فهرست نشریات علمی دسترسی آزاد ایران

An Islamic government, guided by Quranic and religious teachings, may utilize military capabilities to defend Islamic territories or counter enemy aggression. Nuclear weaponry represents one such form of 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 Shīʿa and Ṣunnī, regarding the permissibility or absolute prohibition of using or possessing such weapons, including nuclear and biological weapons. Some foqaha, citing the necessity of defense, permit the conditional use of this technology to counter and prevent threats against Muslims. 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, and addresses the following research questions: First, which attitude is there greater consensus on? Second, to what extent can contemporary interpretations of international humanitarian law be harmonized with classical jurisprudential fatwas addressing the ethical-legal boundaries of armed conflict? 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.