regulations of Conflicts in the Realm of Islamic jihad and International Islamic law
| image = Rights and Regulations of Conflicts in the Realm of Islamic jihad and International Islamic law.jpg
| size image =
| caption =
| other names =
| main title =
| author = Abbas Ali Amid Zanjani
| date of writing = 2004
| subject = Political Jurisprudence
| style = Analytical
| language = Persian
| main language = Persian
| editor =
| textual editing =
| with the efforts of =
| collection = Political Jurisprudence
| illustrator =
| cover designer =
| volumes = 1
| pages = 401
| size =
| translations =
| publisher = Amir Kabir Publishers
| publication place = Tehran
| publication date = 2004
| printing = First Edition
| print run =
| isbn =
| media type = Book
| publisher website =
| english_name = Political Jurisprudence: Rights and Rules of Conflicts in the Context of Islamic Jihad
| translator =
| publication_details =
| electronic_version =
| other_volumes = Volume 1 • Volume 2 • Volume 3 • Volume 4 • Volume 5 • Volume 6 • Volume 7 • Volume 8 • Volume 9 • Volume 10
}}
{{Author
{{Author
|author = Mehdi Khosravi Sereshki
|author = Mehdi Khosravi Sereshki
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The fifth volume of the "Political Jurisprudence," entitled " Rights and regulations of conflicts in the realm of Islamic jihad and international Islamic law," consists of two approximately equal sections (each comprising 200 pages). The first section, which covers general principles, is divided into four chapters that elucidate the roots of war, the foundations of warfare in Islam, methods of engaging with adversaries, and strategies for mitigating conflict. The second section, titled "The Nature of War and Its Types," expands upon the discussions from the first section across six chapters. The first chapter addresses the concepts of worship, sanctity, value, and the significance of jihad in Islam, along with its relationship to the obligations of individuals and the conditions under which it becomes obligatory. The subsequent chapter discusses the legitimacy and objectives of jihad from the perspectives of the Quran and Nahj al-Balagha, while the third chapter defines various forms of jihad, such as defensive and Preliminary jihad. The fourth chapter examines the views of Sunni and Shia scholars regarding jihad, and the following chapter elaborates on jihad and intervention in the affairs of nations. The final chapter highlights the constructive impacts of jihad, including the preservation of sovereignty, development and construction, self-sufficiency, and the revival and enhancement of cultural and spiritual values, which also encompasses the significance and status of martyrdom.
The fifth volume of the "Political Jurisprudence," entitled " Rights and regulations of conflicts in the realm of Islamic jihad and international Islamic law," consists of two approximately equal sections (each comprising 200 pages). The first section, which covers general principles, is divided into four chapters that elucidate the roots of war, the foundations of warfare in Islam, methods of engaging with adversaries, and strategies for mitigating conflict. The second section, titled "The Nature of War and Its Types," expands upon the discussions from the first section across six chapters. The first chapter addresses the concepts of worship, sanctity, value, and the significance of jihad in Islam, along with its relationship to the obligations of individuals and the conditions under which it becomes obligatory. The subsequent chapter discusses the legitimacy and objectives of jihad from the perspectives of the Quran and Nahj al-Balagha, while the third chapter defines various forms of jihad, such as defensive and Preliminary jihad. The fourth chapter examines the views of Sunni and Shia scholars regarding jihad, and the following chapter elaborates on jihad and intervention in the affairs of nations. The final chapter highlights the constructive impacts of jihad, including the preservation of sovereignty, development and construction, self-sufficiency, and the revival and enhancement of cultural and spiritual values, which also encompasses the significance and status of martyrdom.
===The author===
===The author===
Amid Zanjani (1937 - 2011) the author of the book, was a mujtihid, university professor, and political science researcher. He studied in the religious seminaries of Qom and Najaf under prominent scholars such as [[Seyyed Hossein Burujerdi]], [[Seyyed Ruhollah Khomeini]], [[Seyyed Abul-Qasem Khoei]], and [[Seyyed Mohsen hakim]]. The ten-volume series on political jurisprudence, is his well-known work in political jurisprudence, which has been reprinted multiple times. He also had experience in the political arena, having served as a representative in the Islamic Consultative Assembly and the Assembly of Experts.
Amid Zanjani (1937 - 2011) the author of the book, was a mujtihid, university professor, and political science researcher. He studied in the religious seminaries of Qom and Najaf under prominent scholars such as [[Seyyed Hossein Burujerdi]], [[Sayyid Ruhollah Musavi Khomeini|Seyyed Ruhollah Khomeini]], [[Seyyed Abul-Qasem Khoei]], and [[Seyyed Mohsen hakim]]. The ten-volume series on political jurisprudence, is his well-known work in political jurisprudence, which has been reprinted multiple times. He also had experience in the political arena, having served as a representative in the Islamic Consultative Assembly and the Assembly of Experts.
