{"id":9572,"date":"2014-06-23T13:05:28","date_gmt":"2014-06-23T13:05:28","guid":{"rendered":"http:\/\/wilayah.info\/en\/?p=9572"},"modified":"2014-06-23T13:05:28","modified_gmt":"2014-06-23T13:05:28","slug":"iran-releases-religious-paper-detailing-ban-of-weapons-of-mass-destruction","status":"publish","type":"post","link":"https:\/\/wilayah.info\/en\/iran-releases-religious-paper-detailing-ban-of-weapons-of-mass-destruction\/","title":{"rendered":"Iran releases religious paper detailing ban of weapons of mass destruction"},"content":{"rendered":"
\n

The Iranian Foreign Ministry on the eve of a fresh round of talks with the world powers in Vienna released a paper on the religious foundations of the edicts issued by not just the Iranian Supreme Leader, but all Shiite jurists on the prohibition of the acquisition and use of the Weapons of Mass Destruction (WMDs), including nuclear weapons.<\/p>\n<\/div>\n

What follows is the full text of the paper.<\/p>\n

The Religious Foundations of the Edicts (fatawa)1by Shi\u2019ite Jurists Prohibiting Weapons of Mass Destruction<\/p>\n

Summary of a paper presented by Ayatollah Abolqasem Alidoost Conference on \u201cNuclear Jurisprudence\u201d<\/p>\n

Tehran, March 2014<\/p>\n

Introduction<\/strong><\/p>\n

Weapons of mass destruction (WMD) are a relatively new phenomena in international affairs, and therefore, Islamic jurisprudence, including Shi\u2019ite scholars, did not specifically address them in the previous centuries. However, Islamic jurisprudence has a number of well-established general principles that can be applied to this issue. These principles can, and have been, used as the basis for religious edicts on weapons of mass destruction by contemporary Islamic scholars, including Ayatollah Khamenei and other prominent jurists.<\/p>\n

The most prominent general principles that can be applied to weapons of mass destruction are principles governing differentiation of targets, protection of the environment and ensuring safety and security of non-combatants during war and conflict.<\/p>\n

Since by definition, WMD are indiscriminate, make no distinction between military and civilian targets, have a long-lasting, destructive impact on the earth and the environment, and endanger the health of everyone, including those of future generations, one can readily find several long-established general principles of Islamic and particularly Shi\u2019ite<\/p>\n

Jurisprudence applicable to WMD. Reference in this regard can be made to texts and edicts which are over a thousand years old.<\/p>\n

Traditional Shi\u2019ite religious edicts on nonconventional weapons<\/strong><\/p>\n

In the religious edicts of earlier Islamic and particularly Shi\u2019ite scholars, Muslims were prohibited from using poison in times of war, or from contaminating their enemies\u2019 drinking water with poison. The indiscriminate effect of poison was advanced as the jurisprudential basis for this ruling. The most prominent Shi\u2019ite jurists, as early as 1,000 years ago, argued that poison acted indiscriminately and did not distinguish between combatants and civilians. They further contended that it had a destructive impact on the environment and living creatures. Applying the same principles that were used to explicitly prohibit the use of poison in warfare, one can readily establish that the use of more contemporary means of warfare with similar impact and consequences, including chemical, biological and nuclear weapons, is also forbidden in Islamic legal tradition and doctrine.<\/p>\n

There are several narrations (Hadith) from Prophet Mohammad (PBUH), which explicitly prohibit the utilization of poison against infidels (Mushrekin)2\u00a0and their territories.3\u00a0It is thus evident that contemporary religious edicts, which ban the use of<\/p>\n

WMD, are pillared on principles as old as Islamic Sharia itself.<\/p>\n

As early as the time of the first compilations of Shi\u2019ite jurisprudence by early Shi\u2019ite scholars, the rules governing the use of various means of warfare available at that time were described in treatises dealing with the concept of Holy Struggle (jihad). In this regard, reference should be made to Abu Jafar Muhammad Ibn Hassan Tusi, also known as Sheikh Tusi, who is considered to be among the most preeminent Shi\u2019ite scholars of all times and whom lived in the 11th century (5th century After Hijrah in the Islamic Calendar.) In his book, \u201cA Concise Description of Islamic Law and Legal Opinions\u201d (Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa), Sheikh Tusi states that:<\/p>\n

\u00ab \u06cc\u064e\u062c\u0648\u0632\u064f \u0642\u0650\u062a\u0627\u0644 \u0627\u0644\u06a9\u064f\u0641\u0651\u0627\u0631\u0650 \u0628\u0650\u0633\u0627\u0626\u0631 \u0627\u064e\u0646\u0648\u0627\u0639\u0650 \u0627\u0644\u0642\u064e\u062a\u0644\u060c \u0627\u0644\u0651\u0627 \u0627\u0644\u0633\u0651\u0645\u061b \u0641\u064e\u0627\u0646\u0651\u06be \u0644\u0627 \u06cc\u064e\u062c\u0648\u0632 \u0627\u0646 \u06cc\u0644\u0642\u06cc \u0641\u06cc \u0628\u0650\u0644\u0627\u062f\u0650\u06be\u0645 \u0627\u0644\u0633\u0651\u0645 \u00bb<\/p>\n

