Note: Dr. Hasan Abdi-Pour, apart from the responsibilities he has had in international arenas, himself also has an international approach and thinking. His extensive experience and numerous presences in scientific programs in other countries have placed him as one of the important experts in this arena. We asked him about the competitive advantages of fiqh of international relations for presence among the world’s jurisprudential and legal systems. He believes that the current fiqh of international relations by no means has the readiness for presence among the world’s legal and jurisprudential schools. He considers the necessity of this matter to be the reconsideration by the scholars of fiqh in the priorities, approaches, and structure of the knowledge of fiqh of international relations. The full text of the frank and candid conversation of the former director of international affairs at the Research Institute of Sciences and Islamic Culture with Contemporary Jurisprudence follows:
Contemporary Jurisprudence: What competitive advantages understandable by the contemporary world does international relations have for presence in the international arena?
Abdi-Pour: Fiqh of international relations, in the current conditions and after forty-five years of experience of the Islamic Republic system, has gained more importance than ever. This branch of fiqh strives to contribute to the realization of sustainable peace and security at the global level by utilizing religious teachings. Fiqh of international relations, while determining the obligations and duties of actors in the international arena, acts as a basis for formulating the foreign policy of countries and can be a guide for constructive and value-based interactions in the global scene.
For effective entry into the arena of fiqh of international relations, it is essential that this field have a coherent and comprehensive civilizational literature so that the possibility of dialogue and cooperation with other civilizations and cultures is provided. Also, considering that the West and the liberalism system in its discourse have addressed all political, economic, cultural, and educational domains and have specified the individual and social obligations of their followers, the development and expansion of fiqh in all dimensions and aspects of life is an inevitable necessity. Without this comprehensive development, entry into the international arena will face serious challenges, and the possibility of presenting a solid and efficient model based on Islamic values will not be possible. In other words, the development of fiqh in various dimensions is a fundamental precondition for effective and meaningful presence in the international arena and presenting an alternative and inspiring discourse.
The fundamental requirements for the development of fiqh of international relations are a new look at fiqh al-ikhtilaf, comprehensiveness, courtesy, and avoidance of extremism.
Also, for the development and effective application of fiqh of international relations in today’s world, observing essential preconditions seems necessary. One of these preconditions is the concept of “fiqh al-ikhtilaf,” which refers to the principled acceptance of disagreement and the promotion of a culture of real and constructive acceptance of it, not merely tolerance of disagreements. Alongside this, formulating specific jurisprudential rulings for confronting disagreement is essential, especially by distinguishing between constructive and destructive disagreements based on their effects and consequences.
In this regard, drawing inspiration from the successful experiences and approaches of past scholars can be very helpful. Comprehensiveness is also one of the important principles in examining disputed issues; meaning that superficiality must be avoided and all various dimensions of the topics must be attended to. In addition to this, ethics and courtesy in expressing disagreement and dialogue play a key role, and observing mutual respect can make the social space more constructive.
Confronting extremism is another vital precondition that, by principled acceptance of disagreement, can be utilized as a tool for preventing violence and extremism. Observing these principles and preconditions ensures that fiqh of international relations is presented as a constructive and effective discourse in the global arena and plays a role in creating understanding and cooperation among international institutions and societies.
Contemporary Jurisprudence: What are the specifics of Shiite fiqh of international relations vis-à-vis other religions and sects?
Abdi-Pour: Shiite fiqh, relying on revelatory sources and the conduct of the Ahl al-Bayt (peace be upon them), has immense capacity for the development of fiqh of international relations. The scientific and practical conduct of the Ahl al-Bayt (peace be upon them), relying on rationality, moderation, and attention to the needs of humans throughout the world, is respectable for Islamic and non-Islamic societies and has special specifics. Based on this, some of the probable specifics of Shiite fiqh of international relations vis-à-vis other religions and sects (assuming the existence of fiqh of international relations in those religions and sects) can be explained as follows:
A: Justice-centeredness and negation of domination: Shiite fiqh emphasizes justice as a fundamental principle in international relations and negates any kind of domination and colonialism. This is while other views may prioritize other considerations such as national interests over justice. Avoidance of oppression and tyranny, whether toward Muslims or non-Muslims, is one of the fundamental principles of Shiite fiqh.
