Structural Protection of the Family in Armed Conflicts from the Perspective of Imami Jurisprudence and International Humanitarian Law

نوع مقاله : مقاله پژوهشی

نویسنده

استادیار گروه مطالعات اسلامی و آینده‌پژوهی، دانشکده علوم خانواده، دانشگاه شهید بهشتی، تهران، ایران.

10.22091/rcjl.2026.17666.1492

چکیده

The evolution of modern armed conflicts has exposed the family institution and its fundamental pillars—women and children—to severe structural vulnerabilities. International humanitarian law, including the Geneva Conventions, has traditionally adopted an individualistic and negative approach to establish civilian immunity; however, this framework frequently proves ineffective when confronted with broad interpretations of military necessity. Adopting a descriptive-analytical methodology, this study demonstrates that Imami jurisprudence, rooted in a monotheistic worldview, eschatology, and inherent human dignity, employs a "structuralist" approach to preserve the family unit amidst warfare. In Islamic legal thought, the rule of non-transgression and the strict distinction between combatants and non-combatants render any attack on women and children, military exploitation of minors, and the destruction of civilian habitats absolutely illegitimate. By evaluating complex legal challenges such as the rule of Tatarrus (human shields), this article posits that integrating the duty-oriented approach and internal sanctions of Islamic jurisprudence with international legal mechanisms can yield an "Active and Structuralist Family Protection Model". Ultimately, this paradigm shift offers a robust strategy to mitigate human suffering and prevent social collapse in contemporary warfare.

کلیدواژه‌ها

موضوعات


عنوان مقاله [English]

Structural Protection of the Family in Armed Conflicts from the Perspective of Imami Jurisprudence and International Humanitarian Law

نویسنده [English]

  • Ahmad Saberi Majd
Assistant Professor, Department of Islamic and Futures Studies, Faculty of Family Sciences, Shahid Beheshti University, Tehran, Iran.
چکیده [English]

The evolution of modern armed conflicts has exposed the family institution and its fundamental pillars—women and children—to severe structural vulnerabilities. International humanitarian law, including the Geneva Conventions, has traditionally adopted an individualistic and negative approach to establish civilian immunity; however, this framework frequently proves ineffective when confronted with broad interpretations of military necessity. Adopting a descriptive-analytical methodology, this study demonstrates that Imami jurisprudence, rooted in a monotheistic worldview, eschatology, and inherent human dignity, employs a "structuralist" approach to preserve the family unit amidst warfare. In Islamic legal thought, the rule of non-transgression and the strict distinction between combatants and non-combatants render any attack on women and children, military exploitation of minors, and the destruction of civilian habitats absolutely illegitimate. By evaluating complex legal challenges such as the rule of Tatarrus (human shields), this article posits that integrating the duty-oriented approach and internal sanctions of Islamic jurisprudence with international legal mechanisms can yield an "Active and Structuralist Family Protection Model". Ultimately, this paradigm shift offers a robust strategy to mitigate human suffering and prevent social collapse in contemporary warfare.

کلیدواژه‌ها [English]

  • Family Rights
  • Women and Children
  • Armed Conflicts
  • Imami Jurisprudence
  • International Humanitarian Law
  • Principle of Distinction
  • Civilian Immunity