Jurisprudence of Nuclear Weapons (book)

Author: Amir Abbasi Qaleshahi

• abstract

Jurisprudence of nuclear weapons (Book) (in persian: فقه هسته‌ای (کتاب)) is a book in Persian consisting of 10 articles on the jurisprudence of the sanctity of producing and using nuclear weapons. The content of the book was presented at the jurisprudence of nuclear weapons conference held in Tehran and Qom in 2013. Some of the authors of the articles in the book are as follows: Mohammad Javad Fazel Lankarani, Abolqasem Alidoust, Mahmoud Hekmatnia, Naser Qorbannia, Davoud Feyrahi and Seyyed Sajjad Izadhey. In their article by rejecting the expediency or dissimulation of Seyyed Ali Khamenei's fatwa in prohibiting the use of nuclear weapons, Abolqasem Alidoust and Farhad Shahabi considered it as the primary ruling and devoid of temporary and variable expediency. By referring to the jurisprudential rules that may be invoked in order not to prohibit the use of nuclear weapons, the authors have criticized the use of these rules: criticism of the application of the rule " Anything that leads to victory is permissible " by Mohammad Javad Fazel Lankarani and Naser Gorbania, as well as criticism of the reference to the rule of reciprocity, by Seyyed Sajjad Izadhey and Abolhassan Hassani. Furthermore, relying on the purposes of the Sharia, Abolqasem Alidoust concluded that God's purpose in sending prophets was to improve the condition of his servants, and such a purpose cannot be achieved by the use of weapons of mass destruction. Additionally, many verses of the Qur'an and the traditions of the innocents have been cited in order to explain the prohibition of the production and use of nuclear weapons. Also, the references to verses and traditions used as a reason for the production and application of these weapons have been reviewed and criticized such as verses that refer to the sanctity of corruption and the killing of innocents, or recommending peace, the sanctity of transgression and the prohibition of retaliation, as well as the traditions indicating the prohibition of assaulting civilians, the prohibition of methods such as setting fire, and the sanctity of pouring poison into the water used by enemy.

Introduction

The book of jurisprudence of nuclear weapons is a collection of articles and lectures compiled by Abolqasem Alidoust and published by the Islamic Culture and Thought Research Center in 2017 in 400 pages. The book contains the text of two messages, two speeches and 10 articles. All of them were presented in the jurisprudence of nuclear weapons conference that was held on Bahman 30th and March 1st , 2013 in Tehran and Qom, in cooperation with the Atomic Energy Organization of Iran and the Research Institute of Islamic Culture and Thought. Most of the articles refer to the explanation of jurisprudential and legal documents of Seyyed Ali Khamenei's fatwa, the leader of the Islamic Republic of Iran, regarding the embargo on the production and use of non-conventional weapons, including nuclear weapons. The mentioned documents are: Qur'anic verses, hadiths and traditions of the Imams (innocents), the verdict of reason and the consensus of jurists. In this regard, the opinions of past and recent jurists have also been expressed.

Structure

The book consists of an introduction, messages and speeches, and articles. In the introduction, the main points of the jurisprudence of nuclear weapons conference, including the opinions of the leadership, the statement of supporting documents, the genealogy of the theory, the comparison of the requirements of fatwa and the requirements of commitment, and a brief report of the articles have been discussed. The first part of the book includes the message of Abdollah Javadi Amoli and Jafar Sobhani, as well as the text of the speech of Ali Akbar Rashad, the head of the Islamic Culture and Thought Research Institute, and Ali Akbar Salehi, the head of the Atomic Energy Organization. The second and main part of the book includes 10 articles by different authors, focusing on the review of the jurisprudential ruling prohibiting the production, accumulation and use of weapons of mass destruction, including nuclear weapons.

