The nature of requiring a weapon in the realization of war from the perspective of Islamic penal jurisprudence

Subject Areas :

Mohamadebrahim  Mojahed ¹ (PhD in Jurisprudence and Fundamentals of Islamic Law, Visiting Professor at Payam Noor University, Yasouj Center, Yasouj, Iran.)

Received: 2021-06-11 Accepted : 2022-12-18 Published : 2023-02-20

Keywords: custom, war, fear, Generalization, The condition of weapons,

Abstract :

Abstract:Rethinking the nature of the requirement of weapons is one of the most basic conditions for the realization of war, according to Mahesh, it is an inevitable necessity. What is meant by weapon? And what are its variables? It is a question that the present research tries to answer by descriptive and comparative analytical method. There is a difference of opinion among them in exploring the sayings of jurists. Some fatwas do not consider the publication of the weapon as a condition, and some believe that following the Qur'an, the use of the weapon and even the akhafa are not included in the title of Muharibeh. Some have considered carrying weapons or equipping them as part of war; As mentioned in Jawahar and Tahrir al-Wasilah. Some fatwas are clear about the application, and the absence of the condition of carrying weapons, but the sufficiency of just using force. The statement about the truth of the weapon, and the lack of difference between the tools, is up to others. As a result of the research, it was found that the weapon has a general concept. It is not limited to a specific type. The fact is that the weapon is always changing and perfecting according to the change of time and place. The criterion for its recognition is the truth of custom and prevailing conditions. The meaning of weapon is anything that can cause public fear. However, public awareness is important in any way it can be.