Note: One could say that many of the disputes and differences found in fiqh rulings ultimately trace back to the foundations and presuppositions of that particular issue or chapter of fiqh. This very point underscores the importance of the foundations and presuppositions of the fiqh of international relations. In this regard, we spoke with Hujjat al-Islam wal-Muslimeen Dr. Jalal Araqi, head of the Fiqh and Usul Department at the Urwat al-Wuthqa Research Institute. While enumerating the foundations and presuppositions of this chapter of fiqh, he reminded us that without re-examining some of the old fiqh rulings concerning non-Muslims and similar matters, one cannot hope to create an effective fiqh of international relations. The full text of the exclusive interview of Contemporary Jurisprudence with Hujjat al-Islam wal-Muslimeen Dr. Jalal Araqi is as follows:

Contemporary Jurisprudence: What is the fiqh of international relations, and what are its requisites?

Araqi: The fiqh of international relations is a compound term consisting of “fiqh” and “international relations,” which has given rise to a discipline connected to both fiqh and the field of international relations. In other words, the fiqh of international relations is a jurisprudential discipline that, relying on fiqh foundations and adopting its methodological model—namely ijtihad—elucidates the sharia rulings pertaining to international relations and formulates and presents the laws and obligations governing the international relations of the Islamic system.

Among the requisites of the fiqh of international relations are the following:

• Human beings are social by nature (al-insān madanī bi’l-ṭabʿ) and instinctively need to live in society alongside their fellow humans; the requirement of social life is the existence of social, economic, political, cultural, etc. ties and connections.
• Islam has a universal claim and regards its program as bringing felicity to all nations, groups, and races; it believes that the message of the Quran must encompass the entire world.
• Islam is a religion of mercy, peace, and reconciliation.
• Islam possesses firm principles and established values to which its followers are obliged to adhere, and it considers any international relationship legitimate only on the basis of those principles and values—such as the principle of God’s sovereignty and the negation of taghut sovereignty, the principle of the universality of Islam’s mission, the principle of the eternity of Islamic rulings, the principle of preparing the ground for guidance, the principle of justice, the principle of maslaḥah, the principle of protecting the foundations of Islam, the principle of preserving the dignity of Muslims, and the principle of spreading noble moral traits.

Contemporary Jurisprudence: What are the jurisprudential rules governing the fiqh of international relations?

Araqi: Certain jurisprudential rules govern international relations, such as the rule of nāfiʿ al-sabīl (negation of domination and subjugation), the rule prohibiting assistance in sin and aggression, the rule of fidelity to covenants, the rule of taqiyyah, the rule of walāyah and tabarrī, etc.

When these rules conflict, there are criteria for preferring one over another—such as the necessity of preserving the [Islamic] system, negation of hardship and harm, etc.

Contemporary Jurisprudence: In general, what are the foundations and presuppositions of the fiqh of international relations?

Araqi: The foundations and presuppositions of the fiqh of international relations are:

In the epistemological dimension:

• Truth and falsity of cognitive propositions are measured by correspondence or lack of correspondence with reality.
• It is possible to acquire correct and reliable knowledge.
• The scope of fiqh, in terms of the rulings it encompasses, includes both natural and legal persons and both individual and social rulings.
• Fiqh has the necessary capacity to present a comprehensive and coherent system.

In the ontological dimension:

• Acceptance of the principle of the existence of reality.
• Belief in tawhid as the starting point of servitude to God.
• The ultimate triumph of the believers.

In the anthropological dimension:

• All creatures are essentially contingent (ʿayn al-rabṭ) and dependent on the Creator at every moment.
• Human beings are free to choose the path of guidance or misguidance.
• Nearness to God is the ultimate purpose of human creation.
• Human beings share common points while possessing human diversity.

In the sphere of sovereignty:

• The pursuit of power in international relations is legitimate, but not for worldly gain or achieving taghuti and hegemonic goals; rather, the main purpose of acquiring power must be defending the truth and fighting the enemies of God.
• Negation of illegitimate sovereignty (the system of domination) in international relations.

In the sphere of governance:

• Islam has accepted and emphasized the relations of the Islamic system in the international arena on the basis of human nature (fiṭrah) and shared beliefs. God Almighty permits Muslims to establish friendly and just relations with non-Muslims who do not intend hostility toward Muslims. These relations are not uniform: with non-hostile non-Islamic governments they are based on mutual respect and non-oppression according to common principles; with hostile non-Islamic governments they operate on the principle of barāʾah (disavowal).

In the sphere of ruling/governance:

• Governance is based on human nature, which drives people toward social life, and Islam is a religion in accordance with nature and compatible with human disposition.
• Governance based on justice; Muslims have no right to resort to oppression and injustice even toward their enemies.
• Governance aimed at establishing peace and security in the world.
• Governance based on common human principles—linguistic, ethnic, ideological, etc.

Contemporary Jurisprudence: To attain an effective fiqh of international relations, is there a need to change the jurisprudential foundations and presuppositions?

Araqi: Yes, re-examination of jurisprudential presuppositions, theory-building, and the formulation of a systematic model of Islamic international relations are necessary. Today, due to the finality and comprehensiveness of the religion of Islam and the expansion of the needs of the new era, the ground has been prepared for Islamic researchers to enter the discussion of systematizing Islamic rulings and teachings in the field of international relations in accordance with the criteria of that field, so that systems based on revelatory teachings may be established—even systems different from other existing systems in the international arena.

The fiqh of international relations is both a science of rulings and a science of juristic theory-building. I believe the system of international relations in Islam is a collection of both endorsed (imḍāʾī) and instituted (taʾsīsī) rulings in accordance with the requirements of each era.

Contemporary Jurisprudence: Given the fiqh rulings concerning the kāfir—such as impurity, difference in blood-money and testimony, and the permissibility of backbiting, slander, and harming him—can an effective fiqh of international relations be organized?

Araqi: No. An effective fiqh of international relations cannot be organized while upholding the impurity of non-Muslims or the permissibility of backbiting, slander, harming them, or failing to respect their property. However, it seems that in Islamic fiqh there exists no ruling that obstructs the realization of proper international relations with others, and it would be better to re-examine and re-research the old jurisprudential presuppositions in light of the requirements of the time.

For example, in the discussion of the impurity of the kāfir, we can say that a human being qua human is pure and has no intrinsic impurity. Yes, if he has accidental impurity one must avoid it; therefore, when it is said “Indeed the polytheists are impure” (Q 9:28), this impurity means intellectual, doctrinal, and probably behavioral filth—not the kind of impurity that would make your hand impure if it were wet and touched them.

Contemporary Jurisprudence: Given the superioristic approach of Muslims toward the kāfir and of Shiites toward Sunnis that exists in fiqh, can an effective fiqh of international relations be organized that is based on the equality of the two parties in the relationship?

Araqi: No, an effective international relations cannot be organized with a superioristic approach. It is true that “Islam is superior and nothing surpasses it” and no law or rule will ever prevail over Islamic law, and Islam is higher than the previous religions; but does this mean that the Muslim individual is also superior? This is one of the presuppositions that requires re-examination.

Contemporary Jurisprudence: Is the fiqh ruling obligating amr bi’l-maʿrūf and nahy ʿan al-munkar compatible with the principle of non-interference in the internal affairs of other countries?

Araqi: Yes, it is compatible and there is no contradiction—provided that “everything in its proper measure.” That is, it depends on what the maʿrūf and munkar are. For example, in international documents that the Islamic system has accepted and acceded to, it is possible to enjoin them to the good and forbid them from the evil contained therein.