Guaranteeing the implementation of the laws of war in Imami jurisprudence and international conventions

Document Type : Original Article

Authors

Islamic Azad University, Tabriz

10.30510/psi.2022.353040.3762

Abstract

War and Jihad have been the most important issues of Islamic society and the field of international law since the beginning. In Imami Jurisprudence as well as international conventions for fighting and guaranteeing the implementation of the laws of war, there are rules that all effects and consequences are limited and confined to Imami Jurisprudence and international laws. Therefore, in a descriptive-analytical way and with a historical look at issues related to war in Imami Jurisprudence and international documents, we are looking for an answer to the question, what rules and regulations did Imami Jurisprudence and international conventions have regarding the guarantee of the implementation of the laws of war? Looking at the philosophy of war and jihad in Imami Jurisprudence and international conventions, we find that both of these groups have proposed laws and regulations to preserve and expand the rights of war. According to the obtained results, there are three important elements in the jurisprudence of Imamia in order to guarantee the implementation of the laws of war, which are: the piety of Muslims, the fear of the hereafter, and the existence of a just Imam. Also, the laws of guarantee of international criminal enforcement and guarantee of international civil enforcement in international law documents have clearly emphasized the guarantee of the implementation of the laws of war.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 3370-3385

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