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

Jihad Kabir (Mighty Struggle) means not to obey the unbelievers and mushriks (polytheists); it is a divine command which was revealed to Prophet Mohammad (PBUH) in Mecca to confront mushriks at the time. In fact, by this command- which Allah mentions in the Quran, He calls for an Islamic society that its people would not give in to the demands of enemies going through various junctures of life. The believers should strive diligently to uphold and promote the status and authority of the Islamic society so that the enemy would not be able to establish dominance over the society through its political, economic, and cultural measures and make people abide by them. This article analyzes Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei’s viewpoints with respect to Jihad Kabir, employing an analytical-descriptive method. Data have been collected through the library method and thematic analysis has been used to analyze the data. The result shows that the Leader- in his works and comments- has highlighted a number of issues including the enemy and its plots as well as disobeying the enemies and standing against them. Ayatollah Khamenei’s viewpoints regarding Jihad Kabir pivot around conceptology, requirements, actors, fields, consequences, and impacts of Jihad Kabir.

Living in a peaceful environment away from war has been one of the most important human aspirations and many efforts have been made to achieve it, including the recognition of the "right to have peace", according to which "living in peace" as "the right of human" has been affirmed and emphasized along with other recognized human rights. However, in addition to the humanistic schools, war and jihad have been emphasized in Islam in some cases, and Muslims are allowed to wage jihad and fight against those with whom they are at war. The question, which this paper seeks to answer, is whether the right to live in peace can be recognized for those who are not at war with Muslims, including non-Muslims. In answer to this question, it seems that by referring to religious arguments, especially the verses of the Holy Qur'an, it can be considered that fighting is permissible with those who are at war with Muslims. Therefore, non-Muslims who want to live peacefully with Muslims have the right to live in a peaceful environment.

War has long been considered as a state of emergency and has led to permitting some illegitimate acts. One of these acts is to use a trick, which can be very useful. Sometimes a war trick can significantly reduce the loss of life and property of a war. The central element of the trick is to deceive and mislead the other party; While the betrayal of war is based on the same but not permitted in any way, Therefore, determining the domain of war tricks depends on comparing it with the concept of betrayal. In international treaties and custom, these two concepts are distinguished from each other by presenting a specific rule. In Islamic jurisprudence, despite the thematic and rule separation of these two concepts, it seems somewhat difficult to find the criterion of this separation. In this article, using library resources and descriptive-comparative study of the works of Imami and Sunni jurists, the criterion for distinguishing between deceit and betrayal in Islamic law has been determined and compared with the provisions of international treaties. The conceptual distinction between betrayal and deceit, as well as the criterion proposed in the First Protocol to the Geneva Convention, is exactly in line with the view of Islamic jurisprudence.

One of the principles governing the war in contemporary international law is the principle of distinction. According to the Articles 48, 51 (2) and 52 (2) of the Additional Protocol I to Geneva Conventions, attacks can only be carried out against combatants and should not be directed against the civilians. At the same time, according to the third paragraph of Article 51 of the same document, this support will be lost through direct involvement of the civilians during the conflict. However, for some reasons such as the lack of sufficient legal and criminal executive guarantees, the international humanitarian law has become less relevant to its goals. At the height of the degradation of the law of war among nations, Islamic humanitarian law has recognized the principle of distinction as a binding principle and prohibited the invasion against civilians. This immunity is sometimes specifically extended even beyond the contemporary humanitarian law. This theoretical basis will be completed and confirmed in the light of the Prophet's practice, and is evidenced by historical reports about the number of victims of the Prophet's wars. Relying on the analytical-comparative method, the present article seeks to draw on the library sources and to reveal the face of the principle of distinction from the perspective of Islam.