Articles and Authors

The titles of the articles and authors are as follows respectively:

• Production and use of weapons of mass destruction from the perspective of Islamic jurisprudence, Mohammad Javad Fazel Lankarani
• The jurisprudence of the production, accumulation and use of non-conventional weapons with the focus of Imami jurisprudence, Abolqasem Alidoust
• Weapons of mass destruction and juridical foundations of their prohibition, Mahmoud Hekmatnia
• Absolute prohibition of the use of nuclear weapons, Nasser Gorbania
• The concept of war and military ethics in Shiite Islam, Davoud Feyrahi
• Banning the use of weapons of mass destruction, Seyyed Sajjad Izadhey
• A jurisprudential discussion about nuclear weapons, Abolhassan Hassani
• Fatwa prohibiting the production and use of weapons of mass destruction, Farhad Shahabi Sirjani
• Prohibiting the use of weapons of mass destruction from the point of view of jurisprudence, Hossein Ali Yazdani
• Prohibition of producing weapons of mass destruction in Islamic jurisprudence: Investigating the non-deterrence of nuclear weapons, Alireza Davoudi Limoni and Behnam Khosravi.

Bases and Theoretical Background

Definitions and Features

In explaining the definitions of weapons of mass destruction, Mohammad Javad Fazel Lankarani points to four definitions and criteria: (a) unconventional weapons; (b) weapons that destroy civilians such as women, the elderly and children; (c) weapons that have a widespread and sometimes irreparable destructive effect on future generations and the environment; and (d) weapons that have a lot of destructive power (p. 73). According to him, atomic, chemical and microbial weapons are always examples of weapons of mass destruction (p. 74). Abolqasem Alidoust has also defined a weapon of mass destruction as a tool killing a large number of people without discrimination and in an unrestrained manner and causes a lot of damage to human-made structures or the environment (p. 105). Such definitions can also be seen in the articles of Seyyed Sajjad Izadhey (p. 244-245), Abolhassan Hassani (p. 283) and Hossein Ali Yazdani (p. 331-332). Acknowledging that "weapon of mass destruction" is not a legal title, Mahmoud Hekmatnia has examined its various features including unconventional weapons, causing great damage, mass killing and high destructive power, nuclear, biological and chemical weapons, and creating radioactive pollution. He has also paid attention to the element of the will of the users, the degree of realization of the result and destruction based on their will (pp. 131-136). In their article, Alireza Davoudi and Behnam Khosravi stated the theory of those who believe in the deterrence of nuclear weapons and believe that it creates the security of the countries that have weapons and thus the security of the world (p. 364). It is not a deterrent and threatens the security of the world: (a) expanding the arms race and spreading it to the whole world; (b) increasing economic costs; (c) the rise of nuclear terrorism; and (d) internal ambivalence and fear of making mistakes in decision-making (pp. 365-368).

Rejection of expediency and dissimulation the fatwa banning nuclear weapons

Abolqasem Alidoust and Farhad Shahabi pointed to opinions that Seyyed Ali Khamenei's fatwa on the prohibition of nuclear weapons is based on expediency or dissimulation, and rejected these two aspects and called the said fatwa the primary ruling. Alidoust has emphasized that the fatwa of the leader of the Islamic Republic of Iran on the prohibition of nuclear weapons is not a governmental decree arising from temporary expediency, but an eternal divine decree that is not subject to any temporary or changing expediency, and considering it as a governmental decree is due to ignorance of jurisprudence and mixing. He has considered the ruling of the government with a social fatwa to be invalid (pp. 116-118). Moreover, he talked about the claim of dissimulation of the said ruling. First by stating the grounds of dissimulation in the history of Shiism and the pressure of non-Islamic and non-Shiite governments and groups, he believed that these grounds do not exist regarding the ban on the use of weapons of mass destruction. From his point of view, the ruling of dissimulation has no Quranic and narrative documentation, while there are many verses and hadiths on this issue. He also contended that although the production of non-conventional weapons requires extensive scientific and non-scientific activities, it is not possible to apply dissimulation about it (pp. 121-118). Farhad Shahabi is also of the opinion that the fatwa banning nuclear weapons is the primary Islamic commandment and has nothing to do with expediency or dissimulation and is a permanent ruling (p. 316). He also said that none of the high-ranking Shiite scholars in Iran and the world have commented on rejecting the said fatwa or on the contrary (p. 318).

