Weapons of Mass Destruction

Author: MohammadMahdi Emadi

• abstract

Whether microbial, nuclear, or chemical weapons, weapons of mass destruction are among the new war tools that were produced alongside the emergence of industry and the advancement of science. As a result, new issues and rulings have also entered scientific and jurisprudential discussions. This topic has not been mentioned directly in religious texts and the jurists have extracted its ruling from generalities, applications, and common laws. What is included in the use of weapons of mass destruction is the killing of defenseless people and civilians and the destruction of their property far from the conflict scene. In addition, they are in support of Islamic rights because the principle of separation in goals is considered one of the absolute principles of jihad in Islam. A group of jurists have issued a fatwa regarding the sanctity of production and maintenance and many of them have issued a fatwa on the sanctity of using this type of weapon. Also, in the position of dealing with the similitude, some fatwas have been given on sanctity and some have considered it permissible. In case of necessity or emergency, many jurists have accepted the use of these weapons as permissible.

The Problem of the Study and its Significance

The issue of controlling weapons of mass destruction, especially atomic and nuclear weapons, is considered one of the most important legal and social issues in the contemporary world. The use of weapons of mass destruction since its creation has become an arena for jurisprudential, legal, ethical and strategic discussions, especially after its use in World War II.

Conceptology

In short, weapons of mass destruction are weapons that have four characteristics: (a) they don't differentiate between military and civilians; (b) They destroy the environment directly or indirectly; (c) They cause widespread killing and destruction; and (d) Their effects are irreparable. These weapons include atomic weapons, biological weapons, and chemical weapons. Nuclear weapons are capable of destroying or poisoning on a very wide scale. Biological weapons affect living organisms, including humans, animals, and plants. According to the Convention on the Proliferation of Chemical Weapons approved in 1993, chemical weapons include all chemical substances, whether in the form of gas, liquid or solid, which are used due to their direct toxic effects on humans, animals and plants.

Different forms of Production and Use of Weapons of Mass Destruction

Muslim jurists have separated and discussed the two issues of "production and maintenance" of unconventional weapons from "using" them. The ruling on the production of weapons of mass destruction, as well as its use, has been disputed and debated by scholars. Some have given respect and some have given conditional permission. The use of weapons of mass destruction can be imagined from three perspectives. First, the initial use of weapons of mass destruction against the enemy. Second, the use of weapons of mass destruction in the position of confrontation. Finally, the use of weapons of mass destruction in the position of emergency or necessity.

The Theory of Respect for Production and Maintenance

A group of Shiite jurists consider the production and storage of non-conventional weapons, including nuclear weapons, to be forbidden and have given at least three reasons for it.Sanctity due to the introduction of forbidden, sanctity due to harm to others and sanctity due to literalness and extravagance.

Argument against the Sanctity of the Premise is Forbidden

For the sanctity of producing and keeping weapons of mass destruction, they have argued that producing and keeping weapons is a prelude to using them, on the other hand, we know that using these types of weapons is forbidden, and since the preamble is Fazlollah, it is forbidden, so is the production and keeping of unconventional weapons. Among the ideas put forward about the forbidden introduction, some, such as Khorasani Mukhtar, consider only the introduction of the production to be forbidden, that is, the introduction that, with its occurrence or ….. will also be certain. Others generally do not consider the introduction of forbidden issues to be forbidden. With this detail, the production of weapons of mass destruction is not necessarily forbidden according to both opinions.

Considering the Forbidden Introduction

Another argument for the sanctity of making and keeping weapons is that trying to obtain weapons of mass destruction seriously harms the environment and ultimately humans, even their psychological security. At least, one should refer to the experts of it. Some reports indicate that the radiation and atomic ashes from atomic tests that spread to a wide range cause various diseases and harmful effects. Possession of weapons of mass destruction will be prohibited due to the sanctity of harming others.

Cancellation and Extravagance

The third reason for banning the production of weapons of mass destruction is its absurdity and extravagance due to its exorbitant costs. Ayatollah Khamenei considers the production of weapons of mass destruction to be pointless, expensive, troublesome and risky which, except for the cost of creating and there is no use in keeping. Hence if the evidence of the obligation to produce and use these weapons (such as verse 60 of Anfal) are unable to prove the obligatory ruling, the sanctity of production can be proven due to extravagance.

Production and Maintenance Permission Theory

A group of Shiite jurists have considered the production and storage of weapons of mass destruction permissible. The most important arguments that can be raised for the permission to produce weapons of mass destruction are the same reasons as the need to prepare for defense and the need to be equipped with weapons in order to deter the enemy.

