Nuclear Energy from the Perspective of Imami Fiqh (Book)
| Nuclear Energy from the Perspective of Imami Fiqh | |
|---|---|
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| Book Information | |
| Author | Mohammad Javad Heydarian Dowlatabadi |
| Subject | Nuclear Energy |
| Language | Persian |
| Pages | 218 |
| Publication Information | |
| Publisher | Chatr-e Danesh |
- Abstract
Nuclear Energy from the Perspective of Imami Fiqh (انرژی هستهای از منظر فقه امامیه) is a book examining the jurisprudential dimensions of producing and utilizing nuclear energy. Mohammad Javad Heydarian Dowlatabadi authored this book in Persian in four chapters. In this book, he investigates the jurisprudential maxims (qawa'id fiqhiyyah) cited for the permissibility of the peaceful use of nuclear energy, the maxims prohibiting the production and use of nuclear weapons, and the maxims of liability (daman) and civil responsibility concerning the use of nuclear energy.
In the third chapter, by citing the Maxim of the Negation of Domination (nafy al-sabil), the preliminary of an obligatory act (muqaddamat al-wajib), and expediency (maslahah), the author advocates for the permissibility of the peaceful production and use of nuclear energy. In his view, according to the Maxim of the Negation of Domination, this energy will play an important role in the empowerment of Muslims and in preventing the domination of disbelievers (kuffar). Also, according to him, based on the maxim of the preliminary of an obligatory act, securing energy through nuclear energy is introduced as a way to provide welfare for the Islamic society. Ultimately, the author states that in the contemporary era, the Guardian Jurist (Wali al-Faqih) can, based on the Maxim of Expediency, deem the production of nuclear energy essential, and this ruling is binding for everyone.
In the fourth chapter, relying on maxims such as the Maxim of Burden (qa'idat al-wizr), the principle of fulfilling covenants (wafa' bi al-'ahd), the Maxim of Compulsion (ilzam), and the maxim of the prohibition of terror, the author believes in the prohibition of using nuclear weapons. According to him, the use of nuclear weapons leads to the killing of innocent human beings, which is prohibited according to the Maxim of Burden. By citing the necessity of fulfilling covenants in international treaties such as the NPT, he does not consider the production of nuclear weapons permissible from a jurisprudential viewpoint. The author also, by citing narrations on the prohibition of using poison in war and comparing it with nuclear weapons, advocates for the prohibition of such weapons. The maxim of the prohibition of terror also serves as the author's documentary evidence for the prohibition of using weapons of mass destruction, as he considers it an advanced form of terror. The maxim of the obligation to repel probable harm (wujub daf' al-darar al-muhtamal) is also raised by him, concluding its prohibition due to the dangerous consequences of using nuclear weapons.
The author also believes, by citing the Maxim of Destruction (itlaf) and Causation (tasbib), that any damage resulting from the peaceful use of nuclear energy must be compensated by the user to the injured party.
Overview and Structure of the Book
Nuclear Energy from the Perspective of Imami Fiqh is a Persian book concerning the production and use of nuclear energy, authored in four chapters by Mohammad Javad Heydarian Dowlatabadi and published in 2019 (1398 SH) by Chatr-e Danesh Publications.
In the first chapter, the author elucidates the concept of nuclear energy, its history in Iran and the world, the importance of this energy, and the economic, social, and environmental considerations related to it (pp. 13-23). The second chapter of the book is dedicated to the various applications of nuclear energy, including electricity generation, use in the medical and health sectors, veterinary medicine, animal husbandry, agriculture, water resources management, and industry (pp. 30-48). In this chapter, the author also examines the jurisprudential requirements for employing nuclear energy in various fields and, by citing the Maxim of Destruction (itlaf) and the Maxim of Causation (tasbib), provides documentary evidence for Sharia liability (daman) and civil responsibility regarding damages arising from this energy (pp. 49-62).