Jurisprudential Foundations

In the various articles of the book, different jurisprudential bases have been applied to reject the use of weapons of mass destruction:

• Purposes of the Sharia: In his review of the documents regarding the decree of non-conventional weapons, Abolqasem Alidoust discussed the purposes of the Sharia and concluded that based on dozens of verses from the Qur'an, the purpose of God in sending the prophets, the revelation of the heavenly books and the legislation of the laws is to improve the condition of the servants in communication with God and in connection with each other. So, he has stated that reform is never provided by corruption and the use of weapons of mass destruction (p. 113).
• Criticism of the principle of anything that leads to victory is permissible: Mohammad Javad Fazel Lankarani has put forward the opinion of Sahib Javaher, who believes that no jurist has opposed the rule of " anything that leads to victory is permissible ", and then he criticized and believes that such a general rule cannot be attributed to the jurists that whatever the victory depends on is permissible (p. 89-90). Also, Naser Gurbania criticized Saheb Javaher's use of the mentioned rule and his attempt to assume it based on verses and narrations, and it was concluded that such a rule cannot be obtained from verses and implicitly considered the narrations related to it to be invalid. He called conquest and victory in any form incompatible with some verses and traditions, as well as the biography of the Prophet (PBUH) and Imam Ali (PBUH) (p. 195-197).
• Criticism of reference to the rule of similitude: By referring to the verses of the Qur'an from which the rule of similitude is taken (Baqarah, 194; Nahl, 126; Shuri, 39-40), Seyyed Sajjad Izadhey asserts that from the general verse and hostility to the best of our ability, it is not possible to infer the use of weapons of mass destruction. Like many jurisprudential rules and generalities, he is also of the opinion that there are exceptions like the sanctity of war in the shrine (p. 273-275). Also, by referring to the verses of the Qur'an in this regard, Abolhassan Hassani states that the weapons of mass destruction that destroy the plow and the generation are specially outside the rule of countermeasures because the principle of personal punishment is accepted in the Islamic legal system (p. 297). According to him, even the rule of reciprocity has been assigned in many cases and the murderer who killed the victim by torture, revenge is prescribed only in the principle of murder, and torture is prohibited (p. 298).

Citing the verses of the Quran

In the book of nuclear jurisprudence, many verses of the Holy Quran have been examined in line with the sanctity and prohibition of the use of weapons of mass destruction, some of which refer to the sanctity of corruption and the killing of innocents, and others contain themes such as advice for peace, sanctity of transgression. The prohibition of confrontation is the same and verses from the Qur'an that are used to confirm the use of the aforementioned weapons have been examined. Relying on the verses of the Quran, most of the authors of the book of nuclear jurisprudence have considered the sanctity of using weapons of mass destruction. Among them, Abolqasem Alidoust and Abolhassan Hassani have deduced the sanctity of producing such weapons from the verses of the Quran. On the other hand, Mohammad Javad Fazel Lankarani has decided that the sanctity of producing weapons of mass destruction is not taken from the verses of the Quran. Abolqasem Alidoust prohibits the use of weapons of mass destruction by using verses 190 and 205 of Surah Al-Baqarah, as well as verses 2 and 8 of Surah Ma'edah. He also takes from the verses 26 and 27 of Surah Isra, the prohibition of the production and accumulation of these weapons (pp. 111-109). Nasser Gorbania also considers verses 190 and 205 of Al-Baqarah, and verses 8 and 32 of Ma'ida as the absolute prohibition of using nuclear weapons (p. 182-184). Seyyed Sajjad Izadhey has concluded the sanctity of using weapons of mass destruction by referring to verses 32 of Surah Ma'edah and 205 of Surah Al-Baqarah (p. 265-266). Abolhassan Hassani considers the meaning of the verse of the sanctity of extravagance in murder, the verses of the sanctity of killing unjustly and the verse of the sanctity of the destruction of plowing and generation as sufficient for the sanctity of making and using these weapons (pp. 283-285). In addition, he also the argued that the verses of the necessity of numbers and the permissibility of reciprocity are expressed in line with these issues and he tries to answer them (pp. 292-300). Also, Hossein Ali Yazdani has used the verses of attempting corruption, negation of war, and negation of aggression, in line with the prohibition of the use of weapons of mass destruction (p. 341-343). On the other hand, Mahmoud Hekmatnia considers the verses of countermeasures and consequences to be insufficient for the use of nuclear weapons (p. 159-154). However, Mohammad Javad Fazel Lankarani has decided that although the use of weapons of mass destruction is prohibited, its production alone is not prohibited. He considers the verses of the Quran that can be used in the discussion of weapons of mass destruction into two categories:

