conscription From the perspective of Imamiye jurisprudence (case study of feasibility of Obligation to Jihad)

Document Type : Research Article

Authors

1 Assistant Professor in political science faculty of Imam Sadeg (as) University, Tehran, Iran

2 Ph.D. student in public Law of Tehran University, Tehran, Iran

Abstract

The requirement to conscription is one of the important issues of public law. This topic from Beginning to enter Iran has been supporters and opponents. One of the citations that mentioned by a group of shias' jurists about the legitimacy of obligation to conscription is based on The concept of Jihad in shias' jurisprudence. Current research via descriptive-analytical method and library studies, by reviewing the Quranic verses and lifestyle of the Imams in reacting toward those people who have no acceptable reasons for dont participating in jihad, Concluded that use of some kind of Coercion toward those people is legitimate. Most of that requirement were of social pressure type and Threat to the retribution of the hereafter and less of theme were direct obligation and forcing people to participate in the battlefield. Anyway killing people for dont participating in jihad isn’t legitimate.
Keyword: conscription, Obligation to Jihad, Quranic verses, lifestyle of the Imams, Imamiye jurisprudence, conscription, obligation to conscription

Keywords

The Journal of Islamic Law Research
Volume 20, Issue 2 - Serial Number 50
February 2020
Pages 449-472

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History

  • Receive Date: 23 September 2019
  • Revise Date: 21 December 2019
  • Accept Date: 04 February 2020

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