Home / Library / Articles / Article: Nuclear Fatwa and International Law

Article: Nuclear Fatwa and International Law

This article seeks to study the content and the nature of the Nuclear Fatwa in the light of the Islamic jurisprudence, the status of the Fatwa according to the Iranian constitution and practice, and in particular its status under international law as a unilateral statement made publicly by a head of state.

One of the most serious international crisis in recent years that has involved major powers in long round of negotiations is the dilemma of Iranian nuclear program. While western powers, in particular the United States of America, accuse Iran of developing the capability for nuclear weapons, Iranian high officials categorically deny these accusations insisting that their nuclear program is totally peaceful and designed for civilian purposes . One effort to build confidence and create more transparency on the peaceful character of nuclear program the Fatwa , known as Nuclear Fatwa, issued by the Supreme Leader of the Islamic republic , Ayatollah Khamenei, banning the production and use of nuclear weapons. The Supreme Leader who has the ultimate authority over to her branches of the state, and is the commander in chief of the armed forces of Iran, explicitly declared this principal based on Islamic teachings and beliefs. The Nuclear Fatwa delineates that the production and use of the nuclear weapons are prohibited in Islam. The Fatwa which in reality is Iran’s formal policy with regard to the weapons of mass destruction is based on the Islamic principles and edicts derived from the formal sources of the Islamic legal and jurisprudential system. In other words, the Nuclear Fatwa is an edict deduced from those formal sources and as a result, has special legal effects in Iranian legal system. This paper seeks to study the content and the nature of the Nuclear Fatwa in the light of the Islamic jurisprudence, the status of the Fatwa according to the Iranian constitution and practice, and in particular its status under international law as a unilateral statement made publicly by a head of state.

Bibliographic Information

Title: Nuclear Fatwa and International Law

Author: Tavakol HabibZadeh

Published in: Iranian Review Of Foreign Affairs   Fall 2014, Volume 5 , Number 3 (19); Page(s) 149 To 177

 Language: English

Length: 28 pages

Download the Article

Related Post

Check Also

Review on the Book “Principles of Islamic International Criminal Law”

The author of the book aims to examine some of the provisions of these two legal systems considering the growing importance of...

Leave a Reply

Your email address will not be published. Required fields are marked *

Real Time Web Analytics