B: Prioritizing the preservation of life and the interests of Muslims: Shiite fiqh prioritizes the preservation of life and the interests of Muslims in cases of conflict. This principle, in special conditions, can justify some precautionary or temporary actions in international relations, for example, accepting an unjust treaty to prevent a destructive war. Of course, this principle is always qualified by observance of justice and effort to remove oppression.
C: Different view of dar al-Islam and dar al-kufr: The division of the world into “dar al-Islam” and “dar al-kufr” in Shiite fiqh is based on the sovereignty of Islamic laws. This division, in practice, is more flexible and emphasizes interaction with non-Muslim governments based on mutual respect and common interests.
D: Emphasis on enjoining good and forbidding evil: Shiite fiqh considers enjoining good and forbidding evil applicable at the international level as well. This principle can justify diplomatic or propaganda actions in line with promoting Islamic values and confronting unethical behaviors at the global level. However, this principle is always qualified by observance of wisdom and expediency and should not lead to violence or imposition of beliefs.
E: Role of wilayat al-faqih in foreign policy: Wilayat al-faqih (in the presence of its conditions) has a central role in determining foreign policy and international relations. The wali al-faqih, considering the interests of Islam and Muslims, makes decisions on important international issues and provides the necessary guidelines. This feature gives more cohesion and coordination to the Shiite political system in the international arena.
F: Taqiyyah as a strategy in emergency conditions: The principle of taqiyyah, in emergency conditions and to preserve life and the interests of Islam and Muslims, allows some beliefs and behaviors to be temporarily concealed. This principle can be used in international relations, especially in conditions where Muslims are in the minority or face threats.
Contemporary Jurisprudence: Does the current fiqh of international relations have the necessary capacity for presence in the international arena, or does it require changes in the method of inference, rules, evidences, and so on for the possibility of presence in this arena?
Abdi-Pour: Fiqh of international relations in its current state does not have the necessary capacity for effective presence in the international arena, and to realize such a presence, there is a serious need for reviewing its method of inference, rules, and evidences. The challenges arising from modernity and extensive transformations in lifestyle, attitudes, and expectations of humanity have doubled the necessity of reviewing Islamic fiqh. Modernity, with fundamental changes in social, political, and cultural arenas, has placed new and complex expectations before religious societies. Today, religion, which was previously more known in the domains of worship and individual matters, must respond to multilayered and complex social, anthropological, and even international issues.
Shiite fiqh, due to the lack of long experience in governance and active presence in international arenas, has suffered a historical lag. This issue has caused the necessary capacities for interaction and competition in the domain of international relations in this school not yet to have reached their utmost; therefore, for Shiite fiqh to be presented as a serious jurisprudential and legal school among other religions and sects of the world, it needs fundamental transformations. These transformations require precise recognition of international issues and relations, redefinition of priorities, and change in structures and methods of jurisprudential inference.
In line with this transformation, Islamic fiqh in recent years has witnessed considerable quantitative and qualitative expansion. This expansion has manifested not only in the diversity and deepening of jurisprudential topics but also in addressing social and political issues. The emergence of social and political fiqh is a response to new needs that have arisen due to the increasing complexity of social relations and changes in the nature of political life. This transformation has caused Islamic fiqh to go beyond the domain of acts of worship and individual matters and enter broader topics that are directly related to social life and governance.
But these changes are not sufficient at the level. For effective response to the needs of today’s world, Islamic fiqh needs a fundamental review of its foundations, purposes, and goals. This review must be such that fiqh can align with the transformations of the time and, based on contemporary needs in various arenas, provide a deep and reasoned response to issues. Today, rapid transformations in technology, economic and political structures, and family have made the need for dynamism and renewal of Islamic fiqh more evident than ever. In this path, moving toward dynamic, civilizational, and governmental fiqh, as well as developing international fiqh, seems essential.
In addition to this, the emergence of applied fiqhs such as medical fiqh, environmental fiqh, media fiqh, and so on has provided an opportunity for greater adaptation of Islamic fiqh to the specialized needs of the time. This specialized approach can display the capacities of Islamic fiqh in solving modern world issues and help it exit the passive state in the face of external transformations.
