Islamic Law and Weapons Jurisprudence Of Mass Destruction

Authors

Abdel-Majid Al Salahin, Faculty of Sharia - University of JordanFollow

Abstract

The paper is comprised of an introduction, three chapters and Conclusion.

The introduction deals with the phenomenon of fighting in the human societies in terms of it's reasons and development of fighting means.

In chapter one the author defined the three types of mass destruction weapons and their dangerous effects:

1- Chemical weapons which include gases and inflammables.

2- Biological weapons which include: the various types of viruses and germs.

3- Atomic weapons which include the fissionable bomb, the fusing bomb and the neutron bomb.

In chapter two the study deals with two issues:

1. Islamic jurisprudence stand concerning destructive weapons the effects of which extends to non-fighters. This was tackled by scholars in their books which can be divided into five types in view of Islamic jurisprudence stipulations:
2. Swindling Mnganiq towards enemy and destructing their fortresses.

b. Burning the enemy’s persons.

1. Poisoning the enemy either by poisoned arrows or poisoning their waters.

d. Burning the enemy’s plantations, cutting their trees and killing their cattle.

1. Drowning the enemy.
2. Stipulations covering production and utilization of modern weapons of mass destruction which can be divided into two types according to their effects:
3. Strategic weapons with terrific destruction power.
4. The tactical weapons with limited destruction power.

The research concluded that Islamic State may produce and develop the first one for the purpose of deterrence and keeping balance with the enemy in compliance with the quranic verse : (Against them make ready your strength to the utmost of your power including steeds of war to strike terror into (the hearts of) the enemies of Allah and your enemies).

Islamic State may use these weapons if they were used by the enemy or in a strong possibility that they are about to use it in application of the equal treatment principal, as its destruction effects do not exceed to non-fighters.

In general, the production and utilization of these weapons falls under the interest of the country, the necessity and the nature of prevailing circumstances.

The conclusion includes concluded the most important results reached in the research.

Recommended Citation

Al Salahin, Abdel-Majid (2005) "Islamic Law and Weapons Jurisprudence Of Mass Destruction," UAEU Law Journal: Vol. 2005: No. 23, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2005/iss23/2