Note: Jurisprudential rules in each chapter of fiqh not only organize the process of legal deduction and may lead to results different from the past, but fundamentally discipline knowledge and make it methodical. The rules of jurisprudence in international relations are the subject of our conversation with Hujjat al-Islam wal-Muslimin Dr. Mohammad Malekzadeh. Although he obtained his PhD in political science, for many years he has been deeply specialized in Islamic international relations at the Research Institute for Islamic Culture and Thought. His books Soft Power in International Relations, An Examination of International Relations Theories from an Islamic Perspective, and The Strategy of Resistance in International Relations represent part of his efforts in this field. In this interview, he sought not only to name the jurisprudential rules of international relations but also to explain their important applications in the jurisprudence of international relations. The full text of Contemporary Jurisprudence’s exclusive interview with the assistant professor of the Politics Department at the Research Institute for Islamic Culture and Thought is presented below:

Contemporary Jurisprudence: What is the jurisprudence of international relations, and what areas does it cover?

Malekzadeh: Islamic scholars, inspired by certain narrations, have divided Islamic teachings into three parts: “beliefs,” “ethics,” and “practical rulings and laws.” Here, what scholars mean by “fiqh” is precisely the “practical rulings and laws of Islam.” In its literal sense, the word fiqh means understanding and comprehension—a comprehension that assists in deducing religious rulings. The activity a jurist performs to discover divine rulings is called deduction (istinbāṭ) or independent reasoning (ijtihād). Through ijtihād, the jurist identifies the obligatory and non-obligatory laws that God Almighty has legislated for humanity.

Thus, the purpose of fiqh is to discover divine rulings. Divine laws have not been explicitly and precisely stated for every event and subject, including international issues. The aim of the jurisprudence of international relations is to discover, through ijtihād and reference to jurisprudential sources and proofs, the laws pertaining to international issues.

In the arena of international relations, there are numerous ambiguities and issues that the jurisprudence of international relations is responsible for examining. A few examples are mentioned here:

The Issue of War and Peace

One of the most important issues in the jurisprudence of international relations today is the question of war and peace. Does Islam prioritize war or peace? There are differing opinions on this. The majority of jurists give primacy to peace and coexistence in relations with non-Muslims, unless necessity requires war. Imam Khomeini, based on his own jurisprudential foundation, stated: “We, following Islam, are always opposed to war and desire peace and tranquility among all countries. However, if war is imposed upon us, our entire nation consists of warriors.”

From this statement of the Imam, it can be inferred that Muslims, while possessing courage and the spirit of struggle, do not seek war and conflict without reason.

Dār al-Islām and Dār al-Ḥarb

In Islamic jurisprudence of international relations, the boundary between Muslims and non-Muslims is defined as Dār al-Ḥarb and Dār al-Islām. Based on this division, various jurisprudential rulings exist, a significant portion of which pertain to the jurisprudence of international relations. Regarding the meaning of this division and what exactly is intended by Dār al-Ḥarb and Dār al-Islām, no uniform interpretation has been offered, and differences of opinion persist.

Contemporary Jurisprudence: What are the specific rules of the jurisprudence of international relations? Please name a few.

Malekzadeh: Jurisprudential rules, in a simple definition, are general formulas that serve as a source and origin for extracting more specific laws on various topics. A jurist analyzes different issues in international relations based on jurisprudential rules. Some important jurisprudential rules in international relations include:

The Rule of Dignity and Honor (ʿIzzah and Karāmah)

In Islam, human dignity is emphasized as a fundamental principle. This principle is also one of the most comprehensive concepts in contemporary international human rights law. From both the Islamic perspective and modern international relations norms, human beings possess dignity and honor, and everyone must adhere to this principle.

The Rule of No Harm (Lā Ḍarar)

Based on the rule “Lā ḍarar wa lā ḍirār fī al-Islām” (There is no harm nor reciprocating of harm in Islam), no ruling that causes harm exists in Islam. No state, in the sphere of international relations, should cause harm to another state or states, and if harm occurs, it must be compensated.

The Rule of Nafiʿ Sabil (Denial of Domination)

The rule of Nafiʿ Sabil states: “And never will Allah grant the disbelievers a way [to triumph] over the believers” (Qur’an 4:141). According to this rule, the current global system of domination is called into question, because in Islam any action that leads to disbelievers gaining dominion over believers is impermissible.

Some principles of the Constitution of the Islamic Republic of Iran that oversee the rejection of domination include:

• Article 81 (prohibition of granting economic concessions to foreigners),
• Article 82 (prohibition of employing foreign experts except in cases of necessity and with parliamentary approval),
• Article 153 (prohibition of any contract that results in foreign domination over natural and economic resources, culture, army, or other affairs of the country),
• Clause 5 of Article 3 (complete rejection of colonialism and prevention of foreign influence), and
• Clause 8 of Article 43 (preventing foreign economic domination over the country’s economy).

Thus, based on the principle of Nafiʿ Sabil or rejection of domination, the current domineering interactions in the international system between Islamic and non-Islamic countries are called into question.

Fulfillment of Covenants and Pacts

The basis of this rule is the verse “Fulfill [your] contracts” (Qur’an 5:1). Article 10 of the Civil Code states that contracts concluded between countries—whether Islamic or non-Islamic—and treaties between an Islamic system and disbelievers that are concluded based on interests remain binding as long as the other party adheres to them, and the Islamic government cannot violate them.

The Rule of Conditions

The most important evidence for this rule is the prophetic tradition: “Believers are bound by their conditions.” According to this rule, any condition agreed upon between an Islamic state and other states (Islamic or non-Islamic) on a valid basis is binding.

The Rule Prohibiting Assistance in Sin

According to this rule, assisting oppressors and wrongdoers in committing sin and oppression is forbidden. Therefore, an Islamic government cannot cooperate with oppressive regimes in oppressing other countries.

The Obligation to Preserve Religion

In Islam, preserving religion and the Islamic system is among the most important obligations, to the extent that Imam Khomeini considered it more important than prayer and fasting. Accordingly, an Islamic country must spare no effort in defending against aggressors and enemies to preserve religion and the Islamic system.

[1] Qur’an 5:1 (Al-Māʾidah, verse 1).