Defensive attacks of the Palestinian Islamic Resistance Front on the occupied territories as well as the widespread crimes of Israel in the widespread attacks on Gaza has become an excuse to have a conversation with Dr. Hujjat al-Islam, a member of the jurisprudence group of Laws and Citizenship Duties of the Institute of Contemporary Jurisprudence Studies.

– The latest attacks by Gaza and Hamas on the occupied territories have become an excuse to discuss the nature of the Zionist regime and the Palestinian land. Where do you know the return of this difference?

In such situation, several points can be made. The first point; Despite the fact that a state called Israel is accepted in the United Nations and actually has an official seat, and many countries of the world have practically recognized this country or, in other words, that fake country, but on the other hand, many Islamic countries and even many other countries of the world have not recognized it and they always officially declare their position in the lack of legitimacy and interpret it as a regime and not a country.

Basically, in what area does a country guarantee its legitimacy and formality?

This is a key and important question that if a number of countries that are preferably on the front of the domination system and are interested in this country, recognize a country, does it become an official country? Or, the legitimacy of a country depends on previous criteria, and if those criteria are not met, even if all the people recognize it, it will still not be recognized; It’s like a lie is always a lie, even if everyone thinks it’s true. Usurpation is always usurpation, even if others ignore it.

Based on this, in the case of Israel, we are facing a regime that is based on usurpation, and has no originality; A system whose citizens today are immigrants from other countries, and the original citizens of that country were pushed out, destroyed, exiled, and usurped their land, and even based on the international standards of the domination system, which prohibited their settlements and development. is still insisting on this logic. Therefore, regardless of the fact that this regime is recognized by some, because it does not have criteria for recognition, no matter how much time passes on it, it will not lead to recognition. Usurpation is always usurpation, even if 100 years have passed.

In contracts, if they see that there is a previous document, that this document is supposed to be a endowment house and someone lives here, then the previous document takes precedence, and that previous document, which belongs to its own owners, rules that the next person who is sitting is a usurper even if he has a document or a document has been made about it. Therefore, the presence and sovereignty of the Zionist regime in the Palestinian land has the status of usurpation, and usurpation will never become official, even if others refer to it as an official state.

– How must Palestinians deal with the issue of Israel today?

Those whose country has been usurped cannot be indifferent to this matter and they must get their rights. There are several interpretations in the Qur’an regarding this matter, among which we can refer to the verse regarding the people of Makkah: “Akhrijjohom min haitho akhrajjokom” [1], they expelled you, naturally you should return to your own place. If someone fired you from your home, it is an eviction order.

Of course, regardless of the text and regardless of the criterion of centrality of the text, the reason of dictates that one should fight against oppression and take the right, because the right is to be taken and the right is not to be given. The right cannot be obtained through negotiation, especially with respect to someone who is oppressive and usurper and has given in to usurpation out of knowledge, and in an interpretation of that verse of the Qur’an, it says: [2] The fact that someone is oppressed, the oppressor is given permission to kill, in order to get rid of oppression, and in the beginning of Islam, this story was actually true, and actually the people of Makkah, who were emigrants, emigrated from their own land, and in an interpretation of they ran away from their oppression, naturally they should return to their own land and claim their right, and the passage of time does not negate this issue.

– Based on Shari’ah laws, is it possible to do any action in the field of war or not?

There is a general rule, and that is that war does not justify double oppression; That is, you cannot mutilate in war, you cannot kill the elderly in war, you cannot kill children, you cannot torture people. Only things that justify war are necessary.

But on the other side, we are facing something called legitimate defense. In it, things that are normally denied are justified in legitimate defense. In other words, in some cases, if the war is to be realized and the enemy stops usurping, one should behave, which may not be permissible according to the first ruling of this behavior. For example, in a war, rockets, cannons, or tanks may be used, and along with this attack, some people who are involved in the war will also be killed, because basically killing children, old women, and old men independently. It is not allowed, but if due to the war in a place where there is no other choice but to do so, if you want to shoot rockets, they (children, old people, etc.) also exist in this environment, naturally, in legitimate defense, these people are the independent targets.

Compare this with the Zionist regime, whose prime minister officially declares that we are hitting schools, we are hitting mosques, we are hitting hospitals, we are killing children, they are officially announcing and doing this behavior. But in the opposite area, and from the Palestinian fighters, this never happens, and they do not and have not done these things that belong to the civilian environment. Rather, there are cases in this recent war that despite the propaganda that the Zionists have made and stated that Hamas fighters beheaded children or stripped women, but in practice it turned out that this did not happen, but the humanity behavior has been provided to the children and women living in the occupied areas.

Add this to the fact that in the field of war, the topic of discussion is an important point. Who is a soldier or who is a civilian is an important point. In our jurisprudence, this interpretation is mentioned that; If a woman or a child or an old man picks up a weapon, he no longer has the status of women and old women exempted from war, naturally the title of enemy is true for them and they should be treated as hostile towards them.

– From the other point of view, is there no difference between the citizens of the Zionist regime and the citizens of other countries?

