AhlulBayt News Agency

source : TNA
Saturday

26 May 2012

7:30:00 PM
318084

Is Imam Khamenei’s anti-nuclear fatwa, real or a white lie?

World powers have frequently accused Islamic Republic of Iran for making efforts to achieve nuclear weapons while Iranian officials have frequently stressed the peaceful nature of Iran’s nuclear programs before the Supreme Leader of Islamic Revolution, in a meeting with nuclear scientists, announced ownership and use of nuclear weapons to be Haram (forbidden in Islamic law) calling that a big sin.

(Ahlul Bayt News Agency) - Head of the Research Center for Fiq’h Affairs in Iran’s Parliament stressed it as a duty for the Iranian nation to base their policies, views and efforts in line with purification of the world from Atomic weapons.

He said the fatwa issued by the Supreme Leader regarding ban on production and use of nuclear weapons is in fact based on three clear Fiq’h laws.

Islam, due to its logic, based on saving man and avoiding outbreak of war, opposes production of nuclear weapons.

Islam has logical and basic rules in opposition with weapons of mass destruction (WMD) which catastrophically endangers the lives of masses of people or the environment.

Weapons of mass destruction lead the wars to an uncontrollable situation with huge numbers of victims and unimaginable range of destruction which might drag beyond one era of time and one generation of people.

World powers have frequently accused Islamic Republic of Iran for making efforts to achieve nuclear weapons while Iranian officials have frequently stressed the peaceful nature of Iran’s nuclear programs before the Supreme Leader of Islamic Revolution, in a meeting with nuclear scientists, announced ownership and use of nuclear weapons to be Haram (forbidden in Islamic law) calling that a big sin.

His Excellency rejected the rationality that having nuclear weapon is a token of power and added, “Undoubtedly the decision making organizations in the countries opposing us fully know that Iran is not pursuing nuclear weapons and that Islamic Republic of Iran bans having nuclear weapons in ideological, theoretical and Fiq’h terms.

Islamic Republic of Iran intends to prove to the world that having nuclear weapons is not a sign of power or one’s determination is not dependent on having nuclear weapons; therefore, it is possible to beat a power which is based on nuclear weapons and Islamic Republic of Iran will do that.

An analysis of the fatwa by the Supreme Leader is the topic discussed with Hujjat-ol-Islam Ahmad Moballeghi, Head of the Research Center for Fiq’h Affairs in Iran’s Parliament.

Q: Fatwa issued by the Supreme Leader of Islamic Republic, Ayatollah Seyyed Ali Khamenei, banning the use of nuclear weapons sent a wave across the world that could not be ignored even by the western media even though they tried to fade out the positive impacts of this religious statement. The fatwa in fact became the foundation for some diplomatic negotiations but the enemies to undermine the statement to be “subject to time and place limitation” or to be applicable “under special conditions” or even that it is “dissimulating”. Could you please explain in what conditions a Shia fatwa can be changed and is a change of fatwa applicable for a statement like the leadership fatwa banning the weapons of mass destruction (WMD)?

A: A fatwa implies a Sharia statement on a particular topic which is permanent. It is meaningless to say a fiq’h statement is temporary because if a scholar thinks again on an issued statement and comes to a result and issues a statement but in a new situation he ponders more paying more attention and therefore he comes to new results, then it does not mean that the statement changes but the scholar understands that the statement has been something else.

Sometimes the change in a fatwa is due to the new conditions of the special issue and that the issue has had a change of nature in a new social situation. In that case the scholar, regarding that the issue has had changes, issues a new fatwa though a second fatwa does not mean retrieving the first statement. Then the first statement is still credited for the first issue and the second fatwa for the second issue.

A third condition for the scholar to change his idea is Taqqiya (minor or benign falsehood in a matter of life and death) when the scholar issues the statement out of Taqqiya but in our era that is not valid any more.

We have to know that the statement that forbids weapons of mass destruction does not fit into any of the conditions above because firstly a ban on nuclear weapons is not a secondary title and it is not subject to any change in a course of time.

