Reviewing and Identifying Sharia Rules Governing International Relations

Document Type : Original Independent Original Article

Authors

1 Assistant Professor Department of Fiqh and Islamic Law, at Bozormehr University of Qaenat , Qaen, Iran.

2 Visiting Lecturer at Bozorgmehr Qaenat University.

Abstract

In today's world, described as a global village, countries inevitably need to expand their interactions, collaborations, and international relations with each other. No country can claim to be self-sufficient, as thriving in the new global order is virtually impossible without transnational ties. States must regulate their relations with the rest of the world; Islamic states, additionally, must consider Sharia frameworks and norms when forming their international interactions. The term "governing rules of international relations" means that Muslims must adjust their relations with non-Muslim states in conformity to these guidelines. Given the gap in research, the present study employs a descriptive-analytical approach and problem-oriented perspective to explore the written Islamic heritage. The findings indicate that according to Sharia teachings and the opinions of Islamic jurists, four fundamental principles can be considered as the foundations of Islamic international relations: 1) The Rule of Dignity (Karāmah), 2) the Rule against Defamation of Religion, 3) Rule of Denying Means (Nafy al-Sabīl), and 4) Rule of No Harm (Lā Darar) with the Rule of Obligation (al-Iltizām) also being a subset and function of this rule.

Highlights

Introduction

There are differing perspectives in Islamic jurisprudence concerning human life. While some accept the application of jurisprudential teachings solely in the personal realm, this view conflicts with the general theory and common perspective of Imamiyya jurists, who believe Islamic jurisprudence encompasses all aspects and spheres of human life. Among the Islamic sciences, jurisprudence is the most prominent one and the subject of scholarly disagreements. The significance of this field, as one of the most extensive Islamic sciences and bodies of knowledge, lies in its exploration of the dos and don'ts of Muslim life. Politics is a dimension of human life that can be examined under religious rules and principles. Political theology is a term employed by prominent political theorists and scholars when discussing the relationship between religious thought and political issues. Along similar lines, the term political jurisprudence has emerged in contemporary jurisprudence as a collection of jurisprudential discussions relating to political behavior and the study of politics. It determines the religious duties within the political lives of believers, perhaps all citizens of an Islamic society, and articulates the optimal system of governance based on valid and reliable Sharia sources. Importantly, the present era requires governments and states to rely on transnational ties to survive. They inevitably need to expand cooperation and strengthen international relations. No country can be found to be independent of international relations. Accordingly, Islamic governments should adhere to Sharia standards and criteria when regulating their international interactions. This ensures that all interactions and communications between an Islamic government and other governments are evaluated and endorsed by the principles of Islamic Sharia.

 

Methodology

The present study employs a descriptive-analytical approach. Data were collected through library research and examination of the written Islamic heritage. After explaining the main concepts under examination, the authors identified and explained the available evidence related to the topic and scrutinized the issue extensively.

 

Findings

The present study first highlighted the necessity of formulating and extracting rules of international jurisprudence. It directed attention to the fact that in the current era, the relations between human societies are so intertwined that no nation can live isolated from other nations. Subsequently, the paper attempted to extract relevant jurisprudential rules. Almost all aspects of human life fall within the realm of Islamic jurisprudence, which considers itself the point of reference for all kinds of current and future human issues. Foreign policy and international relations, as important sub-branches of politics, are also among the topics that can be discussed under the rules and principles of Islamic jurisprudence. More particularly, according to Article Four of the Constitution, the legislator must formulate the governing laws and principles of the country (including domestic laws and foreign relations) in accordance with Sharia teachings and principles. Moreover, the scope of interactions and communications between states has undergone significant development in today's expanded communication and human progress. Hence, states are inevitably compelled to interact with one another in the international arena. The present study attempted to review the jurisprudential heritage and extract general jurisprudential rules and principles concerning the international relations of the Islamic community. According to Sharia teachings, as derived from the opinions of Islamic jurists, four fundamental rules can be considered the foundation of Islamic international relations: 1) The Rule of Dignity, according to which contracts or relations that somehow undermine the dignity of the citizens of the Islamic community must be avoided; 2) the Rule against Defamation of Religion, according to which a hateful image of Sharia must not be presented to public minds of the globe. While the enemies of Islam always view the teachings of Sharia negatively, Muslims must not commit certain acts that prepare the ground for their offensive propaganda; 3) The Rule of Denying Means, according to which any kind of relationship or transaction that leads to the domination of foreigners over Muslims is rejected, whether political, economic, cultural, or military; 4) The No Harm Rule, based on which the Islamic state must support the rights of Muslims in other countries by stipulating enforcement measures and treat the citizens of other countries subject to their respective laws in a reciprocal manner.

 

Conclusions

The necessity of maintaining effective international relations has gained considerable significance in recent decades due to the increased frequency with which states and governments engage on a wide range of issues (economic, political, social, etc.), the proliferation of global communication networks, and the interconnectedness of states. Therefore, it is worthy for Islamic states to observe certain Sharia boundaries and demarcations in establishing transnational relationships and regulate their relationships according to Sharia teachings. The current study has undertaken a distinctive investigation in comparison to previous research by adopting a holistic, foundational, and global perspective on the matter. Additionally, it has derived and developed jurisprudential principles pertaining to the subject matter. This approach has been largely neglected in other studies. The paper explicated the necessity to formulate and extract rules of international jurisprudence and directed attention to the fact that in today's world, human societies' relations are so intertwined that no government can survive isolated from other nations. Afterward, relevant jurisprudential rules governing the realm of international relations were extracted. The meaning of these rules is that Muslims must regulate their interactions and communications with other non-Islamic governments according to these guidelines, which have been formulated in Sharia. Therefore, the present study has identified and explained four rules, including the Rule of Dignity, the Rule against Defamation of Religion, the Rule of Denying Means, and the No-Harm Rule, with the Rule of Obligation (al-Iltizām) also being a subset and function of this rule.

Keywords

Main Subjects

References

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