Explaining the effectiveness of the Islamic defensive legal system
Subject Areas : All jurisprudential issuesAli Mehdifard 1 , Mahmoud Ghayoumzadeh 2 , Hossein Heidari 3
1 - PhD student in Jurisprudence and Criminal Law, Khomein Branch, Islamic Azad University, Khomein, Iran.
2 - Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Saveh Branch, Islamic Azad University, Saveh, Iran.
3 - Assistant Professor, Islamic Azad University, Khomein Branch
Keywords: War, defense, self-defense, jihad, primary jihad, peace,
Abstract :
War is a social phenomenon that is linked to human history and has been evaluated from historical, political, psychological, military, etc. perspectives. The issue of war and addressing it from a legal perspective can be important because humanity has used war as a method of exercising power and resorting to force, which it itself has sought to legalize and regulate at some point. The principle of no to war, sanctions, and abhorrence is among the certainties of humanity, which, of course, has never been able to find implementation. Among the claims of international law is that the slogan of opposing war has been issued in the form of legal declarations, treaties, charters, etc., but all of them have been forgotten and misused one after the other. The result of this bitter truth is that the concept of war as a legal tool in the name of applying the law has been and is being exploited a lot. Explanation of the legal system of defense of Islam is a title that, on the one hand, explains the theorization of Islam as the final religion, which consists of a coherent, coordinated and purposeful set, and all its beliefs, rules and ethics are complementary to each other and at the same time are established and in line with a specific and definite goal. On the other hand, it is a sign of the position and role of religion in determining the legal system of defense of Islam, which means that this system has claimed to be global in various fields, including military issues, and contains the highest laws under which one can experience a peaceful life free from violence and war. This article, which is based on library and theoretical studies, aims to examine the subject from three perspectives: the preliminaries of
hghfghfgh
