The Analysis of Fiqhi Pronouncement of the Grand Ayatollah Khāmeneī on the Prohibition of the Use of Nuclear Weapons in the Light of the Theory of Nationality (Tabe‛īyyat)

Having issued the legal pronouncement of the Grand leader of the Islamic Republic of Iran, Ayatollah Khamenei, on the prohibition of the application of nuclear weapon, the reason why the application of this sort of weapon is prohibited from the perspective of Islamic jurisprudence and Law was studied beyond the political and security aspects. The mentioned legal pronouncement in the western policymaking circles was faced with doubts about its practical efficiency. In contrast, in certain jurisprudential circles of our country it was subject to some doubts as far as its legal foundations are concerned. Accordingly, western circles have taken the legal pronouncement as precautionary concealment and compulsory and as such it was thought to lack necessary sanction. Some local circles have considered it inconsistent with legal arguments and thus rejecting its legal principality. The assessment of the two ideas mentioned above is based on the recognition of the fundamental theory of the legal system of Islam about regulations concerning the application of weapons and military operations. The mentioned theory is introduced as the theory of nationality, and its relevant legal arguments and jurisprudential foundations are explored in the present article. The fact that there is a complete consistency between the legal pronouncement of the Grand leader and jurisprudential bases and thought system of Islam and that the two ideas are deficient in a way or other is made clear by explaining the theory in question.