Just a decade ago, President Barack Obama used his Nowruz address to express his optimism about resolving the nuclear impasse with Iran. “I believe that our countries should be able to resolve this issue peacefully, with diplomacy. Iran’s Supreme Leader Ayatollah Khamenei has issued a fatwa against the development of nuclear weapons,” he declared. Secretary of State John Kerry also cited the supposed fatwa as evidence of Khamenei’s sincerity.
Both Obama and Kerry, diplomats, the Biden administration, and European officials continue to treat the fatwa as an unwavering commitment with the force of law. They are wrong on two counts: First, they misunderstand fatwas in general and, second, it is unclear that any such nuclear fatwa exists.
Fatwas are not sacrosanct; ayatollahs can alter and rescind them.
Theologically, ayatollahs issue fatwas in response to questions followers or courts pose to them. Many ayatollahs today maintain websites categorizing and listing their fatwas. Fatwas are not sacrosanct, however; ayatollahs can alter and rescind them. For example, Ayatollah Ruhollah Khomeini issued a fatwa banning chess, which he later rescinded. More broadly, changing circumstances can lead to a fatwa’s abrogation.
On Supreme Leader Ali Khamenei’s official website, the origin of the nuclear fatwa supposedly was a statement rather than a fatwa; regardless, the page was subsequently deleted. Khamenei’s message to the First International Conference on Nuclear Disarmament and Non-Proliferation stated, “In our view, in addition to nuclear weapons, other types of weapons of mass destruction, such as chemical and microbial weapons, are also regarded as a serious threat to humanity. The Iranian nation, which itself has been a victim of chemical weapon use, feels the danger of the production and accumulation of such weapons more acutely than other nations and is prepared to mobilize all its resources to counter them. We consider the use of these weapons forbidden, and we regard the effort to protect mankind from this great calamity as everyone’s duty.”
The Iranian Embassy in France cites this statement, even though it lacks any religious mandate. Inconsistency characterizes political speech. While Iranian Foreign Minister Seyyed Abbas Araghchi stated on Al Jazeera, “There is an explicit fatwa from the Supreme Leader declaring that the production, maintenance, and use of all weapons of mass destruction, including nuclear weapons, is forbidden, and you fully understand what ‘forbidden’ means.” Former Foreign Minister and Vice President Mohammad Javad Zarif likewise repeatedly cited the fatwa, telling international officials that Khamenei’s religious ruling makes it impossible for the Islamic Republic to build a nuclear weapon.
"[D]efending the country must be the foremost priority of your aspirations, and this can only be achieved by strengthening our military institutions.”
But Khamenei now takes a confrontational approach. “The army must strengthen itself day by day,” he declared last month. “This innovative effort, an inventive buildup that began a few years ago, whether in the Ministry of Defense, the Army, or the Islamic Revolutionary Guard Corps, must continue. Fortunately, our military organizations and defense industry have proven their worth, demonstrating that they can achieve great things. … You can accomplish even greater feats; defending the country must be the foremost priority of your aspirations, and this can only be achieved by strengthening our military institutions.”
Ebrahim Rezaei, spokesperson for the Iranian Parliament’s National Security and Foreign Policy Commission, said just last week, “If we build a nuclear bomb, we will bravely announce it.” Former Foreign Minister Kamal Kharazi likewise warned, “If the Zionists attack and strike Iran’s nuclear facilities, endangering Iran’s very existence, a reconsideration of the nuclear doctrine regarding the construction of an atomic bomb becomes likely.” Mohammad-Javad Larijani, a senior advisor to Khamenei, bragged that Iran could build a nuclear bomb within 24 hours.
Iranian leaders are hinting about a nuclear weapons drive. It is ironic that some U.S. and European officials place more faith in a supposed fatwa than those around Khamenei do.
