Document Type : Original Article
Authors
1
PhD student in Jurisprudential Theories, University of Religions and Denominations, Qom, Iran.
2
Assistant Professor, Department of Contemporary Law and Jurisprudence, University of Religions and Denominations, Qom, Iran.
3
Associate Professor, Research Institute for Islamic Sciences and Culture, Qom, Iran.
4
Professor, Department of Jurisprudence and Fundamentals of Law, Faculty of Theology, University of Tehran (Farabi Campus), Qom, Iran.
10.22034/jhsrj.2025.2080139.1043
Abstract
Background and Aims:This article examines the jurisprudential and legal dimensions of the prohibition on acquiring knowledge of and developing weapons of mass destruction (WMDs) in the Islamic Republic of Iran. It seeks to analyze the foundations of this prohibition within the interaction between Ja‘fari jurisprudence and international human rights law, as well as to assess its conformity with global legal standards.
Materials and Methods:This study adopts a descriptive-analytical approach and draws upon authoritative jurisprudential sources (including juristic reasoning, narrations, and principles of jurisprudence), key international instruments (such as the Treaty on the Non-Proliferation of Nuclear Weapons and the Geneva Conventions), and the views of Ja‘fari scholars.
Ethical Considerations: The ethical framework of the research is grounded in Islamic principles, including the rule of lā ḍarar wa lā ḍirār (prohibition of harm), the prohibition of ‘awn ‘alā al-ithm (assistance in sin), and the protection of human dignity, civilian lives, and the environment.
Findings: The findings indicate that Ja‘fari jurisprudential perspectives range from the absolute prohibition of acquiring and producing WMDs to conditional permissibility for defensive and deterrent purposes. Nevertheless, the fatwas of leading religious authorities and the official position of the Islamic Republic of Iran emphasize the prohibition of producing and using such weapons, in accordance with international obligations such as the NPT.
Conclusion:The study concludes that Iran’s jurisprudential and legal opposition to WMDs reflects a convergence between Ja‘fari jurisprudence and international law, underscoring a commitment to humanitarian principles, environmental protection, and the promotion of international peace and security.
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