چکیده:
Throughout Islamic history, the issue of jihad and defense has always been one of the necessities of Islam. The present article discusses and examines the jurisprudential foundations of defense and jihad, and based on the aforementioned content, it can be said that the most important foundations of defense and jihad in Islamic thought are verses and narrations. Given the importance of this matter in the Quran and Sunnah, Islamic jurists have also raised the necessity of defense and jihad in their jurisprudential works, considering its obligation across all eras with all its dimensions (defense of land, property, life, and honor) as necessary and essential. They have even considered jihad and defense obligatory under an unjust ruling government; however, according to the jurists' view, jihad and defense should not be in line with supporting an unjust government. Jihad and defense are valuable concepts in all human societies. All nations look upon their martyrs, veterans, and warriors with respect; however, the methods of this sanctification and respect differ. In Islamic teachings, the essence of the culture of jihad and defense is self-sacrifice, sincerity, and wise, purposeful magnanimity. Promoting and spreading the culture of jihad and defense carries many positive moral, religious, political, economic, and cultural effects. This article, emphasizing the Quran and narrations, examines topics related to jihad by posing these questions: Can we consider jihad in Islam as legitimate defense? Does the concept of jihad and defense in Islam conflict with reason and international legal standards? Based on these questions, hypotheses in the form of expert propositions were stated by the author, and at the end, the correctness of the declared hypotheses was determined as the objectives of this research. The research hypothesis is that jihad and defense in Islam undoubtedly align with the concept of legitimate defense. The concept of jihad and defense in Islam, whose foundations are correctly inferred from reliable sources, generally and collectively aligns with reason and even international legal standards. In all rulings related to jihad, resorting to oppression is prohibited. Primary jihad can also be placed within the concept of legitimate defense through accurate and correct interpretation of verses and narrations. This writing is organized in a descriptive-analytical manner and a library-based method, and the research issue is the investigation and recognition of the jurisprudential foundations of defense and jihad. The examination of verses and narrations related to jihad confirms the legitimacy and obligation of defensive jihad. The concept of legitimate defense has been accepted from both perspectives and recognized as an indisputable right of all individuals and states. In contrast, the concept of terror and terrorism is illegitimate from both perspectives and has been condemned. However, the history of legitimate defense has a longer precedent in jurisprudence, and its foundations have been extracted from jurisprudential texts as follows: being innate, rational, and having social benefit; and these foundations in international law are: naturalness, the theory of coercion, compensation of evil with evil, service to society, and sacrificing a lesser interest for a more valuable interest, whereby the jurisprudential foundation of 'naturalness' is entirely accepted as a foundation of international law. Defense in its broad sense, which has supporters in today's international law, has a wide scope and includes many wars that have been considered primary jihad in history and Islamic jurisprudence. The results of this article show a type of correspondence and alignment between the provisions of the Quranic verses and international law regarding war and peace.
خلاصه ماشینی:
Based on the results drawn from investigations, books were found that have addressed the subject of jihad entirely or scatteredly, which include: ــ "Jihad from the Perspective of Nahj al-Balagha of Imam Ali (AS) – Sociology of War and Military Forces" written by Abbas Khadem Ghaemi ــ "Jihad and the Transformation of its Motivations in Islam" written by Iraj Pad ــ "The Ritual of Jihad in Nahj al-Balagha" written by Iraj Faramarzi ــ "The Relationship between Mysticism and Jihad in Islamic Culture" written by Hassan Aghabalayi ــ "Orientalists and the Quran: A Critique and Review of Orientalists' Doubts Regarding the Verses of Jihad," written by Ali Heydari 176 ــ "A Critique of the Western Quranic Scholars' View on the Role of Jihad in the Expansion of Islam during the Prophet's Era," written by Hossein Abdolmohammadi ــ "Clarifying the Nature of the Verses of Jihad from the Interpretive Perspective of Allameh Javadi Amoli and Evaluating Fairstone's Viewpoint," written by Hossein Rezaei Haftador Research Method and Methodology The research method in this dissertation is a "descriptive-analytical" method with a critical approach and is of the "library" type, which, by using existing articles and books, clarifies the jurisprudential foundations and general principles regarding jihad, Islamic defense, etc.