درخت حوزه‌های تخصصی

Background and Theoretical Foundations: Throughout history, humanity has always been involved in numerous crises, including war and bloodshed, and their undesirable consequences and effects. Establishing peace and resolving conflicts has always been of interest to scholars, and accordingly, two main views have been put forward in this regard under the headings of "the originality of peace" or "just war". Meanwhile, sea bandits or piracy, which have a very old history and are as old as the history of human domination of the sea, have become a serious threat to the security of international trade in recent years, since 2008, due to reasons such as changing the behavioral pattern of pirates who often take hostages and extort money. The crime of piracy is one of the first international crimes with global jurisdiction, and has always been the subject of discussion among scholars of various legal systems. One of the important issues in this regard is how to establish peace or a just war with this phenomenon. Methodology: In this research, which uses a descriptive and analytical method, piracy was studied in a comparative manner from the perspective of just war theory in Islamic jurisprudence and international law. The data collection tools in this qualitative research are the use of library resources and texts, and electronic journals, with a common approach in identifying and critiquing the research conducted. Findings: It shows that the Islamic legal system and international law have presented mostly similar and sometimes different views in this regard, but ultimately, both legal systems support the observance of ethical and humanitarian principles. Conclusion: The results show that today, the issue of war is an important issue and challenge that can only be accepted when it is accepted as a just challenge in the international arena. Therefore, considering the principles of international law and the actions of pirates, in many cases there are many similarities with the term war in Islamic jurisprudence, and their behavior and actions, which often lead to the deprivation of sea security, can be considered as war, but observing the principles of just war is both essential and of fundamental importance in the Islamic legal system.