نوع المستند : المقالة الأصلية
المؤلفون
1 أستاذ، معهد البحوث للثقافة والفكر الإسلامي، طهران، إيران
2 دكتوراه، قسم القانون الدولي، جامعة رضوي للعلوم الإسلامية؛ المستوى الرابع، حوزة خراسان، مشهد، إيران
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلفون [English]
The emergence of Islam in the seventh century CE, as a historic and transformative event, carried a universal mission to guide humanity toward divine truths. Divine prophets, particularly Prophet Muhammad (peace be upon him and his household), played an unparalleled role in civilization-building, fostering social and international relations, and promoting a culture of justice. In the Islamic legal system, diplomatic relations and their associated rights hold a distinguished position, to the extent that the institution of embassy and diplomacy is considered among the most significant religious teachings. These teachings are evident in the Prophetic diplomacy. Prophetic diplomacy refers to the activities and measures undertaken by the Prophet as the leader of the Islamic state, as well as through his appointed envoys, to achieve the overarching policies of the Islamic government in the realm of international relations. The lofty goals and general guidelines of Islamic policy, along with the interests of the Islamic ummah, shaped the Prophet’s diplomacy. During his mission and governance, the Noble Prophet carried out unparalleled initiatives in this field. The drafting and dispatch of letters and the sending of envoys to the leaders of other nations, particularly the major empires of the time, were unprecedented in their own right. The conduct of the Noble Prophet in diplomacy, including the dispatch and reception of envoys, as well as the privileges and immunities granted, can serve as an inspiration for elucidating international relations and international law. Diplomatic immunity and privileges are among the key principles in the field of international law, with deep historical roots. In Islamic teachings,
these rights are not only recognized but also emphasized as a fundamental element in global relations. The central question of this research is: What are the foundations of diplomatic immunity and privileges in Islam? The findings of this research, conducted using library resources and a descriptive-analytical method, indicate that the principle of aman or immunity (Quranic verse 6 of Surah al-Tawba) and maslaha (public interest) are among the most significant Sharia-based foundations of this institution. The research results regarding the foundations of diplomatic immunities reveal that, although states throughout history have reluctantly accepted these immunities, their practical necessity for ensuring the safety and operational independence of diplomatic agents has led
to their ultimate acceptance. Among the existing legal theories (representation, extraterritoriality, and functional necessity), the Islamic legal system, while rejecting the theory of extraterritoriality, aligns with contemporary international law by emphasizing the theories of representation and functional necessity. Furthermore, the foundations of diplomatic privileges in Islam are based on the principle of reciprocity, meaning that the granting of privileges and exemptions to foreign envoys is contingent upon similar treatment of Muslim diplomats in other countries. This principle, emphasized in Islamic jurisprudential texts, aligns with Article 34 of the 1961 Vienna Convention in contemporary international law. The findings of this research demonstrate that Islamic jurisprudence, by integrating legal reasoning with ethical values, has established a balanced, effective, and advanced framework for diplomatic relations. This framework, while upholding Islamic principles and values, is fully compatible with international standards. The Islamic legal system can serve as a suitable model for the development of contemporary diplomatic law.
الكلمات الرئيسية [English]