Jurisprudential Principles of Nuclear Weapon Use in Islamic Governance: A Case Study of Juristic Perspectives

قائدان, اصغر

doi:10.22059/jcis.2025.392580.1414

Jurisprudential Principles of Nuclear Weapon Use in Islamic Governance: A Case Study of Juristic Perspectives

Articles in Press

Document Type : Scholary

Author

اصغر قائدان

. Associate Professor, University of Tehran, Department of History and Civilization of Islamic Nations

10.22059/jcis.2025.392580.1414

Abstract

An Islamic government, guided by Quranic and religious teachings, may utilize military capabilities,defend Islamic territories, or counter enemy aggression.Nuclear weaponry represents one such military capability.The conditions under which its use is permissible, according to juristic opinions, form the central focus of this study.Notably, there is no consensus among early and contemporary jurists (foqaha), both Shia and Sunni, regarding the permissibility or absolute prohibition of using or possessing such weapons, including nuclear and biological arms. Some foqaha, citing the necessity of defense, permit the conditional use of this technology to counter and prevent threats against Muslims, albeit with imposed restrictions. Conversely, others, citing Quranic precepts and the Prophetic tradition, advocate for the absolute prohibition of using and even possessing such weapons, regardless of the intent to use them. This article delves into the divergent perspectives among jurists regarding the permissibility or prohibition of nuclear weapon use, supported by jurisprudential evidence. It examines the correlation between Islamic teachings and jurisprudence and international laws prohibiting weapons of mass destruction. The findings reveal that while a substantial number of foqaha assert the absolute prohibition and sanctity of nuclear weapons, a minority from both traditions allow for their conditional use under specific circumstances.

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