The third chapter of the book investigates the jurisprudential reasons for the permissibility of the production and peaceful use of nuclear energy. In this chapter, the author examines the role of maxims such as the Negation of Domination (nafy al-sabil) (pp. 67-86), the preliminary of an obligatory act (muqaddamat al-wajib) (pp. 87-110), and expediency (maslahah) in legitimizing the peaceful production and use of nuclear energy (pp. 110-144). In the fourth chapter, the author expounds upon the jurisprudential foundations and maxims regarding the prohibition of using nuclear weapons. In this chapter, he examines the Maxim of Burden (wizr) (pp. 146-151), the principle of fulfilling covenants (p. 154), the principle of not imposing the religion of Islam on others (p. 162), and the Maxim of Compulsion (ilzam) (p. 163). Furthermore, he elucidates the viewpoints of jurists (fuqaha) concerning incendiary weapons (p. 175), the prohibition of terror (p. 176), the prohibition of assassination (ightiyal) (p. 182), the prohibition of transgression (ta'addi) (p. 183), and the Maxim of the obligation to repel probable harm (p. 189).
Evidences for the Permissibility of Producing Nuclear Energy
In the third chapter, the author examines the jurisprudential maxims (qawa'id fiqhiyyah) cited for the permissibility of producing peaceful nuclear energy (p. 67).
Maxim of the Negation of Domination (Nafy al-Sabil)
In the author's belief, powerful countries are those that are more advanced in the field of modern sciences and technologies, including the use of peaceful nuclear energy, and this very factor will lead to playing an effective role in the world. He believes that, based on the Maxim of the Negation of Domination, obtaining and peacefully utilizing nuclear energy is a necessity today; because it aids the empowerment and stability of Muslim countries (p. 67). The author also believes that there is a reciprocal relationship between the Maxim of the Negation of Domination and the production of nuclear energy; because producing peaceful nuclear energy prevents the domination and supremacy of enemies over Muslims (pp. 83-86).
Maxim of the Preliminary of an Obligatory Act (Muqaddamat al-Wajib)
To permit, or even mandate, obtaining peaceful nuclear energy technology, the author also utilizes the Maxim of the preliminary of an obligatory act (p. 87). In this regard, he emphasizes that one of the fundamental duties of governments is striving to secure the welfare and comfort of the people; a welfare and comfort that is defined in every era according to the conditions of that time. In his belief, in the present age, one of the main indicators of welfare is securing energy, and given the ever-increasing depletion of fossil fuel resources, the high costs of extraction, and the resulting environmental damages, human societies are compelled to replace these resources. The author believes that nuclear energy, as one of the cleanest, most economical, and most efficient energy sources, has the capability to replace fossil fuels. Therefore, from the perspective of the maxim of the preliminary of an obligatory act, it is obligatory upon the Islamic ruler to strive for the production of nuclear energy so that through it, the welfare and comfort of the Islamic community (ummah) are secured (pp. 109-110).
Maxim of Expediency (Maslahah)
Another maxim cited by the author to legitimize peaceful nuclear activities is the Maxim of Expediency (p. 110). This maxim is applied in situations where an issue lacks a definitive ruling of obligation or prohibition, but the Islamic ruler, considering the expediencies, declares that issue obligatory or prohibited (p. 111). He examines several methods for discerning expediency, including: benefit (p. 125), necessity (p. 126), the number of individuals in the society (p. 128), effectiveness (p. 130), harmony with the objectives of Sharia (maqasid al-shari'ah) (p. 132), and observing the rule of the more important over the important (al-ahamm wa al-muhimm) (p. 134). The author believes that expediency finds meaning in conditions of conflict and emergency, and is used to solve a problem and prefer some rulings over others. Also, expediency is implemented when both sides of the matter possess importance and combining them is impossible; however, in cases where the two sides do not have much importance, the Maxim of Expediency is not applied (p. 117).
Based on the parameters established for implementing the Maxim of Expediency, the author emphasizes that to implement this maxim in the field of peaceful nuclear energy, one must refer to a jurist (faqih), because a contrary ruling might have been issued by the Lawgiver (Shari') in matters other than independent rational judgments (mustaqillat 'aqliyyah). Therefore, it is essential for a non-jurist to refer to a jurist in these cases (pp. 118 and 120-123). In his belief, in the contemporary era, the fully qualified Guardian Jurist (Wali al-Faqih), as the ruler of the society, can, based on certain expediencies, deem the production of peaceful nuclear energy a necessary and essential matter, and it is obligatory upon everyone to follow him (p. 144).
Prohibition of Using Nuclear Weapons
The use of unconventional weapons such as nuclear, biological, and chemical weapons has been declared forbidden (haram) in Islam. By stating this jurisprudential ruling, the author mentions the maxims and reasons by which one can elucidate the jurisprudential foundations for the prohibition of using nuclear weapons (p. 145).
