Document Type : Research/Original/Regular Article
Author
Department of Jurisprudence and Islamic Legal Principles. Faculty of Theology and Islamic Studies. University of Ilam. Ilam. Iran
Abstract
The use of force in international relations is illegitimate, and the United Nations Charter makes exceptions to this strict rule for collective security and legitimate defense. Contrary to the Charter's stipulation, based on the teachings of customary international law, if there is an immediate threat indicating an imminent enemy attack, Governments can attack the threat centers and take action to eliminate the threats. From a jurisprudential perspective, defensive struggle (Jihad) is an individual and urgent obligatory that does not require the permission of the infallible Imam. Defensive struggle (jihad) means fighting polytheists, infidels, rebels, and any enemy who is feared to overthrow the Islamic state and who is feared to dominate the Muslim lands. The reason for this type of struggle is to preserve the policy of religion, preserve the Islamic state, guard the religion and prevent its destruction, guard the honor and reputation of Muslims, and establish security in the Islamic society. In this article, which will be written in a descriptive-analytical manner, the legitimacy of preemptive defense can be proven by considering things like the existence of conclusive evidence of an attack, the priority of the defensive expediency, and the lack of the need for the permission of the infallible Imam, and by citing the generality of the evidences for the obligation of armed struggle (Jihad), Hadiths, and the concept of the guardianship of the jurist.
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