Islamic scholars have paid special attention to "martyrdom operation" (Istishhad) and according to the jurisprudential basis, they have stated the authority and conditions of it. They, also, have considered this Jihad a valuabletype of jihad and martyrdom. Martyrdom operation is a kind of defensivejihad that is done when there is no other way or there is a more importantinterest like protecting Islam; as in "preventing loss", the evidence of protecting Islam has priority, rationally, over the evidence of protecting the life. Theauthority for this type of operation is issued with the necessity for it and withthe permission of a Sharia ruler. Martyrdom operation is different from suicide operation against innocent people, or in other words, suicide withoutreligious evidence; Because the martyrdom operation is carried out with theintention of proximity, its purpose is to preserve the Islamic regime and thehonor of Muslims, and has all jurisprudential and moral conditions whit it;unlike suicide operation, which is carried out against religious rationality,aims to hit Muslims, and in many cases, civilians, women, and children aremartyred; Therefore, the prohibition evidence of suicide does not includemartyrdom operations

War perfidy is among the concepts of international law of armed conflicts and war crimes in international criminal law. It has been attempted in the Hague Convention as well as the Protocol I Additional to the Geneva Conventions to define this concept and clarify it by giving examples; the definitions are mostly derived from international custom. There is no definition of this concept in the military laws of our country and this definition has been approved only in the form of the Bill of Accession of the Islamic Republic of Iran to the Protocol Additional and article 127 of the Armed Forces Penal Code has imperfectly mentioned some examples of this crime. In the jurisprudential heritage of Islam, despite referring to war perfidy through keywords such as Ghadar (treachery), perfidy has not been defined. Accordingly, the author intends in this paper, by using library sources and analytical-comparative method to define war perfidy as a criminal title from the viewpoint of Islamic sources and rectify the elements of this concept. The outcome of this research is that the jurisprudential definition of war perfidy crime is close to the definition provided in Protocol I Additional to the Geneva Conventions with slight difference and preference.

In the law of international conventions, under article 51 of the Charter of the United Nations, individual armed attack against countries is permitted only in the form of self-defense. One of the most important grounds for disagreement over self-defense is whether it includes preventive defense in imminent attacks referred to as “anticipatory defense”. Many jurists accept it on the basis of necessity; however, most of them, attempt to deny this inclusion, through realistic interpretation, in order to reduce the dangerous consequences of its abuse. The present paper, through descriptive-analytical method using library sources, seeks to introduce the Islamic strategy with regard to this issue. The findings suggest that authoritative Islamic sources confirm anticipatory defense against imminent attacks; nevertheless, since war methods are included in the Mentaqa Al-Feraq, the Islamic ruler may decide about it on the basis of appropriate interests. The Islamic state ruler has the authority to withdraw from anticipatory defense in case of global consensus on restrict interpretation of defense or formation of international custom in this regard. Such tactic is an obstacle against the supporters of the invasion and also has been approved in the Infallibles' Sunna.

As a result of the complexity of life today and diversity of wars, the issue of jihad of the women is subject to the scientific and Islamic jurisprudential disputes. According to jurisprudential teachings, the women have been removed from the responsibility of primary jihad but not defensive jihad. In the case of primary jihad, one of the important and prominent issues in today’s life is the necessity of women’s involvement in the expansion of Islam and Islamic values and attainment of virtues that are achievable in this area. Therefore, primary jihad or jihad of calling, which means “going into war by Muslims under certain circumstances and conditions in the absence of any attack by polytheists and infidels solely to call hem to Islam”, is held to be non-obligatory for women according to many Islamic scholars. This paper, thus, studies, refines, and verifies the concept of the lack of necessity of primary jihad for women and tries to provide a way to prove the necessity of jihad for women, such as the generalities of the evidences for the obligation of jihad or withdrawing the prohibition of jihad for women in the case of involving physical contact with the enemy. In other cases which doesn’t involve such physical contact with enemy, such as nursing the wounded or cooking for fighters, necessity of jihad for women is well-established.

The phenomenon of captivity is caused by war. Captive is a combatant captured by enemy forces during an armed conflict. As far as the captives’ rules and rights are concerned, a significant question not discussed adequately, is whether captivity is a right. If the answer is positive, is it the captive’s right or the captor's or the right of both? In fact, the authors intend to identify the post-captivity rules not pre-captivity rules; i.e. principally, does Islamic jurisprudence recognize a phenomenon such as “captivity”? What is the attitude of contemporary international law in this regard? This paper, after studying the possibilities of this issue, has concluded that captivity is a right for the powerless combatant and a rule and duty for prevailing forces. The sources of religious rules including the holy Quran, sunna and the behavior of wise all indicate the necessity of preserving the life of combatant who is not able to continue the battle. International conventions have emphasized on the encompassing respect of the captives' rights particularly preserving their lives.