\u201cIt is permissible to fight with infidels using all sorts of deadly tools except for poison. The dispensation of poison in their land is not permissible.\u201d\u00a04<\/p>\n

Sheikh Tusi\u2019s religious ruling, which was issued over a thousand years ago, has since been acknowledged and espoused by numerous other scholars, who have issued similar edicts (Fatawa) in their own treatises. Among them, the following reference texts, are particularly worth mentioning:<\/p>\n

\uf0d8 Kitab al-Sara\u2019er5\u00a0by Mohammad bin \u012adris al- H\u012bll\u012b also known as Ibn-i-\u012adris<\/p>\n

\uf0d8 Ghun\u012byat-al-Nuz\u016b\u2018 il\u0101 \u2018Ilmay-al-Us\u016bl va\u2019l-Fur\u016b6\u00a0by Al\u012b bin Zuhrah bin Husain \u012b Halab\u012b also known as Ibn-i-Zuhrah<\/p>\n

\uf0d8 Al-Mukhtasar al-N\u0101fi\u2019 fi f\u012bqh al-Im\u0101m\u012bya7\u00a0by Jamal ad-Din Hasan ibn Yusuf ibn \u2018Ali ibn Muthahhar al-Hilli also known as Allamah H\u012bll\u012b<\/p>\n

\uf0d8 Al-Duroos Al-Shar\u0101iyeh8\u00a0by Sheikh Shams-eddin Mohammad Makk\u012b al-\u0100mel\u012b also known as Al-Shaheed Al-Awwal<\/p>\n

\uf0d8 Al-Maq\u0101\u1e63id f\u012b Shar\u1e25 al-Qaw\u0101\u02bbid9\u00a0by Al\u012b ibn al-\u1e24usayn Mu\u1e25aqqiq al-Th\u0101n\u012b<\/p>\n

The religious rulings of all these prominent scholars contain conditional and primarily absolute prohibition of the use of nonconventional weapons that act indiscriminately. It should be borne in mind that the absolute prohibitions emphasize the impermissibility of such weapons, even if their use could lead to the victory of Muslims in war.<\/p>\n

Contemporary Shi\u2019ite religious edicts on WMD<\/strong><\/p>\n

Among contemporary Islamic scholars, the prominent Najaf-based jurist, the late- Grand Ayatollah Khoei and a majority of his students, have issued religious edicts imposing restrictions in relation to the means and weapons of war, which can be directly interpreted as prohibiting the use of WMD.10<\/p>\n

Many of the living Shi\u2019ite Grand Ayatollahs11 have also expressed their edicts on this issue, which are generally consistent with the religious edict (fatwa) against WMD \u2013 including development, stockpiling and use of nuclear weapons \u2013 issued by Iran\u2019s Supreme Leader, Grand Ayatollah Khamenei. Below are some of the edicts (fatawa) related to WMD issued by senior Islamic clerics.<\/p>\n

Grand Ayatollah Makarem Shirazi<\/strong><\/p>\n

\u201cAs Iran\u2019s Supreme Leader has declared nuclear weapons to be impermissible (haram), I too as a source of emulation (marja taqlid), view such arms as impermissible.\u201d12<\/p>\n

Grand Ayatollah Javadi Amoli<\/strong><\/p>\n

\u201cScholars believe that possession and development of atomic weapons and WMDs are not permitted and have issued religious rulings in this regard.\u201d13<\/p>\n

\u201cMass killing and genocide are forbidden by divine religions.\u201d14<\/p>\n

Grand Ayatollah Sobhani<\/strong><\/p>\n

\u201cGiven the principles of Islam in regards to human beings and the respect it holds for mankind, utilizing atomic weapons is absolutely prohibited \u2013 even for deterrence purposes.\u201d15<\/p>\n

Grand Ayatollah Nuri Hamedani<\/strong><\/p>\n

\u201cWe do not allow the use of nuclear weapons.\u201d16<\/p>\n

Grand Ayatollah Khamenei, Iran\u2019s Supreme Leader, has on numerous occasions announced his legal understanding and resulting jurisprudence in relation to this topic. For instance, Ayatollah Khamenei has expressed the following:<\/p>\n

\u201cIn our opinion, in addition to nuclear weapons, other WMDs such as chemical and biological arms also pose a serious threat to humanity. We declare the use of such weapons as impermissible (haram) and believe that protecting mankind from this great disaster is a public duty.\u201d17<\/p>\n

\u201cWe do not believe in nor seek atomic bombs and weapons. Based on our religious principles, utilizing such WMDS is absolutely prohibited and impermissible. It is tantamount to pillage and genocide, which the Holy Qur\u2019an forbids.\u201d18<\/p>\n