From the thematic point of view, it should be kept in mind that the citizens of the Zionist regime, whether male or female, are all soldiers of that country, that is, they must go to the army, and even if their military time is over, they must all be called to serve until middle age, and if they must participate, or they must participate in the cautionary period. The same story exists now. Therefore, as men and women, they receive military training and actually fight against the Palestinians. Naturally, these same citizens who are outwardly citizens, but actually they are actual or potential military forces, so they cannot be considered as unarmed ordinary citizens. At the same time, we see in these days that the Palestinian forces did not actually hit unarmed people in a special way, or there were cases where there were women or children, according to the interviews of these Zionists themselves, Hamas fighters had nothing to do with them and practically killed them. They did not subject them to harassment, oppression or injury, and naturally they did as much as these Palestinian people should shoot a rocket. And of course, the Palestinians, like Iran, do not have pinpoint missiles that can only be fired at the same area, or the targeting includes areas that are designated for military space only. And for this reason, according to international statistics, these behaviors are under legitimate defense, unless they go in a special way and behave like the Zionist regime and only kill children, attack schools, attack hospitals, attack mosques, naturally, these are in every war is prohibited, and they should naturally leave the area of ​​aggression.

Even though we can point to people in the occupied territories who are practically citizens, they are practically incapable of fighting, they practically do not take up arms, but because they are citizens of the Zionist regime, they are complicit in the usurpation, and practically by usurping the land Palestinians live there, so they cannot be considered as innocent citizens.

I just want to point out one or two things that the late Imam has interpreted in his address to Mr. Fathi Shaqaqi. “Jews immigrating to Palestine are different from Jews in other countries. Jewish immigrants (armed or unarmed) (state or non-state) are all usurpers and enemies. Naturally, the sentence of the enemy is imposed on them, not the sentence of the citizen.

You are reminded that today the governments that have problems with the Islamic Republic of Iran and are considered enemies, governments such as America or France, practically do not prohibit their citizens from entering the country of Iran, because they are not enemies, but the citizens of the Zionist regime have the right to enter the country. They do not have Iran, because their citizens are enemies, they will not enter the country of Iran. There is a difference between a citizen who knows and has knowledge that this country is usurped, who knows that he is living in someone else’s house, who knows that others who have been exiled and are living in camps in another country and these have usurped their homes, and of course it is not possible to deal with this usurper as a normal citizen.

I would like to point out the point of the Supreme Leader, who says: This Zionist regime is not a country, but a barracks. When it is a barracks, naturally, what is in the barracks is considered as an enemy, even if there are children, women and old women in it. At the same time, if we consider the Zionist regime as a garrison and consider everyone as an enemy. Again, in the war, the ethics of war and humanitarian rights do not allow to specifically attack and destroy the helpless people, or to inflict additional harassment on them, which naturally did not happen in this recent war, and naturally no one did this. It does not justify the premise.

On the other hand, in the logic of the Zionist regime, this logic is institutionalized that Muslims and Arabs must be killed. There are many statistics and numbers, videos and images. However, there has been some exaggeration regarding the behavior of Palestinian Muslim fighters, but the reality is not what they are oppressing. Rather, the Zionist propaganda space is actually turning into a place of oppressors and oppressors.

– In the end, if there is any point, let me know.

The last thing I want to point out is that in our jurisprudence, not only regarding the Zionist regime, but also in other wars, we have a ruling called “Tetres”. The ruling of fear means that if a Muslim is on the war front and the enemy uses this Muslim as a human shield and puts him in front of his tank or car and wants to stop the influence of the Islamic Army through him, in order to maintain the system and to defeat the enemy, even spilling the blood of this person and destroying him is allowed; Because if this does not happen, that battle front will naturally fall and the possibility of victory will be lost and the enemy will be exploited. Naturally, it is not the case that the blood of this person is permissible, but it happens in the form of necessity and urgency, and naturally, in the next step, the treasury must pay his money and respect the Muslim person who has been used as a human shield. Even if there is an emergency, a death sentence may be issued for him.

Of course, regarding the Zionist regime, considering that if there is no attack by the Palestinians, the issue of usurpation will remain, and in the atmosphere of negotiations, they will never reach their homes, and the opposite party is the Zionist regime, which practically does not comply with international rules. From the positions of his usurper, it does not even obey the decisions of the international domination system, and it does not bow to them, there is no other option than armed war, there is no option but to use military tools and legal and customary tools, which of course were used in the recent war and this legitimate right is also recognized in international law and naturally they use it and there is no other way but this; Because the issue of legitimate defense cannot be achieved except through this work.

Those who, God forbid, interpret the behavior of Palestinian fighters under oppression, should be reminded to look at the whole story. Because the Zionist regime has not only usurped the land of Palestine, but also confined and imprisoned many people in the narrow area called the Gaza Strip and deprived them of many of their rights. These people, in the form of a legitimate struggle, defend their original rights, and pursue the attainment of their rights, which cannot be achieved except by fighting. At the same time, they don’t show immoral behavior, they don’t attack specific places of unarmed and helpless people, but the system of domination considers them as oppressors through the means of propaganda, while the usurpers, not only they defend the continuation of their usurpation, but also they emphasize the continuation of oppression, as the current Prime Minister of the Zionist regime, in a meeting with the then US Secretary of State (Hillary Clinton), emphasized the increase in human casualties in civilian environments and stated: Due to the necessity of attacking children, they attack schools, universities, hospitals, mosques, etc. and are proud of it.

In summary, while confronting the enemy, tyrant and usurper, is accepted in the world logic, ethics in war yes, humanitarian rights in war yes, but the scope of legitimate defense and what is in legitimate defense in our jurisprudence. And what exists in the field of international law have been recognized. Not only is it allowed; Rather, it is necessary for the countries to fulfill their rights against the oppressor and against the usurper and push the enemy back, God willing.