The Official Iranian Version Regarding Khamenei's Alleged Anti-Nuclear Weapons Fatwa Is A Lie.HT: Memri.By: Y. Carmon and A. Savyon*
Introduction
Iran's official position on the publication of the alleged fatwa by Iranian Supreme Leader Ali Khamenei regarding nuclear weapons is expressed in two main open sources:
1) In mentioning the alleged fatwa in an interview, Iranian President Hassan Rohani referred to a 2004 Friday sermon by Khamenei (see Appendix: Iranian President Rohani's May 2012 Reference To Khamenei's Alleged Fatwa, in which he refers to the publication of the fatwa which he claims Khamenei issued in November 2004) and explained that he himself had initiated the presentation of this fatwa to the EU3 as a guarantee that Iran is not striving to produce nuclear weapons.
2) In March 2012, Supreme Leader Khamenei was asked by an Iranian group to issue a fatwa on nuclear weapons, and subsequently announced his answer.
Below is an analysis of these two sources proving that the Iranian regime's claim that such a fatwa exists is a lie:
Khamenei's November 5, 2004 Friday Sermon
First of all, it must be clarified that when Iranian President Rohani mentions the alleged fatwa, he refers to a November 5, 2004 Friday sermon in Tehran by Khamenei, and not to a fatwa (see Appendix). The same is true for all references to the fatwa by members of the Iranian regime, who claim that they are referring to a fatwa by Khamenei but in fact are referring to speeches, sermons, statements, or communiques sent to foreign elements by Khamenei. There is never, and in no case, any reference to a fatwa.
Khamenei maintains two websites (here and here), both of which include a special section devoted to fatwas that he has issued. Sermons, statements, and communiques are not included in either of these fatwa sections.
Furthermore, the content of this 2004 sermon must be analyzed to see whether Khamenei's reference to nuclear weapons in it includes a jurisprudential ruling that nuclear weapons are forbidden.
In the sermon, Khamenei said about nuclear weapons: "They see that the Islamic Republic [of Iran] has held its head high under all these pressures, and, contrary to their expectations – [i.e. that they would] strangle it under these pressures – [Iran] now stands fast, chest swelled, by means of the living nation, and all the youth, and it disregards the threats.
"Accordingly, the enemy is stressed, and for that reason levels accusations [against us] that 'they [i.e. we] want to develop nuclear weapons.' No, we are not thinking about nuclear weapons. We have said several times that our nuclear weapon is this [Iranian] nation. Our nuclear weapon is this youth. We do not want nuclear weapons. The regime that has all this believing youth and this united nation needs no nuclear weapons.
"Nuclear weapons, their production, storage, and use – each of these is problematic. We have also expressed our jurisprudential opinion. It is clear, and everyone knows. The argument is not about this [issue]. They [the enemy] only say this [i.e. that we want nuclear weapons]; they themselves also know. They are embittered by the fact that the Islamic Republic has achieved such progress. That is the issue."[1]
From the above statements, it is clear that Khamenei is not referring to the issue of nuclear weapons as a jurisprudential prohibition, but as "problematic" issue (eshkali). It should also be noted that the fatwa of a jurisprudent is in essence the setting out of what is forbidden and what is permitted from the jurisprudential standpoint, and that it is not the mere depiction of any matter as "problematic."
It should further be clarified that in the regime's records of sermons by Khamenei, there is a clear differentiation between the jurisprudential ones – that is, the fatwas – and the political ones; the regime has placed this particular sermon in the political section, not the jurisprudential section, of the records.
Indeed, this political statement, which includes no ban of any kind, is not found in the fatwa section of either of Khamenei's websites – neither as a fatwa in itself, nor in any reference whatsoever to the sermon.