Verse 60 of Surah Anfal

Verse 60 of Surah Anfal: "We promised them what I could..." It includes any type of weapon, including mass killing and others, and for the sake of preparation and deterrence power, so it should be produced. As Mohammad Yazdi specifies this point in the jurisprudence of the Qur'an. Or Heydar Habollah believes that according to the appearance of the order of "اعدوا" it is obligatory to be ready and prepare facilities for defense and confrontation with the enemy. If the verse includes the preparation of weapons of mass destruction, the production and their preparation is not only permissible but obligatory. Furthermore, the appearance of the verse is the necessity of preparation in order to create fear in the enemy, even if there is no war, which can be applied to the acquisition of weapons of mass destruction or at least some of them. Some also believe that if having combatant human forces, or conventional weapons, does not create fear in the enemy's heart, one should turn to unconventional weapons, as the adverb "ability" shows that one should use all one's power to achieve that goal Mousavi Ardabili considers it permissible to build weapons of mass destruction with the permission of the religious jurist and in line with the expediency of the system and the defense of Islam.

Verse's Rejection of non-Conventional Weapons

It has been said that the verse of Surah Anfal is restricted to conventional weapons due to its many uses, therefore it indicates the permissibility of the problem and cannot prove the preparation and preparation of war facilities and weapons of mass destruction. Some people, considering the meaning of the two words " power" and "you welcome", believe that the contents of the verse and the meaning of "power" in it recommend a power that destroys the desire of enemies to invade and adventure against Muslims. Weapons of mass destruction not only do not create security, but also cause fear and insecurity in its owners. Therefore, such weapons are specifically excluded from the scope of the verse, and any use of this verse as a general rule-maker is ruled out. As Imam Khomeini and Ayatollah Khamenei believe that weapons of mass destruction not only do not ensure the peace and security of the human society, but are a serious calamity and threat against humanity and security.

Verse 11 of Surah Nisa

Verse 11 of Surah Nisa is also cited as the reason for the permission to make and keep unconventional weapons; "O you who believe, take heed, and let them be firm, or let them all be." In this verse, the meaning of "take heed" is to be awake and alert and take care against danger so wide that it includes any material and spiritual means. Therefore, it includes being equipped with the most modern weapons of the day, including advanced weapons of mass destruction. And the verse not only indicates permissibility, but also indicates obligation.

Considering the Primary Use

As for the primary use of weapons of mass destruction, all Shiite experts care about it and there is no reason for its permissibility. They have cited several verses, narrations and jurisprudential rules for this claim.

Quran verses

The verse on killing, "I killed a soul without any corruption in the earth, so we killed all the people" (Maedeh/32) considers killing an honorable person as killing all human beings, so killing the inhabitants of a city or country in which innocent people are killed by the first way. Also, it will be very ugly from God's point of view and God is not pleased with it. According to verse 205 of Surah Al-Baqarah, " To spoil it and destroy the crops and the stock, and God does not like corruption.." Destruction of fields and genocide are examples of corruption in the land. And it is clear that microbial, chemical, nitrogen and nuclear weapons are the most obvious factors that cause corruption on earth. Another reason is the verse of attack(اعتدا): "So, I have attacked you against you like we have attacked you" (Al-Baqarah/194). From which we can conclude the two principles of "proportion in war weapons" and "distinction between military and civilian enemies". According to the principle of proportionality in war weapons, when the enemy uses a weak or strong weapon, the other party must react accordingly. While this proportion does not exist in weapons of mass destruction and these weapons are usually used against non-aligned weapons or in an elementary way. According to the principle of distinction/separation, there should be a distinction between military and civilians in war. Groups such as children, women, the elderly, the sick, the injured, as well as animals, trees, farms, and the environment in general are considered separate from military targets and should not be attacked. Allameh Tabatabaei believes that women, children, old people and the like are specifically excluded from the verse of aggression.

Traditions (Hadiths)

Prohibiting the use of unconventional weapons is also used in some traditions (hadiths), the content of which is the prohibition of excesses in war, mutilation of the dead, killing the elderly, children and women, and cutting down trees except in an emergency situation. Moreover, the traditions that forbid the release of poison in the land of enemies. Some of them are as follows.

• “On the authority of Abu Abdullah (PBUH) who said: The Messenger of God (PBUH) used to say... Do not go to extremes, do not mutilate, do not act treacherously, do not kill a mortal old man, a boy, or a woman, and do not cut down trees unless you are forced to do so...”,
• “On the authority of Abu Abdullah (PBUH) who said: The Prophet (peace be upon him) ... says... And do not betray, do not commit excess, do not impersonate, and do not kill a child.”[25]
• Sakuni’s narration; The Prophet (PBUH) forbade throwing poison into the lands of the polytheists.”[26]. Mohammad Sadr clarifies in this way that although the title of poison is used in Sokouni's narrative, poison is not the subject, but its criterion includes any non-conventional weapon.[27] Because if the use of poison that damages a limited area is forbidden. It is forbidden to use atomic bombs and chemical weapons in the first way.

