نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار، پردیس فارابی دانشگاه تهران، قم، ایران
2 دانشجوی دکتری گروه حقوق، دانشکده علوم انسانی، واحد ساوه، دانشگاه آزاد اسلامی، ساوه، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Weapons of mass destruction include nuclear, biological, and microbiological weapons. The important features of these weapons are their very high destruction power and inseparability of the goals. To state the primary rule, jurisprudents have unanimously ruled on the prohibition of production and use of these weapons. A secondary title that changes this rule is the principle of retaliation. Another secondary title is the principle of necessity by creation of which the legally competent person is removed from the related duty. As a result, it is allowed to commit an unlawful act. It is understood from the religious and Islamic principles that the use of weapons of mass destruction is not permitted also under the titles of secondary rules. If the purpose of the war is to submit the enemy through fighting with its military forces, damaging those who do not participate in the war, makes the innocent people upset. This is a useless, unnecessary, and inhumane act and will not be consistent with the military necessity. What is obvious from the application of weapons of mass destruction is killing of defenseless people and destruction of public property that are far from the battle scene and are under the protection of Islamic law; since the principle of separation of the goals is a self-evident principle governing the holy war in Islam on which the Islamic jurisprudents agree. The article aims at explaining the view of Imamiyya jurisprudence on the application of weapons of mass destruction under the secondary titles and in the light of the principles of necessity and retaliation in order to both fill the knowledge gap in this subject and make the position of Islam clear in this regard and to prevent from baseless statements.
کلیدواژهها [English]
