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Use of Nuclear Weapons in Islam By Judge Dr.

Barseem

Almighty Allah has legalised the act of war in order to preserve human life and properties. He commanded us not to exceed the limit when fighting enemies. In that respect he said And fight in the way of Allah with those who fight with you, and do not exceed the limits, surely Allah does not love those who exceed the limits.1. So the command of fighting is combined with the command of not being an aggressor in war. Abin Abaas said in his interpretation of the mentioned verse those who fight with you means "do not initiate fighting with those who do not fight you". He added that Do not transgress" means "do not initiate fighting"2 . Therefore, transgression in war in Islam is a broad term includes all sort of offensive armed actions that exceed the limits of fighting and violate the rules of war. Prophet Mohammed (P B U H) said in an authentic Hadith: Verily Allah has enjoined goodness to everything; so when you kill, kill in a good way and when you slaughter, Slaughter in a good way. So every one of you should sharpen his knife, and let the slaughtered animal die comfortably3 .Hence killing by burning, poison and electricity shocks .etc is prohibited in Islam because it tortures the victim and make him suffer with no reason.
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The holy Quran, 2:190. Interpretation of bin kaseer ,Lebanon, p.226. 3 Sahih Muslim , Book 35 , chapter 11 , hadith 5167 .

Furthermore, fighting in Islam is directed only at warriors and is not allowed to be extended to civilians, children, women, elderly people and religious. The prophet Mohammed (P B U H) in an authentic hadith said " Do not kill an elderly person, nor a small child, nor a woman, and do not exceed the bounds.4 Also, if a warrior has wounded in a battle field, Muslims are not allowed to keep fighting him as the prophet said: do not bring to death a wounded fighter5. In addition to that, civil objects are out of war and military actions in Islam. Hospitals, schools, universities and museums .extra is protected by its civil nature and not allowed to be used in war by any means. The equipment of Islamic army is subject to the saying of almighty Allah in the holy Quran : And prepare against them what force you can and horses tied at the frontier, to frighten thereby the enemy of Allah and your enemy and others besides them, whom you do not know (but) Allah knows them; and whatever thing you will spend in Allah's way, it will be paid back to you fully and you shall not be dealt with unjustly6. Therefore, the general rule is to equip Muslims` forces with the best weapons and ammunitions that exist in order to achieve victory and the goals that Islam has legalised war for. The application of that rule makes legal for Islamic army to possess nuclear weapons as it is the most powerful weapons that human being has known in the modern era but rules and provisions of Islamic law confine the liberty of possessing weapons that Islamic forces could have, some of these rules are :

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Kanz Al Omal , vol 4, p 382 . Sonan Aby Dawood,vol 2, p243 . Ibn Aby Sheba , vol 6 , 498, cited from Dr. Ali Gama , The Prophet Treatment of War Prisoners, Al Ahram newspaper, 10-7-2011 , p 35 . 6 The holy Quran 75:60.

1- Goodness in killing: The almighty Allah has enjoined goodness with everything even killing. I have mentioned the goodness hadith above. Using excessive nuclear weapons that leave long devastating effects on human being, is not from goodness and contradicts Islamic rules that set out mercy in every little thing. 2- Preserving human race is an aim of the Islamic law "sharia ". Using nuclear weapons in a wide range will destroy human race or at least will leave bad effects on its offspring. 3- Using nuclear weapons against civilians is prohibited in Islam therefore Islamic military forces must always make sure that civilians are out of any military operations that might use nuclear weapons and safe from any effects that might occur from using it. 4- Nuclear weapons could easily harm the environment and negatively affect its elements that almighty Allah has given to people. Therefore, using these weapons must ensure the safety of the environment of countries that these weapons are being used in its territories. 5- Countries should take into account that nuclear weapons is an exceptional weapons and should be dealt with according to that respect. 6- It is illegal to use nuclear weapons against women who do not participate in military operations. Precautions should be taken to protect them from any likely effects that could occur as a result of using such weapons. 7- The Elderly, disabled and sick people are totally protected from using nuclear weapons. Countries should take all possible precautions to keep them away from any likely effects that might happen as a result of using such weapons. Transgressor state
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bears legal responsibility to cure and compensate victims of using such weapons. 8- Religious, whatever the religion they serve is, are entirely out of using nuclear weapons. Military forces should protect religious from being exposed to any of its likely effects. Cure and compensation should be given to victims regarding that aspect. 9- All Islamic states are bind by international nuclear conventions they have agreed upon. All rules of public international law should be applicable regarding that aspect. 10- Using nuclear weapons against civil objects and civilians is a crime that does not subject to the limitation of actions. 11- Using nuclear weapons illegally to destroy environment and kill civilians is a big sin in Allah`s eyes and deserve a severe punishment in the hereafter.