Secondly, a second ponder on an issue which might bring a change in the preliminary statement does not include a statement on nuclear weapons because the clarity in the ban on these weapons is so clearly proved that a second statement, as a result of secondary thoughts, cannot be imagined because a condition of corruption and danger is supposed to be the result of using these weapons anyway.

A ban on use of nuclear weapons has three clear Fiq’h principles, the first one being the principle of Vezr, meaning that the range of punishment should not include beyond those who deserve that and using weapons of mass destruction is an obvious violation of this principle in greater scales because it would indiscriminately damage a group of people.

The second law which we call it an attempt of corruption is a proof on the fact that following any path that might eventually end in corruption among people equals an attempt to spread corruption and is consequently banned.

The final principle on that is forbiddingness of using military weapons. It means when the disadvantages or execration of an act is greater that the advantages, then that act is banned.

Q: Using nuclear weapons has undeniable catastrophic outcomes. Then what if we are asked for only making and keeping nuclear weapons as a source of power for a show off against the enemy without using that for military ends? I mean why does the leadership fatwa bans using nuclear weapons as well as making and keeping them?

A: These are new types of weapons and there has been no similar weapon with the same range of destruction that it burns a nation leaving its trace not only on people but also on the nature. It is possible to control that now but it is not really guaranteed with the next generation and in another condition. What if it comes to the wrong hands?

On the other hand, producing nuclear weapons will possibly intensify a weaponry competition. Such issues are quite dangerous and have ever been banned in the guidelines of Muslim Imams (AS).

Now that human society is challenging such threats, it is our duty to keep our policies, views and efforts in line with purification of the international arena from Atomic Bombs. Intensifying a weaponry competition is dangerous for the whole world.

Q: One of the questions over the leadership fatwa banning nuclear weapons is if the statement is in fact Taqqiya (minor or benign falsehood in a matter of life and death). They say since Taqqiya is permitted in Shia Fiq’h, Islamic Republic of Iran has issued the statement, contrary to its real intention, only in a bid to defend itself against the enemies and it is possible that Iran violates the fatwa once it gains enough power.

A: Islam approves Taqqiya under some special conditions and has particular limitations. But the issue of weaponry competition is so clear that it is not subject to Taqqiya.

Hence the answer is that: A Taqqiya fatwa is acceptable when the issue, for which a fatwa is issued, is changeable, while the dangers of nuclear weapons will never change. This is a perfect and complete fatwa and not a Taqqiya fatwa. A Taqqiya fatwa is limited and can be changed but when a fatwa is issued in the international arena, the opposite cannot be proved to be right otherwise Shia fiq’h is questioned.

Q: In your view, what are the positive effects of maintaining international and political can the weaponry ban fatwa by Shia jurisprudents bring?

A: The fatwa by the Supreme Leader of the Islamic Republic, Ayatollah Seyyed Ali Khamenei, by itself reflects the humane, accurate and pure view behind fiq’h and we believe that our Islamic fiq’h is not distanced with rationality and temperament. On the contrary these two are transcended within our fiq’h.

At present when the countries and world powers are obsessed with winning a weaponry competition, an Islamic Iran loudly announces that it does not pursue nuclear weapons and that is very important. It will be heard, if it is spread more through the media.

Q: Some say that Muslims have to be in power and increase their strength every day. Does this notion, approved in verse 60 of Sura Al-Anfal (Hence, make ready against them whatever force and war mounts you are able to muster, so that you might deter thereby the enemies of God, who are your enemies as well), have any reference to nuclear weapons as a source of power?

A: Not at all because when Qur’an demands Muslims to be powerful it has no reference to nuclear weapons. This power is the kind that stirs others to achieve the same power and nuclear weapon is indiscriminately harmful both for friends and foes.

Nuclear weapon means a threat for humanity. Even other countries should not have achieved that and here we have to do our best to control that. I clearly deny that nuclear weapons are the source of power referred to in this verse.

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Hujjat-ol-Islam Ahmad Moballeghi, Head of the Research Center for Fiq’h Affairs in Iran’s Parliament

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