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Islamic Research Institute for culture and though
Abstract
Nuclear weapons must be considered as the most dangerous and frightening tools in the mankind’s hand. On one side, its high performance in stopping war immediately has forced some countries to make and even use it; on the other hand, deplorable consequences caused by its producing and its using have opened a broad field for ethical and legal issues. It can also be accessible to find the situation of these issues in jurisprudence knowledge based on traditional and rational evidence and suggest a clear position of Islam legal system in this domain. The following article will study the use of nuclear weapons in war emergency situations which survival and not failing in war requires to use this weapon. This article tries to access assertive sentence of using this weapon in war emergency situations based on jurisprudential approach and by focusing on traditional and rational evidence. The criterion “minimum loss” can be suggested as one of the Implementing Criteria by rewriting the emergency rule in Shiite jurisprudence and its inference sources. By understanding this rule’s contents and damaging consequences from nuclear weapons, we can obtain the reverence sanctions of using this weapon in war emergency conditions.
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