Maxim of Burden (Wizr)
One of the maxims that the author believes can be used to prove the prohibition of the production and use of nuclear weapons is the Maxim of Burden. According to him, based on this maxim, killing innocent human beings due to the sins of some wrongdoers is not permissible, whereas by using such weapons, many innocent individuals will be killed. This maxim has not been posited independently in the works of past and later scholars; but whenever it has been utilized, it has relied on Verse 164 of Surah al-An'am, namely "and no bearer of burdens will bear the burden of another" (wa la taziru waziratun wizra ukhra) (pp. 146-151).
Maxim of Fulfilling Covenants
Pointing to the Principle of fulfilling covenants, the author believes that a commitment is a kind of binding contract that is highly emphasized in Islam and is considered a foundation for peaceful international relations (p. 154). By citing the conduct (sirah) of the Messenger of God (s) in adhering to his covenant with the disbelievers of Quraysh (p. 155) and Imam Ali's (a) faithfulness to his pacts (p. 156), he states that, based on certain international laws and the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), countries are committed not to produce these weapons; therefore, considering the principle of the necessity of fulfilling covenants, the production of nuclear weapons is forbidden from the perspective of Islamic jurisprudence (p. 157). According to the author, observing ethical principles in war from the perspective of Islam is a certain and undeniable matter. Based on this, Muslims are not permitted to commit just any act during wartime (p. 157).
Maxim of Compulsion (Ilzam)
In the author's belief, one of the maxims cited for the prohibition of using nuclear weapons is the Maxim of Compulsion. He believes that the prohibition of using these weapons can be proven by citing the prohibition of using poison in war. In the author's view, although chemical, biological, and nuclear weapons did not exist during the time of the Prophet (s) and the Imams (a), from the stance of the Ahl al-Bayt (a) regarding the use of poison in war, this ruling can be generalized to today's unconventional weapons, and their use can be considered forbidden (p. 168). According to the author's opinion, although there are numerous narrations concerning the prohibition of using poison in war, the primary criterion for this prohibition is the unconventional nature of the weapon and the mass killing resulting from it. Therefore, in the contemporary era, nuclear, biological, and chemical weapons also possess these two characteristics: firstly, they are unconventional, and secondly, they cause the widespread killing of innocent individuals; hence, their use is not permissible (p. 169).
The author points out that many jurists, including Shaykh al-Tusi, Ibn Idris, Muhaqqiq al-Thani, al-Shahid al-Awwal, al-Shahid al-Thani, Allamah al-Hilli, and the author of *Jawahir*, based on these narrations, have declared the use of poison and unconventional weapons forbidden, both in war and outside of war (pp. 170-172). Additionally, many contemporary sources of emulation (maraji' al-taqlid), including the Supreme Leader and Ayatollah Makarem Shirazi, have deemed the use of unconventional weapons of war, such as nuclear, biological, and chemical weapons, to be forbidden (p. 173).
Prohibition of Using Incendiary Weapons
According to Heydarian, among the reasons by which the use of nuclear weapons can be deemed forbidden are narrations in which the use of incendiary weapons has been explicitly prohibited. Based on this, considering these narrations, one can conclude that the use of atomic and nuclear weapons, which today cause widespread fires in the environment, is forbidden (p. 174). He also refers to some opinions of Shia jurists such as Muhaqqiq al-Hilli and Muhaqqiq al-Thani, and believes that according to narrations and the edicts (fatawa) of jurists, the use of unconventional armaments in war is forbidden, because these armaments are recognized as instances of incendiary weapons (p. 175).
Maxim of the Prohibition of Terror
According to the author, narrations prohibiting the terrorizing of individuals in non-war conditions can be among the reasons cited for the prohibition of using tools of mass destruction such as nuclear weapons. He states that the use of tools of mass destruction in the contemporary era is considered an advanced form of terror; therefore, it is covered by the evidences of prohibition (pp. 176-187). The author subsequently considers assassination (ightiyal) to be like terror, which is prohibited in war (p. 182).
The author also concludes from the maxim of the prohibition of transgression (ta'addi) that the excessive use of unconventional tools that cause mass killing is forbidden; beyond this, based on numerous verses and narrations, he believes that the use of these tools is considered forbidden both in war and outside of war (p. 183). In this context, Heydarian points to some Shia and Sunni narrations that confirm the prohibition of aggression (pp. 177-186). Furthermore, the viewpoints of some Shia jurists regarding the use of tools of war that lead to mass killing are mentioned subsequently (p. 188).
