جستجوی مقالات مرتبط با کلیدواژه « conscription » در نشریات گروه « فقه و حقوق »

During the Qajar era, conscription entered the Iranian legal system, in imitate Europe in order to strengthen the defense and build a strong army. The operation of Religious scholars with conscription’s approval and implementation were different; most scholars including the Imam Jome Khuee and Martyr Moddares was Agree and also support the Approval of conscription’s law. But some scholars including Haj Aqa Noorollah Esfahani and Mirza Sadiq Tabrizi apparently disagree with Implementation of this law. These two different positions raise the question: what was the view of the Religious scholars towards this law and what jurisprudential reasons did they have. This article for responding this question investigate this issue with an analytical and descriptive method and concludes that Religious scholars didn’t have any religious disagreement with conscription but they also supported its approval and implementation. But the disagreement by some scholars that has been reported during the implementation of this system, was aimed at combating Reza Shah's anti-religious policies by cover of conscription and coordinate people against him. People's unfamiliarity with the new system, Reza Shah's mastering on the army and using it for anti-religious purposes, are the other reason of religious scholars' disagreement.

The requirement to conscription is one of the important issues of public law. This topic from Beginning to enter Iran has been supporters and opponents. One of the citations that mentioned by a group of shias' jurists about the legitimacy of obligation to conscription is based on The concept of Jihad in shias' jurisprudence. Current research via descriptive-analytical method and library studies, by reviewing the Quranic verses and lifestyle of the Imams in reacting toward those people who have no acceptable reasons for dont participating in jihad, Concluded that use of some kind of Coercion toward those people is legitimate. Most of that requirement were of social pressure type and Threat to the retribution of the hereafter and less of theme were direct obligation and forcing people to participate in the battlefield. Anyway killing people for dont participating in jihad isn’t legitimate. Keyword: conscription, Obligation to Jihad, Quranic verses, lifestyle of the Imams, Imamiye jurisprudence, conscription, obligation to conscription

The use of soldiers in civilian institutions and the non-exemption of married persons for the purposes of spousal marriage were among the religious objections of the Guardian Council jurists to "the Proposal of Conscription" approved in 26 December 1983 by the Islamic Consultative Assembly. Notwithstanding the initial objection of the Guardian Council in amendments to the said law, regulations with similar content to the objectionable materials have been approved by the Majlis and approved by the Guardian Council jurists. The question now arises as to why the amendments made to the said law do not include such religious objections. The present article, by studying the library and the descriptive-analytical method and by analyzing the relevant laws and regulations, the decisions and annotations of the Guardian Council's conclusions, concluded that these two objections, while still existing in the context of foreign laws and reality, were ignored by the Council and there is no persuasive reason for this neglect. It is therefore necessary for the Guardian Council of, as the Sharia guardian body, to re-examine the rules of conscription in order to comply with Sharia standards.