Foundations, Limits, and Legal Consequences of the Development and Use of Nuclear Technologies from the Perspective of Islamic Jurisprudence and International Law

Abstract

This article examines the jurisprudential and legal dimensions of nuclear energy in light of Islamic sources. Given the novelty of nuclear technology and the absence of explicit textual provisions in religious sources concerning this issue, it is argued that the use of peaceful applications of nuclear energy—such as electricity generation, medical treatment, and agricultural development—is permissible under the general principles of Shi‘i jurisprudence, including the rule of no harm (La Darar) and the obligation to secure public welfare as a prerequisite duty (Muqaddimat al-Wajib). The study emphasizes that providing clean energy as an alternative to fossil fuels constitutes an indicator of social welfare in the contemporary era, and that the Islamic ruler bears responsibility for pursuing such objectives. Furthermore, the principle of negation of domination (Nafy al-Sabil) obliges Muslim societies to strive for the acquisition of strategic technologies, since attaining scientific capability in strategic domains contributes to collective dignity and independence. Conversely, the research provides a detailed analysis of civil liability arising from potential damages caused by nuclear activities, interpreting such liability within Islamic legal doctrines of causation (Tasbib) and destruction or direct damage (Itlaf). In the military sphere, relying on Islamic humanitarian principles and doctrinal teachings prohibiting the use of massively destructive weapons, the production and use of nuclear weapons are considered prohibited (haram). This position is also reflected in the religious decree (fatwa) issued by the Supreme Leader of the Islamic Republic of Iran. Ultimately, the article concludes that Islamic jurisprudence permits—and under certain circumstances encourages—the acquisition of peaceful nuclear technology, provided that ethical and military limits, particularly the prohibition of weapons of mass destruction, are strictly observed in alignment with national interests and the promotion of societal welfare.