Jurisprudential Rules

In addition to the narrative and Qur'anic texts, some jurisprudential rules such as harmlessness, sin and personal nature of punishment Principles are also mentioned as reasons for the sanctity of the primitive use of weapons of mass destruction; According to the harmlessness principle, no one has the right to inflict irreparable and uncontrollable harm on others under the pretext of self-defense. While weapons of mass destruction cause irreparable damage to humans and nature. Or according to the rule of sin, if the sin of an act is greater and greater than the benefit and benefit of that act, it causes the sanction of that act. Nuclear weapons are clearly sin. They are bigger than profit. And even though the verse "Its damage is greater than its benefit (Al-Baqarah, 219) is about "wine and miser", it can be applied to any case in which the sin is greater. According to the "rule of minister" In other words, the "principle of the personal nature of punishment", the scope of punishment should not go beyond the scope of those who deserve it. Therefore, it is an example of the minister's rule.

The use of weapons of mass destruction in retaliation

One of the issues that can be discussed in the use of weapons of mass destruction is the authority of reciprocation, which is one of the bases of legitimate defense. Today, one of the most important topics in jurisprudence and international law is determining the limits and limitations of using weapons of mass destruction in the light of the rule of reciprocity. Although this rule breaks the principle of sanctity and governs it, its implementation should not cause harm to the third party and the party not involved in the war, so as to exclude confrontation from equality.

The Boundary of Reciprocity is Limited

For the permission to reciprocate, the verse of attack has been relied on. Although this verse refers to the permissibility of reciprocating, it cannot achieve the necessity of similarity in all components. Imam Khomeini believes that this verse does not indicate similarity in the amount of aggression and only refers to the principle of aggression. Because the acceptance of this matter requires that the noble verse also considers the similarity in the details of the war and it is clear that such a similarity is not possible in the war. Therefore, the noble verse has expressed the similarity in the principle of attack. As according to verse 40 of Surah Shura, it has also been said that the oppressed can retaliate against the oppressor and return the same amount of oppression to him for the injustice done to him. But there must be a balance between the enemy's aggression and countermeasures. While in weapons of mass destruction, there will be no proportionality between aggression and confrontation. Weapons of mass destruction cause the destruction of property and lives of civilians and the environment, and the proportion in the details of these disasters between the two aggressor and opposing groups seems unreasonable. Therefore, there is no justification for the permissibility of using weapons of mass destruction because of reciprocation .

Use of Weapons of Mass Destruction when it is Necessary

In Islamic jurisprudence, the necessity of emergency causes the change of the primary real commandment to the secondary one. In the war between Muslims and infidels, if the preservation of the principle of Islam or the Muslim population stops using any means, or if the enemy uses unconventional weapons, or if the Muslims know that if they do not use these types of weapons, the principle of the religion or the entire Muslim population will be destroyed. The example of necessity will be realized. The use of weapons of mass destruction in this assumption is the place of discussion.

Proponents of absolute use of equipment under the assumption of necessity

Regarding the quality of Jihad, several jurists have considered the criterion in war to be the preservation of Islam and the victory of Muslims. They have issued a fatwa on the use of any measure for the victory of Muslims. Mohaqqeq Helli is in the book of Sharia al-Islam stating that if victory is achieved through a method other than the introduction of poison , it is not possible, it is permissible. Additionally, killing children and women who help the infidels is also permissible in the case of emergency. Sheikh Tusi also considers it permissible, but rather obligatory, to use everything that is prohibited in the campaign,if it is necessary for the conquest of the Muslims. Fakhr al-Muhaqqiqin in Izah, Shams al-Din al-Hilli, Mohaqqeq Korki who writes: "The right to fight with all of us is permissible in the fate". Ibn Junayd and Allamah al-Hilli among other jurists believe in using any war tool in the assumption of stopping victory over it. Shahid Thani’s documentary on the sanctity of the use of poison is abhorrent and says: If the opening stops, it is obligatory ". Sahib of Riyadh also rejected the prohibition traditions. He considers the use of war weapons as permissible, but the use of poisons is prohibited even in the assumption of stopping victory over it. Seyyed Mohammad Hossein Fadlallah also considers the use of weapons of mass destruction as forbidden as the first and permissible as the second. This title is the stopping of the victory over the enemy and repelling their domination, which is realized with the discretion of the commander and after consulting the experts. This literature shows the principle of sovereignty and the necessity of Muslims to dominate the infidels by using unconventional methods of Jihad. At least in the assumption of emergency, it has been mentioned among the jurists.

