Jurisprudential and Legal Foundations of Martyrdom Operations in the Defense of Islamic Sanctities

Abstract

Martyrdom operations, as one of the forms of jihad in Islam, have been particularly emphasized under specific circumstances, especially in the defense of Islamic sanctities. This study examines and analyzes the jurisprudential and legal foundations of martyrdom operations in the defense of Islamic sanctities. The article first explores the diverse viewpoints of Islamic jurists regarding the legitimacy of such operations, and subsequently compares these perspectives with the principles of human rights and international law. The study also addresses the social and political implications of martyrdom operations in both Islamic and international contexts, illustrating that while such actions are considered a legitimate defense of Islam in some societies, from an Islamic jurisprudential perspective, jihad is viewed as a religious duty and a form of defense of faith and sanctities, within which martyrdom operations can be contextualized. Nevertheless, differences of opinion among jurists persist—some deem these operations legitimate, while others, particularly in the modern era, regard them as conditional or impermissible. The findings of this research reveal that martyrdom operations in defense of Islamic sanctities face serious challenges in the contemporary world. The divergence among jurists regarding their legitimacy, especially under present conditions, signifies the necessity of reexamining the jurisprudential foundations. International law and human rights principles—particularly the distinction between civilians and combatants and the prohibition of deliberate harm to noncombatants—affect the legitimacy of such operations. While martyrdom operations may be perceived as lawful within Islamic societies, they are often regarded globally, particularly in the West, as acts of terrorism. Therefore, a reconsideration of the jurisprudential and legal foundations, in alignment with contemporary developments and international obligations, is essential.