A Reevaluation of Legitimacy of Supererogation Operations in the Light of Right Entitlement Theory

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Vahid Aboulmali Alhoseyni ¹ (Instructor of criminal law and criminology, Damavand branch, Islamic Azad University of Damavand, Iran.)
Hamed ghuchani Pour ² (criminal law and criminal logy)

Received: 2023-05-07 Accepted : 2023-07-02 Published : 2023-09-23

Keywords: Self-Control, Entitlement theory, supererogation operation,

Abstract :

Legitimacy or illegitimacy of supererogation operations is one of the ongoing discussions of jurisprudence and law. For answering the question whether man has the right to conducting supererogation operations, first the concept of right must be analyzed and human’s different rights must be determined. Then man’s right to his self and the amount of domination he has over his it must be determined. Later, the conditions required for a supererogation operation to be considered to include Jihad reasons must be specified.This way we can respond to this question whether supererogation operations are legitimate or not. In the present paper it is concluded that considering man’s absolute right to be a perfect one and also the fact that man has complete control over his self unless there is a logical or religious restraint, in a supererogation operation in which a person is required to defend an Islamic land against aggressors, his actions are justified by Jihad reasons on condition that there is no other way for defense. Therefore the person has the right to it.