==The legitimacy of jihad from the perspective of the Quran and Nahj al-Balagha==
==The legitimacy of jihad from the perspective of the Quran and Nahj al-Balagha==
In the first section of the book (overview), ʿAmīd Zanjānī discusses the definition and origins of war, referencing its roots from an Islamic perspective and citing two fundamental causes according to the Quran:
In the first section of the book (overview), ʿAmīd Zanjānī discusses the definition and origins of war, referencing its roots from an Islamic perspective and citing two fundamental causes according to the Quran:
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In the final chapter of the first part of the book, the author thoroughly examines methods to aid in the elimination of war discussing topics such as disarmament from an Islamic perspective, crisis management, the precedence of invitation to Islam over jihad, strategies for unity, political solutions and diplomacy, disputes and arbitration, as well as military preparedness and rapid response. Additionally, the author compares Islamic views with imperialistic perspectives, highlighting eight key differences (pp. 137-199).
In the final chapter of the first part of the book, the author thoroughly examines methods to aid in the elimination of war discussing topics such as disarmament from an Islamic perspective, crisis management, the precedence of invitation to Islam over jihad, strategies for unity, political solutions and diplomacy, disputes and arbitration, as well as military preparedness and rapid response. Additionally, the author compares Islamic views with imperialistic perspectives, highlighting eight key differences (pp. 137-199).
==Is the permission of the Imam or his representative a prerequisite for jihad?==
==Is the permission of the Imam or his representative a prerequisite for jihad?==
According to Amid Zanjani, the Quran mentions two terms: jihad and qital, indicating that jihad is a form of qital, albeit with specific conditions and limitations. Furthermore, jihad is considered a communal and collective obligation, but is it permissible and legitimate to engage in jihad without the presence and organization of an Imam or his representative during the era of occultation? Zanjānī emphasizes that many Shia jurists, such as Kashif al-Ghita, do not regard the permission of the infallible Imam during his presence or the authorization of a fully qualified jurist during the occultation as a prerequisite for defensive jihad. In his discussion on preliminary jihad, he refers to the differing opinions among Shia jurists regarding the necessity of the Imam's permission, stating that the prevailing view is that preliminary jihad requires the consent of the rightful Imam. The author cites [[Imam Khomeini]]'s ruling in 'Tahrīr al-Wasīlah', which asserts that the initiation of an offensive war is a prerogative of the infallible Imam. He notes, 'For this reason, Shia jurists have defined jihad as warfare against enemies, encompassing both domestic armed conflict with rebels and external combat against polytheists, with the objectives of jihad including defense against aggression and hostility, as well as supporting Islam and upholding the tenets of the faith.' (pp. 203-205)
According to Amid Zanjani, the Quran mentions two terms: jihad and qital, indicating that jihad is a form of qital, albeit with specific conditions and limitations. Furthermore, jihad is considered a communal and collective obligation, but is it permissible and legitimate to engage in jihad without the presence and organization of an Imam or his representative during the era of occultation? Zanjānī emphasizes that many Shia jurists, such as Kashif al-Ghita, do not regard the permission of the infallible Imam during his presence or the authorization of a fully qualified jurist during the occultation as a prerequisite for defensive jihad. In his discussion on preliminary jihad, he refers to the differing opinions among Shia jurists regarding the necessity of the Imam's permission, stating that the prevailing view is that preliminary jihad requires the consent of the rightful Imam. The author cites [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]]'s ruling in 'Tahrīr al-Wasīlah', which asserts that the initiation of an offensive war is a prerogative of the infallible Imam. He notes, 'For this reason, Shia jurists have defined jihad as warfare against enemies, encompassing both domestic armed conflict with rebels and external combat against polytheists, with the objectives of jihad including defense against aggression and hostility, as well as supporting Islam and upholding the tenets of the faith.' (pp. 203-205)
==Waging war to gain political authority does not constitute a form of jihad==
==Waging war to gain political authority does not constitute a form of jihad==
In the context of jihad, alongside material elements, there exists a spiritual component related to the intentions of the fighters, which is the pursuit of divine proximity and motivation for divine objectives. Consequently, Islamic jurists categorize jihad within the realm of worship in their thematic classification of jurisprudential texts. The author of the book elucidates that engaging in armed conflict against an enemy for non-divine purposes, such as acquiring war spoils or achieving political or military power, cannot be considered a valid form of jihad.
In the context of jihad, alongside material elements, there exists a spiritual component related to the intentions of the fighters, which is the pursuit of divine proximity and motivation for divine objectives. Consequently, Islamic jurists categorize jihad within the realm of worship in their thematic classification of jurisprudential texts. The author of the book elucidates that engaging in armed conflict against an enemy for non-divine purposes, such as acquiring war spoils or achieving political or military power, cannot be considered a valid form of jihad.
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[[category: book review]]
[[category: book review]]
[[category: books by abbas ali amid zanjani]]
[[category: books by abbas ali amid zanjani]]
[[Category:Books on Political Jurisprudence]]