نوع مقاله : مقاله پژوهشی
نویسنده
سطح چهار حوزه علمیه، دکترای فقه از جامعة المصطفی، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Islamic Sharia is a system of rulings based on objective interests and benefits, which can be categorized into primary, secondary, and governmental rulings. In Islamic jurisprudence, the concept of defense extends beyond resistance against an actual attack and also encompasses deterrence, for which the Qur'anic verse, “And prepare against them whatever you are able of power … by which you may terrify the enemy of Allah and your enemy” (Qur'an 8:60), constitutes a principal textual basis. The development and use of nuclear weapons as weapons of mass destruction are prohibited under the primary ruling, based on the evidence establishing the prohibition of killing protected human life. Nevertheless, in circumstances in which global powers fail to abide by the laws of humanity and the existence of the Islamic state is threatened, the secondary principle of “preservation of the Islamic state”—regarded as one of the most obligatory duties—may provide the basis for a governmental ruling by the wali al-faqih (Islamic jurist with political authority) requiring the development and possession of nuclear weapons for the purpose of deterrence. Using a descriptive-analytical method and relying on Shi'a jurisprudential sources, this study first clarifies the concepts of Sharia, legal-religious ruling, expediency, and its various categories, and then examines the evidence concerning the prohibition and permissibility of nuclear weapons. It concludes that “defense in the sense of deterrence,” during the occultation of the Imam and under the authority of wilayat al-faqih, may constitute a secondary legal basis for developing nuclear weapons in order to safeguard the Islamic polity. Preserving the Islamic state, whose survival entails protecting the lives of numerous Muslims as well as the security and territorial integrity of Islamic lands, would therefore take precedence over the ordinary prohibition on the use of nuclear weapons. However, the study emphasizes that such permissibility or obligation concerns the stage of “development and possession for deterrence,” rather than offensive or first-use deployment. Accordingly, a governmental ruling by the wali al-faqih can be conceived only within the scope of preventing an existential threat and under conditions of legitimate necessity. At the same time, such a ruling would by no means imply unrestricted proliferation or withdrawal from non-unjust international treaties. Rather, under the supervision of a qualified jurist, the minimum level of deterrence necessary should be maintained, while observing the principles of proportionality and avoidance of waste and excess. Furthermore, the jurist may reassess the circumstances and, once a serious threat has been eliminated, issue a ruling restoring the original prohibition and requiring the dismantlement of deterrent capabilities.
کلیدواژهها [English]
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