Note: Due to its novelty, the fiqh of international relations has not yet fully emerged as a distinct chapter of fiqh. One of the essential tasks for transforming it into a proper chapter is the formulation of its headings and issue-network. We discussed this with Dr. Abdolmajid Mobaleghi. As Director of International Affairs at the Contemporary Jurisprudence Studies Research Institute, he trained in fiqh and holds a doctorate in political thought, but for many years has been passionately engaged in international studies. The author of the article “Discourse as an Effective Methodology in International Studies” spoke in this interview about various ways of classifying the fiqh of international relations and offered proposals for turning this field of study into a coherent fiqh chapter. The full text of Contemporary Jurisprudence’s exclusive interview with this faculty member of the Research Institute for Humanities and Cultural Studies follows:

Contemporary Jurisprudence: What is the fiqh of international relations? How does it differ from similar concepts such as “fiqh of politics,” “fiqh of international law,” and “an international approach to fiqh”?

Mobaleghi: The fiqh of international relations can be defined as the examination and study of the sharʿī rules and rulings of Islam from a fiqh perspective in the domain of international interactions and relations within the international sphere. In one sense, this branch of fiqh deals with relations among states and institutions—whether Islamic or non-Islamic states, and whether widely recognised international organisations or private institutions—and their relations with countries. It also addresses issues such as treaties, international conventions, war and peace, and similar topics from the viewpoint of fiqh.

Let me explain the differences with the various concepts you mentioned:

First, fiqh of international relations vs. fiqh of politics: We know that international relations falls, in one sense, under politics. Thus the fiqh of politics encompasses the fiqh of international relations as well. In other words, if in the fiqh of politics we take a broader view that includes rulings and rules for the administration of public affairs, political rights, political laws, fundamental rules, constitutional law, governance, and domestic and foreign policy-making within the framework of Islamic rulings, then in the fiqh of international relations—which is naturally a part of the fiqh of politics—our primary concern, focus, and domain is cross-border interactions, foreign relations, and whatever occurs in the international and transnational sphere.

Contemporary Jurisprudence: What is the relation between the fiqh of international relations and the fiqh of international law?

Mobaleghi: In the fiqh of international law we examine international law from the perspective of Islamic fiqh—here “international law” means its modern, familiar, and contemporary sense as an established disciplinary field within the science of law. We attempt, in the fiqh of international law, to subject the rules, norms, relations, and consequences derived from international law to fiqh-based discussion. In one sense, our primary concern here is the application of relevant Islamic principles from fiqh to the system of international law.

Of course, the fiqh of international relations is not limited to modern concepts of international law; it seeks to consider international interactions even beyond modern international law, in connection with the historical capacity and identity-continuity of the fiqh of international relations.

Contemporary Jurisprudence: What is the difference between “fiqh of international relations” and “an international approach to fiqh”?

Mobaleghi: An international approach to fiqh means analysing fiqh issues from a global perspective while taking into account international needs and challenges. The fiqh of international relations, however, goes beyond an international approach to fiqh and focuses specifically on relations among states, the umma and its relation to the world outside the umma, the national state and the structure of global order, groups within the framework of sharʿī rules, and similar topics. In other words, in the fiqh of international relations, international interactions—as studied within the recognised discipline of international relations—are discussed from the perspective of the science of fiqh.

Contemporary Jurisprudence: What methods exist for classifying the topics of the fiqh of international relations, and which is the most effective?

Mobaleghi: Before mentioning some of these classifications, I should note that classifications are useful only when they are comprehensive and do not suffer from considering one part while neglecting another. I hope what I present is at least somewhat comprehensive and contributes to the discussion.

One classification is based on the nature of international relations—that is, we classify its topics by looking at what occurs in international relations from an essential perspective. According to this classification, the fiqh of international relations would include:

• Relations of Islamic states with non-Muslims, which specifically involves concepts such as Dār al-Ḥarb and Dār al-Islām, and topics such as war, peace, jizya, safe-conduct, treaties, etc.
• Relations of Islamic states with other states, including cooperation with states, methods of dispute resolution between Islamic and non-Islamic states, the unity of the umma and its relation to the world outside the umma.
• Relations of the Islamic state with international organisations, such as interaction with bodies like the United Nations, the World Trade Organization, and human-rights organisations.

The advantage of classification by the nature of relations is that it is bilateral—it takes the parties to the relation into account, and from such consideration the possibility opens up of offering fiqh-based solutions appropriate to the nature of each relation.

At the same time, it may have the drawback that in shared issues such as general rules governing war or treaties, it cannot preserve the unity of the issue, leading to some dispersion. The reason is that this classification focuses on the relation rather than the act.

Another classification is based on the main topics in international relations—that is, instead of looking at the nature of relations, we look at their subjects. For example, classification according to treaties and contracts: which treaties are legitimate? Which are not? What are the necessary conditions? What conditions invalidate them? What constitutes breach of covenant? etc. Here the focus is on the treaty and contract.

Another subject is war and peace: conditions of jihad, conditions of defence, rules of war, rules for prisoners and their exchange, etc.

In this second classification we can even go into more detailed topics, such as international economic relations (trade, sanctions, taxation in the international sphere, maritime law, etc.).

Another topic that can be addressed under the second classification is human rights and issues related to human dignity: rights of minorities, religious freedom, women’s rights, and so forth.

Another topic is interaction with international institutions such as the United Nations and the Organisation of Islamic Cooperation.

The second classification has the advantage of speaking directly about international topics and enabling the direct provision of fiqh-based solutions. In other words, it is operational and practical.

A third classification is based on sharʿī rulings, such as primary and secondary rulings. General and fixed Islamic rulings in international relations are considered primary; rulings that arise when particular titles apply (e.g., expediency) are secondary.