Opponents of the use of unconventional weapons even under the assumption of necessity

The most important reason for the authenticity of this statement is the narration of Imam Sadiq (PBUH): "The authority of the people of Madinah is the city of war. Is it permissible to send fire or burn them with fire or throw them with grenades until they are killed, including women and children, Sheikh Al-Kabeer, and Al-Usra from Muslims and merchants?" ? He said: "I will do it to him": The pronunciation of this narration indicates the permissibility of killing civilians, and its application indicates the permissibility of using non-conventional weapons. But in this document, Qasim bin Mohammad is an unknown person. Sulaiman bin Davoud Monqari and Hafs bin Ghiyath have also been weakened by some Shiite rulers. Mohammad Javad Fadel Lankarani believes that there is no rule that prescribes any action for the conquest and conquest of Muslims. Although in the words of the jurists there are interpretations such as "we stop against the conquest" which indicates the use of any war tools, considering the evidence, we come to the conclusion that there is no such rule. Because we have no reason that Muslims can or should do anything to preserve Islam. Rather, the preservation of Islam has meaning within the circle of legitimate means, and it is not necessary to preserve Islam if it stops at killing thousands of infidel women and children.

Approaches and Views in Sunni jurisprudence

The issue of producing weapons of mass destruction and its use in Sunni thought is focused on whether the principle of communication between Muslims and infidels is in conflict (at war) or at peace. Accordingly, the opinions of Sunnis can be classified into two approaches: the originality of peace and the originality of war.

The principle of communication with infidels is war

The ancient Hanbali, Shafi'i, Hanafi and Maliki jurists believe that war is the principle of communication between Muslims and infidels. Therefore, as long as there is no such thing as "faith" and "trust" that causes peace, it is the duty of Muslims to fight. As a result, the preparation of Muslims to overcome disbelief even before the outbreak of war is necessary to the highest possible degree. According to it, acquiring and using any kind of weapons to overcome should be legitimate. Some consider the lack of equipping Muslims with new weapons in case the enemy acquires them as the cause of weakness and weakness of Islam and insists on the necessity of using them by referring to the verses of "اعتدا" and "تهلکه" and "اعدا ". This view the rule of sanctity to be exclusive to basic use and does not consider the permission of use to be necessarily limited to the occurrence of an emergency and the suspension of victory over the infidels.

The principle of communication with infidels is peace

Most of the late Sunni jurists and some of the early ones believe that the principle of communication between Muslims and infidels is peace. This group considers the war with the infidel to be conditional on the occurrence of "war" and not only "infidelity". Therefore, it considers the acquisition of any weapons conditional to the occurrence of war and for the purpose of defense. Therefore, according to this theory, the use of weapons of mass destruction is not legitimate. Rashid Rida, a Sunni commentator, based on the title of اعتدا in verse 194 of Surah Al-Baqarah, writes: "Starting a war, killing Muslim people, fighting civilians, like children and women, is abhorred and usurped by God." Dr. Wahbah al-Zuhayli contends that “ Using weapons of mass destruction is against the principles of mercy in Islam, but if this event is initiated by the enemy, Muslims are allowed to use this tool for confrontation and necessity and to repel aggression”. Others have also pointed to the division of weapons of mass destruction into two types, strategic and tactical. They have named weapons with a long range that can destroy a region or a country as strategic weapons, and weapons with a shorter range as tactical weapons. The production of weapons of the first type with the purpose of deterrence is allowed and its use is only legitimate for countermeasures, but the production and use of the second type is absolutely permissible. The overlooked point in this division is that perhaps the weapons Mass killings have a low range and are not subject to the definition of the second type.

Study References

Template:Main The main references of this subject in Shiite jurisprudence are as follows:

• Al-Aslaha Al-Damar Al-Shamel and the position of Islamic jurisprudence: a comparative study, Adel Mosa Avaz.
• Jurisprudential analysis of the sanctity of using weapons of mass destruction, Gholamreza Arefian and Mohammad Reza Olyaei.
• Jurisprudence of al-Bay'ah and comprehensive weaponry: An introduction to the first jurisprudential approach, Heydar Haballah.
• Nuclear Jurisprudence, by Abolqasem Alidoust.

The main references of this subject in Sunni jurisprudence are as follows:

• Weapons and methods used and prohibited means in war: Al-Aslaha Al-Damar Al-Shamel, Wahaba bin Mohammad al-Zahili.
• Non-traditional weapons in Islamic jurisprudence, Mahmoud Ebrahim Abd Al-Rahman Shahab.
• Weapons of mass destruction and rules in Islamic jurisprudence, Abdul Majid Mahmoud Al Salahin.
• Al-Aslaha al-Navi: A comparative study between Islamic jurisprudence and nations’ laws, Yasen Abdul Latif Abdul Halim Mohammad.

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