In general, the current conditions require that Islamic fiqh go beyond the existing state and move toward serious transformations in its approaches, priorities, and structures. This transformation not only helps in more comprehensive response to human needs but also will highlight the pioneering role of Islam in managing civilizational challenges. Dynamic and civilizational fiqh can act as one of the key tools in shaping the new Islamic civilization and present Islam as a leading discourse in solving global challenges.
Contemporary Jurisprudence: For the efficient presence of Shiite fiqh of international relations in the international arena, what actions and policy-makings must be carried out?
Abdi-Pour: For the efficient presence of Shiite fiqh of international relations in the international arena, reconstruction and fundamental policy-makings in all dimensions of this domain are essential. Despite the extensive capacities of Shiite fiqh, adapting it to the needs of the modern world is possible through reviewing structures and identifying international opportunities. This process must be based on the principles of justice, sustainable peace, and attention to human values. In the following, the most important proposed actions are presented in summary:
1. Reviewing the foundations and jurisprudential methods
Fiqh of international relations must go beyond traditional frameworks and redefine concepts such as “dar al-salam” and “dar al-kufr” in accordance with the concept of peaceful coexistence and international law. Attention to the principle of “maslahah” and using it in jurisprudential decision-makings can help in constructive interaction with the global community.
2. Developing fiqh based on peace and diplomacy
The approach of Shiite fiqh must emphasize peace, justice, and active diplomacy. This includes accepting peace treaties, reducing antagonistic attitudes, and focusing on non-military tools for solving problems and advancing Islamic goals.
3. Preserving religious identity in the era of globalization
Shiite fiqh must, while interacting with other cultures and civilizations, preserve its religious identity and ethical values. This issue is possible through creating frameworks for mutual respect and valuing differences.
4. Clarifying the role of defense and jihad
Precise redefinition of jihad, including primary jihad (which in the era of occultation is suspended) and defensive jihad (for defending the rights of Muslims and confronting aggressions), helps in reducing global misconceptions about Islamic fiqh.
5. Justice and ethics in international relations
International interactions must be arranged based on Islamic ethical principles and justice. Shiite fiqh, by utilizing these principles, can present an alternative to secular legal systems and emphasize values such as human dignity and negation of oppression.
6. Developing applied fiqhs
To respond to complex global issues, there is a need for modern fiqhs such as environmental fiqh, human rights, international treaties, and media. These branches can adapt Islamic fiqh to new issues of the modern world.
7. Strengthening public and international diplomacy
Cultural diplomacy and social discourse must be among the priorities of Shiite fiqh. Using media, interacting with international organizations, and utilizing cultural capacities can help in introducing Islamic values. In this regard, training diplomatic skills, dialogue, and constructive interaction with international societies is essential.
8. Educational and research policy-making
Establishing specialized scientific centers in the field of fiqh of international relations, developing academic researches, and including topics such as Islamic diplomacy and civilizational fiqh in the educational system are serious requirements. The new generation of jurists and fiqh researchers must be familiar with the language of international law and global relations.
9. Human rights in Shiite fiqh
Shiite fiqh must strengthen human dignity, negation of discrimination, and defense of individuals’ rights, especially in crisis conditions. Transforming ethical rulings into a legal system presentable to the world can create a prominent position for Shiite fiqh in the world.
10. Interaction with international institutions and forums
Establishing efficient strategies for interacting with organizations such as the United Nations, the Organization of Islamic Cooperation, and international courts is essential. Shiite fiqh must benefit from these capacities for defending the rights of Muslims and presenting jurisprudential solutions for global issues.
In conclusion: Shiite fiqh of international relations, with emphasis on justice, ethics, sustainable peace, and diplomacy, has the capacity to play an effective role in the global system. However, realizing this position requires reviewing traditional structures, developing modern teachings, training diplomatic skills and interaction, and utilizing international mechanisms. Only by adopting strategic policies and flexible approaches can Shiite fiqh be transformed into a leading tool for managing modern international challenges.