The intellectual bases of Salafi Takfiri are the preconditions which the group's actions and views are based on. The most important legal-political basis of this currents is the revival of the Islamic caliphate, with the modeling of Rashidun Caliphates. They don’t tolerate any political system in a format other than this, and by dividing the communities into Dar al-iman and Dar al-Kufar, they consider all modern societies. This view has caused the decline of the caliphate status, and the launch of this approach should be accompanied by specific actions and by creating the necessary conditions and measures. From the point of view of Takfiri Salafism, one of the important duties of Muslims towards Dar al-Islam is the necessity of immigration as a collective obligation. But, according to the verses and prophetic tradition, the cause of necessity of emigration is to achieve a place where to serve God and to perform one’s duties. Jihad is the most basic solution of Takfiri Salafi leaders to achieve their desired goals, including the establishment of an Islamic government, and in this regard, they have given to the every one the warrant for jihad, and imitation in religious rules is not permissible. They ignore that this is a popular interpretation of jihad, and that Imitation has existed since early Islamic history.

As the most important source of Islamic religion, the Holy Qur'an has a clearframework for inviting to religion in speech and behavior, and the manner of Islam’sProphet is also consistent with this Quranic framework. but conquests some Muslimrulers in the pretext of Islam spreading on one hand, and hostility propaganda ofIslamophobians on the other has hazy this clear image, as It is necessary to explainthe principles of the Qur'an and the Prophet's manner about this. In this study, theverses of the Quran and manner of Islam’s Prophet were investigated by descriptiveanalyticmethod and the principles of invitation to religion were specified. Accordingto the results of this study, invitation to the religion is based on insight, wisdom,preaching and best disputations; and if one of them wasn’t accept this invitation, he ismust treated peacefully, until don’t menace the security of the Muslims. In themeantime, Jihad has a defensive aspect and has been legislated for the protection ofthe life and property of the Muslims. Verses from the Qur'an, ordered to fightingagainst non-Muslims, are not directed to the propaganda of religion with the sword,but the purpose in these verses is to create societal security against enemy threats,and manner of Islam’s prophet matches this.

Weapons of mass destruction, including nuclear, biological and microbiological. An important feature of these weapons of destruction and seamless web of goals. Jurists unanimously expressed preliminary ruling in respect of the production and use of these weapons have issued. Including secondary titles that sentence is Tghyrdhndh rule is retaliation. Basis of reciprocity is that the same should be proportionate to the aggression. However, according to Islamic law the legitimacy of defensive measures to be another place that leads to aggression. A second rule is necessary other topics related to the creation of the task must be lifted up and The result is a license to commit an unlawful act. What is the Islamic religious principles, and it is understandable that the use of these weapons is not permitted under the headings secondary. If the purpose of the submission of the enemy through his battle with security forces, those who do not contribute to the injury, damage and innocent people will talm that it is useless, unnecessary and inhumane and is not proportional to military necessity.

Jihad is an important interpretive, jurisprudential, and historical issue in Islam which is known as kitab al-jihad in jurisprudential books and has many important branches. Within the wide range of this important issue, “preliminary jihad” is considered a very challenging issue in the time of occultation and has been discussed extensively; misunderstanding of which has led some groups to use it as an excuse to attack Islam and to introduce it as the religion of war. While, according to Islam, it is based neither on peace nor war, but it is a matter of difference among various cases. Nonetheless, there is a consensus among Islamic jurisprudents about the principle of legitimacy of preliminary jihad for which considerable traditional and rational evidences have been presented. The present research, after explaining the purposes of Islam for the establishment of preliminary Jihad, reviews the related verses of the Quran and states and criticizes the views of pros and cons of preliminary Jihad. It is worth mentioning that there are many other evidences like consensus, and religious requirement, as well as a considerable amount of traditional evidences in this regard, but the present research aims only to study the Quranic evidences on preliminary Jihad.

The division of jihad into two categories of “defensive jihad” and “preliminary jihad” as well as the condition of the presence of infallible Imam for obligation of preliminary jihad are well-known acts in the science of jurisprudence. Preliminary jihad should not be undertaken during the absence of infallible Imam. There are only a few Islamic jurisprudents who have not accepted the condition. The present text deals with the Quranic and traditional evidences which can be referred to in this regard, it specifically discusses the wide range of indications of the Quranic verses about preliminary jihad. The research concludes that the Quranic verses not only do not indicate the necessity and legitimacy of preliminary jihad, but also there are some verses that reject it.