An Inquiry into Right of Intervention by Invitation of Rebels from the Perspective of Islamic Jurisprudence and Contemporary International Law

Subject Areas : Private law

Reza Nasiri Larimi ¹ , Mohsen Abdollahi ²

1 - نجف آباد
2 - تهران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-01-20

Keywords: Jihad, Intervention by invitation, Rebel, rebellion, Armed civil wars,

Abstract :

Despite of the prohibition of the rebels in the right of intervention by invitation in international law, the rebels in some cases of civil wars, particularly the recent developments and civil armed conflicts in Middle East and North Africa asked for military aid from other governments in fighting against the governing state regarding with the right of people to self-determination. This is about people who are under oppressive, tyrannical and turbulent government and the responsibility that the Islamic governments to help them based on sharia have a double importance. So it seems necessary to examine the legal rules, prohibitions and restrictions governing such interventions from the perspective of Islamic jurisprudence and contemporary international law. Although, the intervention by invitation of rebels have been faced With some obstacles and limitations in international law and Islamic law which will be examined, it seems that international law can, in some limited cases with the permission and supervision of the UN Security Council, accept the intervention by invitation of rebels to fight the oppressive government and the governments that systematically violate their citizens' basic rights. The Islamic jurisprudence with the acceptance and the necessity of intervention in favor of oppressed groups who are fighting with the oppressive governments with ignoring of the present precautions in contemporary international law, give a clearer picture of intervention by invitation of these groups.