Khamenei's Response To The 2012 Request For A Fatwa On Nuclear Weapons
In 2012, Khamenei was asked by an Iranian group called The Light of Freedom (Cheragh-e Azadi) to issue a fatwa on the topic of banning nuclear weapons, but he refrained from doing so. Had Khamenei issued any such fatwa on this topic in the past, it is logical that he would have mentioned it in response to this request.
Khamenei also refrained, in the context of the request for a fatwa, from mentioning any of his statements, sermons, and communiques on the matter – even though he had spoken of them on previous occasions. That is, he refrained from linking them in this context to the issuing of a fatwa.
Khamenei's answer to Cheragh-e Azadi was that the issue on which their question was being asked had no jurisprudential aspect – and that when it did have a jurisprudential aspect, he would give an answer. His concluding jurisprudential opinion stated: "No answer was given."
The following is a translation of Cheragh-e Azadi's request and of Khamenei's reply (emphasis MEMRI's):
"Q: Your Excellency has announced a ban on the use of nuclear weapons, and considering that nuclear weapons are a requirement for deterrence and that the aim of obtaining them is to intimidate the enemies in order to prevent them from acting aggressively, and in light of what is written in Surat Al-Anfal, Verse 60... is it also forbidden to obtain nuclear weapons, as per your ruling that their use is prohibited?
"A: Your letter has no jurisprudential aspect. When it has a jurisprudent position, then it will be possible to answer it.
"Summary: No answer was given."[2]
Other Explanations For The Absence Of Khamenei's Fatwa On Nuclear Weapons
A number of observers in the West have made various claims in an attempt to explain the absence of Khamenei's fatwa on nuclear weapons, including the following:
1) Khamenei's statements in and of themselves constitute a fatwa
2) A fatwa can be given orally
3) According to studies examining medieval fatwas, a fatwa has no fixed format; it does not always involve someone asking a question, but is initiated by the jurisprudent himself.
Again, it must be clarified that Khamenei maintains two websites with sections devoted to his fatwas, where he publishes his jurisprudential rulings. What is relevant here is how Khamenei himself publishes his jurisprudential opinions – not how it was done centuries ago. This is the standard by which the issue of a fatwa banning nuclear weapons must be measured.
It is inconceivable that Khamenei would diligently adhere to a fixed, accepted format for all fatwas that he issues on all topics except for a fatwa on the topic of nuclear weapons, which is of such tremendous international importance. There is nothing to prevent him even today from drafting a brief jurisprudential ruling on this topic and publishing it on either of his websites – in addition to publishing his political statements. Moreover, it would be perfectly appropriate for all of his political statements on the issue of nuclear weapons to appear on his fatwa websites, if he wanted to imply that he himself considers them to be fatwas. But he does not even do this; his political statements are found in other sections of his websites, not the sections dedicated to his fatwas, and no fatwa that he has published includes any reference to nuclear weapons (see MEMRI Special Dispatch No. 5406, Release Of Compilation Of Newest Fatwas By Iranian Supreme Leader Khamenei – Without Alleged Fatwa About Nuclear Bomb, August 13, 2013).
The claim that Khamenei's oral statements themselves constitute fatwas nullifies the meaning of the concept of the jurisprudential fatwa. If every one of Khamenei's statements, speeches, or sermons is considered a fatwa, then so is his 2012 criticism of Libyan leader Muammar Qadhafi for handing over all his secret nuclear installations to the U.S. in exchange for favors from the West. This statement by Khamenei came later than his previous statements on the issue of nuclear weapons, and therefore nullifies them. Khamenei said in his March 20, 2011 (Mashhad 1390) Persian New Year address: "This gentleman [Qadhafi] wrapped up all his nuclear facilities, packed them on a ship, and delivered them to the West and said, 'Take them!' Look in what position our nation is, and in what position they [i.e. the Libyans] are [now]."[4] Read the full story here.
*Y. Carmon is President of MEMRI; A. Savyon is Director of the Iranian Media Project at MEMRI.
Hmmm.....I've posted many times here on MFS on this topic here's a summary:
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