Maxim of the Obligation to Repel Probable Harm
According to the author, based on the Maxim of the obligation to repel probable harm, the use of nuclear weapons is not permissible; because employing these weapons causes others to rise in retaliation, resulting in the killing of innocent individuals. Therefore, to prevent the occurrence of these wars and the casualties arising from them, the use of nuclear weapons and mass killing is unauthorized (pp. 189-190).
Liability (Daman) and Civil Responsibility in the Use of Nuclear Energy
In a part of the second chapter of the book, the author raises the issue of the potential harms of using nuclear energy and the resulting damages to the human and non-human environment. By citing maxims such as the Maxim of Destruction (itlaf) and the Maxim of Causation (tasbib), he advocates for Sharia liability (daman) and justifies the civil responsibility of utilizing peaceful nuclear energy in Islam (p. 48).
Maxim of Destruction (Itlaf)
Pointing to the opinion of jurists who cite the Maxim of Destruction to prove Sharia liability and civil responsibility, the author believes this maxim can also be cited in the field of peaceful nuclear energy. To explain how to cite the Maxim of Destruction to justify the legitimacy of Sharia liability and civil responsibility in the use of peaceful nuclear energy, he points to several points in this regard:
- Based on verses, narrations, and the judgment of intellect, the life, property, honor, and reputation of all human beings are respected, and no one can violate them without a Sharia reason (pp. 49-50). In addition to human property, environmental elements such as water, soil, and air are also respected, because these elements are essential and vital for the continuation of human life; therefore, any violation, destruction, or pollution of them is not permissible, and if damage occurs, it must be compensated (p. 57). Also, environmental resources and elements are considered part of public wealth and properties, and are at the disposal of the state; therefore, personal disposal of these resources without the permission of the Imam is not permissible, and in the event of such disposal, the individual is recognized as a sinner and a usurper (ghasib). On this basis, according to the Maxim of Destruction, anyone who causes damage to these public properties is liable and obliged to compensate for the damage (p. 58).
- Objects and resources that do not have a specific owner, meaning they are neither private property nor state property, are free for the use of the general public. No one has the right to deprive people of exploiting these environmental resources, because such deprivation might cause harms that have been negated based on the Maxim of No Harm (la darar) (p. 59). Some jurists believe that if someone damages these resources (which are neither private nor state property), they are not liable, although they are a sinner; however, another group of jurists believes that the individual in such cases, in addition to being a sinner, will also be liable. By citing the Maxim of Destruction, one can advocate that a thing being owned is not essential for the realization of liability; for this reason, damaging unowned elements and objects will also cause liability and civil responsibility, even if this damage was not done intentionally or voluntarily; because in the Maxim of Destruction, the existence of intent and volition regarding destruction and harming others is not a condition (p. 60).
- Some believe the Maxim of Destruction is specific to property and cannot be generalized to non-property. However, the majority of Shia and Sunni jurists have considered "respect for property" as the criterion for liability. Thus, this criterion can also be extended to non-property. Based on this, every human being possesses rights such as the right to life, the right to health, the right to have a healthy environment, and the right to mental and psychological tranquility, and violating these rights and damaging them brings about harms for the rights holders; therefore, the one who wastes these rights will be responsible and liable. Hence, there should be no doubt in citing the Maxim of Destruction in non-financial rights as well (p. 61).
Maxim of Causation (Tasbib)
According to the author, many jurists consider the Maxim of Causation an instance of the Maxim of Destruction; with the difference, of course, that it causes damage indirectly. Based on this, any act issued from a sane and autonomous individual that causes harm to the property or life of Muslims, rationally and customarily, holds the individual responsible (p. 62). According to the author, this maxim does not only include financial damages; rather, it encompasses bodily harms as well. For example, if an individual in an environment with nuclear medical activities suffers harm caused by radioactive materials, the employer is obliged to compensate for the inflicted damage according to the judge's opinion (p. 64).
The author also points out that if a lack of timely action by individuals, institutions, or responsible organizations causes the destruction or pollution of environmental elements (such as the inappropriate use of nuclear energy) and this causes damage to the human and natural environment, according to the Maxim of Causation, the responsibility for compensation will rest upon the cause (musabbib). Furthermore, individuals who do not observe the necessary precautions in using nuclear energy and cause damage to persons or the environment will be responsible for compensating the damage (p. 66).