Document Type : Original Article
Authors
1
PhD student, Department of Fiqh and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran.
2
Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Qom Branch, Islamic Azad University, Qom, Iran.
10.30510/psi.2022.353892.3790
Abstract
The aim of the research is to examine and match some articles of the fourth part of the 1949 Geneva Conventions and the 1st Additional Protocol of 1977 regarding the protection of civilian places during war from the perspective of Imami jurisprudence, in order to achieve a general achievement regarding the foundations of jurisprudence and the articles of the convention.
In this regard, the main question of the research is, what is the view of Shia jurisprudence regarding the articles of the Fourth Geneva Convention and the protocols regarding the protection of civilian places during war?
The research method is descriptive-analytical, and in the course of this article, after mentioning the articles of the convention and protocols and the legal description and principles that are provided in the law for support, we have discussed the reasons and principles of jurisprudence and at the end of the compatibility and alignment of jurisprudence and the convention, the following is the result. The research has been mentioned, the results of the research showed that in the Fourth Convention based on Articles 14, 15 and 18 and Articles 59, 55 and 60 of the First Protocol and from the perspective of Imami jurisprudence based on evidence such as verse 190 of Surah Baqarah, civilian places including hospitals, places Religious and all places that are not military targets, including houses, cultural places, and the environment, are protected during wartime, and their destruction and attack are not allowed.
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