Preventive Self-defense from the Perspective of Islamic International Law

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Haghighat Pour Hossein

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Journal Paper

Paper Information

Journal: Fiqh va Usul Year:2020 | Volume:52 | Issue:1 (120) Page(s): 35-56

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Information Journal Paper

Title

Preventive Self-defense from the Perspective of Islamic International Law

Author(s)

Haghighat Pour Hossein | Issue Writer Certificate

Keywords

preventive self-defenseQ1

anticipatory defenseQ1

preventive defenseQ1

jihadQ2

international lawQ1

war lawQ1

Abstract

In the law of international conventions, under article 51 of the Charter of the United Nations, individual armed attack against countries is permitted only in the form of self-defense. One of the most important grounds for disagreement over self-defense is whether it includes preventive defense in imminent attacks referred to as “ anticipatory defense” . Many jurists accept it on the basis of necessity; however, most of them, attempt to deny this inclusion, through realistic interpretation, in order to reduce the dangerous consequences of its abuse. The present paper, through descriptive-analytical method using library sources, seeks to introduce the Islamic strategy with regard to this issue. The findings suggest that authoritative Islamic sources confirm anticipatory defense against imminent attacks; nevertheless, since war methods are included in the Mentaqa Al-Feraq, the Islamic ruler may decide about it on the basis of appropriate interests. The Islamic state ruler has the authority to withdraw from anticipatory defense in case of global consensus on restrict interpretation of defense or formation of international custom in this regard. Such tactic is an obstacle against the supporters of the invasion and also has been approved in the Infallibles' Sunna.

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APA: Copy

Haghighat Pour, Hossein. (2020). Preventive Self-defense from the Perspective of Islamic International Law. QURANIC & HADITH STUDIES, 52(1 (120) ), 35-56. SID. https://sid.ir/paper/394806/en

Vancouver: Copy

Haghighat Pour Hossein. Preventive Self-defense from the Perspective of Islamic International Law. QURANIC & HADITH STUDIES[Internet]. 2020;52(1 (120) ):35-56. Available from: https://sid.ir/paper/394806/en

IEEE: Copy

Hossein Haghighat Pour, “Preventive Self-defense from the Perspective of Islamic International Law,” QURANIC & HADITH STUDIES, vol. 52, no. 1 (120) , pp. 35–56, 2020, [Online]. Available: https://sid.ir/paper/394806/en

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