Rules of Humanitarian Fiqh (An Introduction to the Fiqh of Civilization) (book)
Rules of Humanitarian Fiqh is a Persian book that provides a jurisprudential examination of the impact of weapons of mass destruction on the environment. The authors, Mohammad Lorinejad and Sayyid Mohsen Qa'emi Kharq, argue that Islam in no way permits the production, storage, use, or trade of weapons of mass destruction. To prove their claim, they cite various jurisprudential maxims in two sections. According to the authors' view, the illegitimacy of using weapons of mass destruction can be directly inferred from maxims such as the no-harm rule, the rule of destruction, the rule of justice, and the rule of blocking the means. They have also extracted several rules that govern the issue of weapons of mass destruction, such as the prohibition of causing aversion to religion, the necessity of fulfilling covenants, the prohibition of terror, and the rule of *wizr* (bearing one's own burden).
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| Book Information | |
|---|---|
| Author | Mohammad Lorinejad and Sayyid Mohsen Qa'emi Kharq |
| Style | Reportorial-Analytical, Argumentative Fiqh |
| Language | Persian |
| Pages | 230 |
| Publication Information | |
| Publisher | Nashr-e Majd |
- Abstract
Brief Introduction and Structure of the Book
The book *Rules of Humanitarian Fiqh (An Introduction to the Fiqh of Civilization)*, written by Mohammad Lorinejad and Sayyid Mohsen Qa'emi Kharq, addresses the topic of weapons of mass destruction in three chapters. The book was published by Majd Publications in 1395 SH (c. 2016 CE).
In the first chapter, titled "Conceptual and Assertive Premises," the authors examine concepts such as fiqh, jurisprudential maxims and their distinction from usuli maxims, weapons of mass destruction (including nuclear, chemical, and biological weapons), and the environment (pp. 23-38). In this chapter, they also refer to the destructive effects of weapons of mass destruction and their legitimacy in the light of international law (pp. 39-46). At the end of the chapter, they discuss the general principles of environmental fiqh, its importance and status from an Islamic perspective, and the duties of Muslims towards the environment (pp. 47-54).
In the second chapter of the book, titled "Jurisprudential Requirements Regarding the Relationship between the Environment and Weapons of Mass Destruction," the authors, citing eleven jurisprudential maxims including the no-harm rule, the rule of destruction, the rule of enjoining good and forbidding evil, the rule of justice, the rule of blocking the means, and the rule of reciprocity, argue that the use, storage, production, and trade of weapons of mass destruction are prohibited. The third chapter of the book is dedicated to rules that govern the issue of weapons of mass destruction, such as: the prohibition of causing aversion to religion, the prohibition of terror, and the rule of *wizr*. At the end, they provide a summary and list appendices and sources.
The book is titled with the general name *Rules of Humanitarian Fiqh*, but in practice, it is limited to the relationship between weapons of mass destruction and the environment, with no indication of the book's content in the title. For this reason, at first glance, the title is misleading and may confuse the reader. The book also contains much verbosity in explaining the cited jurisprudential maxims, which is beyond its scope. For example, the authors have cited seventeen maxims in the book, and in the discussion of each maxim, they have elaborated so extensively on the meaning and evidence of the maxim that it seems the book's subject is these maxims themselves, with only a short section dedicated to applying the maxim to the topic under discussion.
Prohibition of the Production, Storage, and Sale of Weapons of Mass Destruction
The authors of the book prohibit the production, storage, sale, and use of weapons of mass destruction, including nuclear weapons. Citing a narration from the Prophet (s) regarding the prohibition of using poison in the lands of polytheists, they also argue for the prohibition of the widespread use of chemical weapons.
In the authors' belief, the use of nuclear weapons is in no way permissible due to their very wide range of killing and destruction. However, they believe that the intimidation and frightening of the enemy, which is the goal of the preparation commanded in Quran 8:60, is achieved by possessing nuclear knowledge and there is no need to build nuclear weapons. The authors do not consider the divine command for readiness to confront the enemy as a valid reason for building nuclear weapons, because they believe that readiness must be achieved through a legitimate and permissible process, and a nuclear weapon that destroys a group of innocent people is not legitimate and permissible. Regarding chemical weapons, they say that although some jurists have permitted their use against the polytheist enemy's military, their use in residential areas is forbidden due to the killing of non-combatants. According to the authors' claim, regarding the use of chemical weapons in the residential areas of polytheists, although most Imami jurists hold it to be prohibited, some, like Shahid al-Awwal and Allama al-Hilli, consider it reprehensible (*makruh*) (pp. 47-64).
Jurisprudential Maxims Indicating the Illegitimacy of Weapons of Mass Destruction
In the second chapter, the authors present the most important jurisprudential maxims concerning the issue of weapons of mass destruction. For each maxim, they first examine its linguistic and technical meaning and its evidence, and then apply the maxim to the topic under discussion:
- The No-Harm Rule (*Qa'idat La Darar*)
According to the no-harm rule, any legislation or individual and social behavior that leads to harm to society and individuals is not legitimate. Therefore, weapons of mass destruction, which cause harm to the environment (human, animal, plant, objects, etc.), are prohibited. According to the authors, in the thought of an Islamic government, the production and use of these weapons are illegitimate due to their great harm to the environment, even in war with infidels and enemies (pp. 69-79).
- The Rule of Striving for Corruption on Earth (*Qa'idat al-Sa'y 'ala al-Fasad fi al-Ard*)
Citing Quran 28:77, the authors provide evidence for the rule of striving for corruption on earth and believe that the corruption mentioned in this verse is legislative corruption created by human hands. According to this rule, humans should not behave in a way that causes the destruction of their environment (progeny and tillage). They consider the use of weapons of mass destruction to be an instance of the rule of striving for corruption on earth (pp. 80-83).