A fourth classification is based on the duties and goals of the Islamic state, such as preserving national and global security, defence and jihad, preventing aggression, establishing global justice, supporting the oppressed, combating injustice, developing international cooperation, promoting Islamic values, spreading the call of Islam, etc.

The advantage of this classification is that it allows us to gain an adaptive understanding of the relation between the Islamic state and international affairs—that is, to assess the policy-making adaptability of the Islamic state and its ordering capacity in relation to today’s world and transnational, cross-border, and international relations.

Contemporary Jurisprudence: What are the main headings of the fiqh of international relations?

Mobaleghi: The fiqh of international relations is a branch of Islamic fiqh that focuses on fiqh and sharʿī issues and rulings in a way connected to cross-border and international interactions and attempts to subject them to discussion and reflection. It has diverse headings; I mention the most important:

• Foundations and principles of the fiqh of international relations: definition and essential characterisation of the fiqh of international relations, its place within the overall system of Islamic fiqh, general principles governing international relations from the Islamic fiqh perspective (justice, human dignity, fulfilment of covenants, peace and coexistence), key concepts in the international domain from an Islamic fiqh perspective (difference between Dār al-Islām, Dār al-Kufr, Dār al-Ḥarb, etc.).
• Peaceful relations: military treaties, cultural treaties, commercial treaties, political treaties, their conditions, limits, and the obligation of fulfilment of covenants; rights of minorities and interaction with non-Muslims.
• War and jihad in international relations: offensive jihad, defensive jihad, rulings and conditions for the legitimacy of war in Islam, treatment of prisoners of war, rights and duties in war, ethical and fiqh rules in war (prohibition of killing civilians, protection of the environment and infrastructure, permissibility of cutting off energy supplies such as water, etc.), rules of ceasefire and termination of war.
• International economic relations: rulings on international trade with non-Islamic countries, legitimacy and conditions of economic sanctions, rulings on receiving and paying jizya and kharāj, protection of financial rights and property at the international level, fiqh foundations of fair trade.
• Human rights and human dignity in international relations: the place of human rights in Islamic fiqh, combating injustice and supporting the oppressed, Islam’s view on vital issues such as migration and asylum.
• The role, status, and function of the Islamic state in the international system: ensuring global security, promoting justice and combating injustice, supporting the Islamic umma and the oppressed, fiqh positions on membership in international organisations, modes of interaction and relations with international powers, rulings on the existing order, structural order, transition from the current order to another.
• International law: the place of sovereignty and territorial integrity in Islamic fiqh, fiqh examination of laws of war and international humanitarian law, fiqh examination of the UN Charter and human-rights treaties derived from it, etc.
• Environmental issues in the international arena: transboundary pollution, the global greenhouse situation, the interconnectedness of the environment, and the obligations of the Islamic state toward global environmental crises.
• International cultural and scientific interactions: transfer of knowledge and technology, promotion of Islam at the international level, cultural diplomacy.
• New challenges and issues in the fiqh of international relations: globalisation and interaction with the global system, diplomacy, global order, modern wars, cyber warfare, drone warfare, weapons of mass destruction, migration, asylum, borders and sovereignty in the modern world.
• Application of fiqh to contemporary issues: this differs from the previous heading in that we use new methods such as dynamic fiqh to solve problems rather than traditional approaches to fiqh.

Contemporary Jurisprudence: What proposals do you have for the development, deepening, and elevation of the status of the fiqh of international relations?

Mobaleghi: This topic is in one sense precise and complex and requires serious reflection, but I offer a few points here:

First, the fiqh of international relations needs a comprehensive theoretical framework within which the fiqh rulings of international relations can be formulated. To develop this framework, concepts such as justice, peace, fulfilment of covenants, human dignity, Dār al-Islām and Dār al-Ḥarb must be precisely defined and redefined.

Next, these concepts must be compared and matched, from an issue-identification perspective, with concepts current in the discipline of international relations.

After that, the issues of the fiqh of international relations must be given chapter headings and structured like other fiqh chapters (e.g., trade) to acquire a coherent and disciplined form.

The next step is the expansion of interdisciplinary research. International relations is an interdisciplinary, multi-disciplinary, and highly dynamic field that continually draws from other domains: political science, historical studies, comparative analysis, contemporary international law, etc. Until this multi-disciplinary nature of the fiqh of international relations is recognised, this chapter of fiqh will make no progress. Given this nature, researchers in this chapter must be familiar with these disciplines and fields. Another way is the existence of research centres dedicated to them.

Since international relations is linked to sovereignty, it would be appropriate to establish fiqh committees in the international representations of the Islamic government to provide specialised consultation. This does not, of course, negate the need to develop this discipline in seminaries and non-governmental academic institutions, which has its own benefits.

Another proposal is the training of specialists in the fiqh of international relations—through creating specialised programmes, interdisciplinary education, or, more broadly, creating opportunities that lead to religious diplomacy. One major untapped area of cultural diplomacy is scholarly or religious diplomacy. Regrettably and painfully, we must acknowledge that the Sunnis and al-Azhar are far ahead of us in scholarly and religious diplomacy. The same holds for other religions: Christian, Jewish, and Buddhist diplomacy is vastly more active than Shiʿi diplomacy—whereas Shiʿi marjaʿiyya possesses a remarkable transnational capacity that has sadly received little attention, and no serious, practical pathways have been developed to operationalise this fundamental resource.

Naturally, publishing scholarly works and disseminating them is also an important and serious task that must be undertaken. In this chapter of fiqh we truly suffer from a poverty of literature. The books that have addressed the fiqh of international relations are few, limited, and, in a sense, preliminary and rudimentary.