overseas defense

In the discussion of explaining the fundamentals and principles of defense, jurisprudence and Islamic law have an extraordinary richness that exists both openly and covertly in the form of general rules and definitive rules, but considering the doubts about protection of the Islamic Republic of Iran to the Muslims of the region and the world, it is necessary to adapt these rules based on current questions and conditions in comprehensive and scientific researches and resolve existing doubts. In fact, we should note that the defense doctrine of the Islamic Republic of Iran is rooted in Islamic law and jurisprudence, and it is necessary to research these foundations. Therefore, the defense approach of the Islamic Republic of Iran outside the borders is based on the two principles of negation and invitation. In defense of the Muslims of the region and the world, the principle of defending the oppressed of the world and fighting against the arrogant, as well as the policy of neither east nor west, the Islamic Republic and calling them to accept the religion of Islam is in line with following the principles of negation and invitation. On this basis, the Islamic Republic of Iran started a jihad against ISIS in Syria and Iraq. Because ISIS considered Shiism as one of the legitimate targets for aggression, and considering the obvious role that Shiism has in defining Iranian identity, the threat of ISIS to the national security of the Islamic Republic of Iran was a serious threat. The Islamic Republic of Iran became aware of this danger and was aware of the goals and intentions of this terrorist group towards the Middle East region and Iran, and the battleground against ISIS outside its geographical borders, and caused their defeat and destruction.

Based on the principles of Islamic jurisprudence and the principles adopted in international law, legitimate defense is limited to the geographical boundaries of a country, and defending outside the geographical boundaries has always been the subject of controversy among intellectuals. In this research, the legitimacy of defense outside the border in two areas of self-defense and defense of others, by exploring the jurisprudential foundations (verses, narrations, reason and consensus), and the principles of international law (written international sources, legal doctrine and wisdom) has been studied. The study of valid jurisprudential sources and lawyers' opinions in the international law as well as the international practice and procedure shows that in the field of defending others, examples such as defending allies, interference with invasion or consent of the invading country (with due regard to legal requirements), based on Islamic principles and the rules of international law are justifiable and in the Islamic law the legitimacy of such matters as defending the Islamic lands; defending Muslims and oppressed nations, is undeniable. The legitimacy of a pre-emptive defense (self-defense outside of the borders), where the possibility of damages, decisive or imminent, is accompanied by solid evidence, and the use of force to defend itself against that danger is a must, based on the (rationale) Islamic and the doctrine of some lawyers has been accepted. In both areas of defense of others and self-defense, the legitimacy of defense outside the border in exceptional cases (while respecting the restrictions on the use of force) can be proven.