According to the Research Institute of Contemporary Jurisprudence, citing Fars News Agency, Ayatollah Sayyid Mujtaba Nur Mufidi, President of the Research Institute of Contemporary Jurisprudence, in an interview with the Seminary and University desk of Fars News Agency, explaining the jurisprudential, legal, political, and security dimensions of the demand for retaliation raised by the people during the funeral ceremony of the Supreme Leader of the Islamic Revolution, Grand Ayatollah Martyred Imam Khamenei, emphasized: “This demand is not merely an emotional reaction; rather, it originates from insight, awareness, and public will to continue the school of the martyred Imam, preserve the dignity of Islamic society, and secure national interests.”
Pointing out that the demand for retaliation was raised extensively during the funeral ceremony of the martyred Leader in the cities of Qom, Tehran, Mashhad, and even in Najaf and Karbala, he stated: “Reflecting this demand in the Supreme Leader’s message was in truth a reflection of a public desire; because the leader of society bears the duty of pursuing and following up on public demands.” The President of the Research Institute of Contemporary Jurisprudence added: “The fact that this demand took shape among the people demonstrates that the subject is not merely an emotional reaction. Of course, people’s feelings were severely wounded by the enemies’ assault on the government, the head of government, and the Imam of society, stirring public emotions; however, raising this demand extensively in the funeral ceremony goes beyond a passing emotion and demonstrates insight, awareness, and the people’s emphasis on continuing the school of the martyred leader and the school of Sayyid al-Shuhada (a).” He continued: “There are various ways to demonstrate the vitality of the school of Sayyid al-Shuhada (a), one of which is avenging blood—the very issue raised following the martyrdom of Imam Hussain (a), based on which uprisings were formed. From this perspective, the demand for retaliation must be considered an emotional, revolutionary, and conscious reaction against the enemy’s criminal and brazen act.”
Ayatollah Noor-Mofidi, stating that the Supreme Leader’s emphasis on this topic contains vital points, said: “The issue of retaliation possesses jurisprudential, legal, and customary foundations, as well as political and national security dimensions, holding special importance from each of these perspectives.”
Explaining the jurisprudential foundations of this demand, he stated: “Martyring the Imam of society and the ruler of Islamic society is the greatest oppression against Islamic society and the greatest crime against it; hence, demanding retaliation and legal retribution (qisas) against the perpetrators and commanders of this crime is considered an act against enemies and toward negating their dominance.”
This professor of advanced jurisprudence in the Islamic Seminary added: “When retaliation against commanders and perpetrators is demanded, this desire based on the rule of Negation of Means (Qa’idat Nafi al-Sabil) and negating enemy dominance is completely legitimate and acceptable. In addition, the insult, offense, and humiliation embedded in this criminal act dictate that Islamic society pursue such a demand to preserve its dignity; therefore, both negating oppression and negating humiliation, which are rules emphasized in Islamic jurisprudence, serve as backing for this demand.”
Referring next to the status of legal retribution (qisas) in Islamic jurisprudence, he noted: “In Islamic jurisprudence, retribution even for an ordinary individual is considered a right for the heir of blood (wali al-dam), and the Holy Quran introduced it as the source of life for society. Now, if the oppressed person martyred is the leader of society and the Imam of society, and his heir of blood in one sense is the general Muslim public and in another sense the Imam of society himself, then taking action for retribution and retaliation will definitely assist the life of Islamic society, continuation of resistance, and endurance of the martyred Imam’s school, which itself is a sign of the vitality and dynamism of Islamic society.”
The President of the Research Institute of Contemporary Jurisprudence specified: “From a jurisprudential perspective, this matter is not only the right of the Iranian nation, but the right of all Muslims, and even beyond that, it is considered a Sharia duty; meaning it is both a right and a duty, and from this aspect no doubt or dispute exists regarding it.”
Addressing next the legal dimensions of this issue, he said: “From an international law perspective as well, this act runs contrary to the international responsibility of states; because the commanders and perpetrators of this crime originated from a state and government. Therefore, this act is considered a violation of state international responsibility and possesses capability for legal follow-up and demand in the international arena. Although methods of this follow-up vary, the principle of the right to demand is completely defensible and pursuable.”
Ayatollah Noor-Mofidi, in another part of his speech, pointed to the deterrent aspect of demanding retaliation, adding: “If the enemy observes that it can target the highest official of a country and the nation’s sensitivity toward this crime is low, it will become bolder to repeat such actions; however, when the people with fervor, outcry, and full capability demand retaliation, and this demand is accompanied by necessary measures, the cost of such crimes for any enemy will increase, playing an important deterrent role.”
He emphasized: “Demanding retaliation and pursuing it is in truth necessary for preserving national interests as well.” This seminary professor, stating that the Iranian nation and Muslim nations have well understood this truth, expressed: “This demand exists not only among participants of the martyred Imam’s funeral ceremony, but in the deep hearts of the overwhelming majority of the Iranian nation, even among those who might harbor criticisms regarding certain issues. Likewise, among the nations of the region, this expectation exists as a natural desire, although in certain countries the possibility of expressing it openly might not be available.”
The professor of advanced jurisprudence in the Islamic Seminary of Qom added: “From whatever angle this issue is viewed, its importance for the future of the country, preserving the position of the Islamic Republic, creating a sense of national pride, strengthening public trust, and solidifying the foundations of religious and Islamic governance is clear. For this reason, the Supreme Leader also reflected this public demand in his message and emphasized it, as this topic is a multifaceted issue and cannot be passed over or ignored.”
Concluding his remarks, Ayatollah Noor-Mofidi, emphasizing that the issue of retaliation must not be reduced to a limited action, noted: “Retaliation possesses operational methods, mechanisms, and form, and one must both broaden its field scope and pay attention to its depth.” He continued: “This demand must be pursued simultaneously across various arenas, including the field, diplomacy, international courts and authorities, international organizations and bodies, media, and other existing capacities, and a comprehensive roadmap must be designed for it to utilize all capacities for realizing this public desire and demand upon which the Supreme Leader also emphasized.”
The President of the Research Institute of Contemporary Jurisprudence emphasized in conclusion: “This topic must not be restricted to certain realms or specific actions; rather, with a comprehensive and all-around perspective, all existing capacities must be employed to pursue this public demand.”
Source: Fars News Agency