Document Type : Original Article

Author

• Ehsan Ahangari

Assistant Professor of Jurisprudence and Fundamentals of Law at Imam Sadiq University

Abstract

The sale of military weapons to foreigners, which is considered in jurisprudence as the sale of weapons to the enemies of religion, has been the focus of jurists since the beginning of the formation of jurisprudence. Regarding its permissibility or non-permissibility, some have attributed up to eight opinions to the twelvers jurists, of which three are the most important. A group that believes in absolute sanctity has issued a fatwa, a group has distinguished between a state of peace and a state of war, and has ruled that the former is permissible and the latter is sacred. Each of the above two groups have based their views on narrations. And the third point of view is the view that Imam Khomeini had on the issue, and based on his government approach, he considered this issue to be subject to the opinion of the Islamic government, which should take a position based on the general interests of the society, and in cases where the sale of these weapons is expedient, it is permissible to sell them. And in cases where there is corruption involved, selling it is forbidden. Therefore, neither peace nor war is the subject of judgment. On this basis, there is a difference between the jurists regarding the status of the issue, and the more correct view is that this transaction is null and void if it is legally forbidden.

Keywords

• Weapons
• selling
• enemies of religion
• peace
• war