\u201cThe Iranian nation is opposed to such weapons based on its Islamic principles, as well as prudence and rationality.\u201d19<\/p>\n

\u201cWe do not want atomic bombs, and are even opposed to the possession of chemical weapons.\u201d20<\/p>\n

\u201cThere is also the Nuclear Non-Proliferation Treaty, NPT, which everyone has accepted, including Iran.\u201d21<\/p>\n

\u201cThe Islamic Republic of Iran has repeatedly announced that it is against using and developing nuclear weapons in accordance with its principles and Islamic jurisprudence.\u201d22<\/p>\n

It is thus evident that Ayatollah Khamenei\u2019s religious edict against nuclear weapons is deeply rooted in Islamic jurisprudence, and is not new or unique.<\/p>\n

\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014-<\/p>\n

1 \u201cFatawa\u201d is the plural form of \u201cFatwa,\u201d or religious edict in Islamic jurisprudence.<\/em><\/p>\n

2 In Islamic texts, infidels (Mushrekin) refer to those not believing in any Divine religion.<\/em><\/p>\n

3 See for Instance, Sheikh Hor Ameli, Wassael al-Shia, Institute of Al Al-Bayt, Qom, 1414 H. Volume 15, Abwab Jihad\u00a0<\/em>al-Ado (The Chapters on Jihad with the Enemy), Chapter 16, Page 62.<\/em><\/p>\n

4 2- Muhammad Ibn Hassan Tusi, Al-Nihaya fi mujarrad al-fiqh wa l-fatawi, Dar al-Kotob al-Arabi, Beirut, 1st, 1390\u00a0<\/em>H, Volume 1, Page 293.)<\/em><\/p>\n

5 Muhammad Ibn Idr\u012bs al-Hill\u012b, Kitab al-Sara\u2019er, Islamic Publishing Institute, Qom, 2nd, 140 H, Volume 2, Page 70<\/em><\/p>\n

6 Hamza bin Ali Ibn Zuhrah, Ghuniyat-al-Nuz ila Ilmi-al-Usul wal-Furu, Imam Sadegh Institute, Qom, 1st, 1417 H,\u00a0<\/em>Page 201<\/em><\/p>\n

7 Abolqasim Najm al-din Jafar ibn Muhammad ibn al-Hassan al-Hilli, Al-Mokhtasar an-Nafe\u2019 Fi Fiqh al-Imamiyah,<\/em>Mostafavi Book Store, Qom, Bi Ta, Page 211<\/em><\/p>\n

8 Shams al-Dim Muhammad ibn Makki al-Ameli (Ash-Shaheed Al-\u00ebAwwal), Al-Duroos Al-Sharaiyeh Fi Fiqh al-<\/em>Imamiyah, Islamic Publishing Institute, Qom, 1st, 1417 H, Volume 2, Page 32<\/em><\/p>\n

9 Ali ibn al-Hussain al-Korki (Mohaqqiq al-Thani), Jami al-Maqased Fi Sharh al- Qawaid, Aal Al-Bayt Institute, Beirut,<\/em>1st, 1411 H, Volume 3, Page 385<\/em><\/p>\n

10 Seyyed Abulqasim al-Khoei, Minhaj ul-Saliheen, Madinat-ul-Ilm, Qom, 28, 1410 H, Volume 1, Pages 372 and 373.<\/em><\/p>\n

Also annotations to Minhaj ul-Saliheen by other high ranking jurists (Maraji) as well as Grand Ayatollah Khoei\u2019s\u00a0<\/em>students.<\/em><\/p>\n

11 They are commonly referred to as \u201csources of emulation\u201d (mar\u0101ji al-taqlid), meaning that Shi\u2019ite Muslims can\u00a0<\/em>follow them in the conduct of their religious duties.<\/em><\/p>\n

Source: IBN TV<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The Iranian Foreign Ministry on the eve of a fresh round of talks with the world powers in Vienna released a paper on the religious foundations of the edicts issued by not just the Iranian Supreme Leader, but all Shiite jurists on the prohibition of the acquisition and use of the Weapons of Mass Destruction …<\/p>\n","protected":false},"author":1,"featured_media":9573,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":0,"footnotes":""},"categories":[8],"tags":[1423,989],"class_list":["post-9572","post","type-post","status-publish","format-standard","has-post-thumbnail","","category-scientists-news","tag-iran","tag-nuclear-weapons"],"_links":{"self":[{"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/posts\/9572","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/comments?post=9572"}],"version-history":[{"count":1,"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/posts\/9572\/revisions"}],"predecessor-version":[{"id":9574,"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/posts\/9572\/revisions\/9574"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/media\/9573"}],"wp:attachment":[{"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/media?parent=9572"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/categories?post=9572"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wilayah.info\/en\/wp-json\/wp\/v2\/tags?post=9572"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}