Ethics of War and Peace in Iran and Shi'i Islam by Mahallati Mohammed Jafar Amir;

Author:Mahallati, Mohammed Jafar Amir; [Mohammad Jafar Amir Mahallati]
Language: eng
Format: epub
Publisher: University of Toronto Press
Published: 2016-04-08T04:00:00+00:00

A Humanistic Revision of the Laws of War

Ayatollah Hoseinali Montazerī ranks among the major grand ayatollahs in Iran who have gained respect for boldly criticizing official positions and practices. In the most important modern treatise on the theory of the guardianship of jurisconsult (wilāyat-e faqīh), published in Iran before the 1979 Islamic Revolution, Montazerī dedicates a full chapter to jihad and defence.67 In that particular chapter, he notes in an apologetic tone that, although Shi‘i jurists have divided the topic of jihad into two subtopics of offensive (ebtedā’ī) and defensive (defā‘ī), jihad in all cases should be considered a defensive measure. Similar to Motahharī’s proposals, the chapter stresses that jihad exists primarily as an institution to protect human rights, humanist values, and state security. Within this general definition, Montazerī also includes preventive wars against potential aggressors within the category of legitimate jihad.68

In the spirit of the above-mentioned definition of jihad, Montazerī, who was one of the leaders of Iran’s 1979 Revolution, became a voice of political threat against leaders of Iran’s neighbouring countries, especially in the early days of the revolution. He supported continuing the war with Iraq after 1982, which he later explained away by claiming that the position was forced on him because he was duty-bound to support Ayatollah Khomeini’s policies. Long after the end of the Iran-Iraq War, and in a rather unprecedented tone of self-criticism, he stated, “I remember that in one of my speeches on the anniversary of Revolution, I confessed that we have committed many mistakes for which we need to make repentance.” During the war, Montazerī asserted, “We chanted many improper slogans, and I, myself, was among those who, in the name of revolution, caused tension in our relations with other countries.” This political and legal turning point is well reflected in Montazerī’s juridical emphasis on the sanctity of respecting international treaties, including diplomatic immunity.69 After he was dismissed from his official position in 1989, Montazerī emphasized that he was originally against continuing the Iran-Iraq War after 1982 and insisted that he was sorry that Iran rejected and left unheeded so many other countries’ peace mediations. He then stipulated the “primacy of peace” as a principle in his legal writings.70

In the latter part of his political life, Montazerī became a staunch promoter of peaceful, friendly relations with non-Muslim countries.71 In speaking about war, he also paid attention to right conduct in war (jus in bello), making specific references to the rights of prisoners of war, as well as to their right to be freed soon after war’s termination.72 The above examples demonstrate how Montazerī’s involvement in revolution and war caused a major theoretical transformation in his views on war and jihad. He has formally apologized for his previous radical interventionist positions. More importantly, he has stressed that decisions on national matters of war and peace are of a consultative nature and subject to the views and votes of the public, rather than solely to the discretion of the supreme leader.73 Such a view

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