- The Rule of Destruction (*Qa'idat al-Itlaf*)
According to the rule of destruction, whoever damages the environment by using weapons of mass destruction, including nuclear weapons, is liable and must provide compensation. Citing the generality of the word "corruption" in Quran 7:85, the authors believe that any creation of corruption on earth and damage to public and private property, which is also caused by the use of weapons of mass destruction and nuclear weapons, must be compensated for by the one who caused the damage (pp. 84-89).
- The Rule of Blocking the Means (*Qa'idat Sadd al-Dhara'i'*)
According to the rule of blocking the means, the authors believe that preserving the environment is one of the objectives of the Shari'a, and preserving these objectives is obligatory, while violating them is forbidden. In their belief, the use of weapons of mass destruction leads to the violation of the Lawgiver's purpose in preserving the environment; therefore, the use of this type of weapon is forbidden (pp. 99-107).
- The Rule of the Prohibition of Aiding in Sin (*Qa'idat Hurmat al-I'anah 'ala al-Ithm*)
The rule of the prohibition of aiding in sin and aggression is another rule cited by the authors for the prohibition of weapons of mass destruction. According to the authors, weapons of mass destruction are prohibited both because of the nature of the commodity itself and because the buyer might use them for anti-humanitarian purposes. They consider those who strive to destroy the environment to be enemies of religion, and based on the prohibition of selling weapons to the enemies of religion and the prohibition of aiding in sin and aggression, they forbid the sale of weapons to this group (pp. 121-130).
- The Rule of Reciprocity (*Qa'idat al-Muqabalah bi-l-Mithl*)
In the authors' belief, it is not possible to observe likeness in retaliation when using weapons of mass destruction; therefore, their use is prohibited according to the rule of reciprocity. The authors believe that the use of weapons of mass destruction is not permissible either as an initial use or as retaliation, because in both cases, it also harms the environment and innocent people (pp. 131-139).
- Other Rules
The authors have cited several other rules for the illegitimacy of using weapons of mass destruction, including the rule of enjoining good and forbidding evil, which considers the production and use of nuclear weapons to be clear instances of evil (pp. 90-94); the rule of justice, which considers weapons of mass destruction to cause the environment to lose its state of equilibrium (pp. 95-98); the rule of expediency (pp. 108-111); the rule of preserving the sanctity of the soul, which also includes the soul present in the environment (pp. 112-120); and the rule of "repelling harm takes precedence over acquiring benefit," according to which the use of weapons of mass destruction is considered a clear instance of harm, and repelling it takes precedence over other benefits (pp. 140-144).
Rules Governing the Use, Production, and Trade of Weapons of Mass Destruction
In the third chapter of the book, the authors discuss six rules that govern the issue of weapons of mass destruction. As in the second chapter, they first address the meaning and concept of the rule and its evidence, and then apply the rule to the topic under discussion.
- The Rule of the Prohibition of Causing Aversion to Religion (*Qa'idat Hurmat al-Tanfir min al-Din*)
According to the rule of the prohibition of causing aversion to religion, the use and storage of weapons of mass destruction by Islamic countries are prohibited because it presents an ugly and unpleasant image of Islam to the world and causes their aversion to Islam (pp. 147-149).
- The Rule of the Necessity of Fulfilling Covenants (*Qa'idat Luzum al-Wafa' bi-l-'Ahd*)
By the requirement of the rule of the necessity of fulfilling covenants and the importance of world peace, Islam attaches extraordinary legal value to international contracts and treaties and considers itself obliged to fulfill contracts that stipulate the prohibition of weapons of mass destruction (pp. 150-161).
- The Rule of *Wizr* (*Qa'idat al-Wizr*)
The content of the rule of *wizr* is that no one bears the burden of another's sin, and everyone is responsible for their own wrongdoing. Therefore, according to this rule, one cannot, for the sake of punishing a few sinners, destroy many innocent people by using weapons of mass destruction (pp. 162-167).
- The Rule of the Prohibition of Terror (*Qa'idat Hurmat al-Irhab*)
The authors describe the terror resulting from weapons of mass destruction as advanced terror, which leads to the destruction of a large number of people, and the term "terror" applies to each and every one of them. They believe that the principle of the prohibition of targeting non-combatants must prevail; therefore, in Islam, killing women, children, the elderly, farmers, etc., is forbidden. The authors believe that to achieve victory, killing and terrorizing military and non-military personnel is in no way permissible and is prohibited according to the rule of the prohibition of terror (pp. 168-189).
- The Rule of the Correlation between the Judgment of Reason and the Shari'a (*Qa'idat Mulazamat Hukm al-'Aql wa-l-Shar'*)
According to the rule "Whatever reason judges, the Shari'a also judges," human reason deems the use of nuclear weapons, which destroy all civilization, to be abhorrent. In contrast, the primary requirement of the goals of Islam is peace and conciliation, and its stance on war and conflict is secondary and subsidiary. Therefore, the judgment of reason regarding the prohibition of using weapons of mass destruction is also confirmed by the Shari'a (pp. 190-195).
- The Rule of the Prohibition of Excess in Killing (*Qa'idat Hurmat al-Israf fi al-Qatl*)
According to the rule of the prohibition of excess in killing, shedding the blood of an innocent person is excess in killing and a transgression of divine limits, and one of the instances of excess is the use of weapons of mass destruction, which will cause the death of innocent people (pp. 196-198).