Principles of jurisprudence of unlawful using of Nuclear weapons

Abstract

Abstract:Nuclear energy is considered among pure energy. These days, applying nuclear energy is counted among the most essential matters in the life of human being.According to a general division, usages of nuclear energy categorized into two groups: military purposes and unmilitary purposes with peaceful views.Regarding the usages of nuclear energy in military part, the main question is to apply the nuclear weapons in military consumptions. This research tries to answer to this question so we surveyed adjudicators′ opinions about this matter and verses and narrations were considered too. The consequences showed that the juridical commandment of applying nuclear weapons imply unlawful using nuclear weapons in war due to the following reasons like: unlawful genocide, the principle of prohibiting the oppression, the military life style of the prophet Mohammad peace be upon him and his family, the regulation of no injury, the regulation of crime and the regulation of sin.Key words : nuclear weapons , jurisprudence principles , use , legal principles , ethnic genocide .