• The verses according to which Muslims should make their enemies afraid by strengthening their defense power. From these verses, he concludes the production and use of weapons of mass destruction.
• Verses that indicate the sanctity of corruption. Based on these verses, he concludes that corruption is forbidden and abhorrent.

In the general analysis of these two categories, Fazel Lankarani is of the opinion that the sanctity of producing weapons of mass destruction cannot be inferred from these verses, and only the sanctity of their use can be inferred from the linking of the verses of the first category with the verses of the second category. Because it causes corruption. He also emphasizes the sanctity of using weapons of mass destruction by relying on verses 190 and 194 of Surah Al-Baqarah (p. 77-85).

Citing traditions

In the discussion of weapons of mass destruction, a number of traditions have been cited as follows:

• Prohibition of attacking civilians (children, women, the elderly, the insane, and animals): Mohammad Javad Fazel Lankarani, Naser Gurbania, Davoud Feyrahi, and Hossein Ali Yazdani have asserted these traditions (p. 85-87, 185, 231, and 343). Fazel Lankarani mentioned a narration from the Prophet (PBUH) that it was forbidden to kill women and children, even in Dar al-Harb (p. 86). Also, Nasser Gorbania, referring to some of the hadiths, as well as the biography of the Prophet (PBUH), has emphasized that the Imamiyya jurists have considered the prohibition of killing women and children to be certain on this basis (p. 185).
• Prohibition of methods such as arson, even for military personnel: Mohammad Javad Fazel Lankarani said that weapons of mass destruction act much more severely than burning, relying on a narration from the Prophet (PBUH) in which it is forbidden to set fire to infidels. He also believes that we should use conventional tools in the use of war tools (p. 87).
• Prohibition and sanctity of pouring poison into the enemy's water: Abolqasem Alidoust, Mohammad Javad Fazel Lankarani, Naser Gorbania, Davoud Feyrahi, Seyyed Sajjad Izadhey and Hossein Ali Yazdani have benefited from these traditions (p. 87, 112, 186, 228, 267, and 333). However, jurists, including Saheb Javaher, based on the narration of Hafs bin Ghiyath - which is known as the narration of the catapult - have concluded that it is permissible to pour poison into the water used by the enemy and also to kill women, while in Hossein Ali Yazdani's article it is said that Sayyid Sadiq Rouhani has carried the traditions of permissibility over necessity and believes that the argument on permissibility is not absolutely correct. He also mentioned the opinion of Iraqi judges, according to which, the use of weapons such as fire and catapults is considered permissible in cases where the victory of the Muslims depends on it (p. 347-348). Mohammad Javad Fazel Lankarani and Naser Qorbania have also reviewed the mentioned traditions (pp. 92-97 and 191-194).