Former Director of the International Cooperation Centre at the Research Institute for Islamic Culture and Thought, in an exclusive interview with Contemporary Jurisprudence:

Jurisprudence of International Relations: Nature, Dimensions, and Challenges/21

To achieve an effective fiqh of international relations, there is no need to alter the fundamental fiqh principles. What is required is a re-examination of traditional presuppositions and a transformation in methodology, so that Islamic fiqh, while preserving its fixed foundations, can respond to the changing and complex needs of today’s world and play an active and influential role in the international arena.

Note: Although Dr. Hasan Abdi-Pur is a faculty member of the Department of Qur’anic Culture and Teachings at the Research Institute for Islamic Culture and Thought, he has for many years been active in the field of international relations. His long tenure as director of the institute’s Centre for Scientific and International Cooperation, combined with participation in numerous international scholarly conferences and events, has made him thoroughly familiar with the international dimensions of fiqh studies. We spoke with him about the foundations and presuppositions of the fiqh of international relations. He believes that this fiqh does not require changes in its foundations but that important changes are needed in its presuppositions and methods. The full text of Contemporary Jurisprudence’s exclusive interview with the International Deputy of the Tebyan Institute follows:

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

Abdi-Pur: The fiqh of international relations is the body of fiqh rules and principles derived from Islamic sources whose purpose is to regulate and guide the relations of Muslims with other nations and states. Given the extensive and complex transformations in the contemporary world in the political, economic, cultural, and security spheres, as well as the emergence of new actors and issues, the traditional approach is no longer sufficient. Under these circumstances, the fiqh of international relations must possess dynamism and active ijtihād so that, in step with current developments, it can address emerging challenges and needs.

This dynamism means rational flexibility: mujtahids and those responsible for international affairs must, through precise knowledge of global conditions and by drawing on the sciences of politics, economics, and culture, and through living and up-to-date ijtihād, offer solutions to new issues. Of course, this flexibility must not weaken fundamental principles such as independence, dignity, religious identity, and the rejection of foreign domination. Interaction and relations with other countries are permissible only insofar as they do not lead to dependence or compromise these principles and the interests of the Islamic community remain protected.

Islam is a rational religion based on positive interaction with other nations. In today’s world, severing relations and interaction is neither in the interest of the Islamic umma nor in line with the higher interests and fundamental policies of Islam. Therefore, the fiqh of international relations must be formulated on the basis of expediency (maṣlaḥa), the aversion of harm (mafsada), and the protection of the interests and well-being of the Islamic umma. Active participation in international forums and the conclusion of precise treaties and agreements—provided they do not violate Islamic principles—are deemed necessary and desirable.

Today issues such as human rights, environmental concerns, economic globalisation, sanctions, soft warfare, cyber threats, and Western cultural invasion are vital and decisive for the Islamic community, and the fiqh of international relations must adopt clear and strategic positions on them. Cooperation and interaction with other countries in economic and technological fields, when in accordance with sharʿī standards and Islamic interests, can be a factor in the progress and immunity of Islamic society from dependence and backwardness. At the same time, any threat to religion, security, and Islamic culture requires the fiqh of international relations to defend the higher interests of the umma firmly and intelligently.

Given that many decisions in this domain have far-reaching and long-term effects on the lives of Muslims, a unified decision-making system guided by religious and political leadership is necessary. Determining expediency and the manner of interaction or confrontation with other countries must be done through consultation with elites and within the framework of leadership in order to preserve the unity and strength of the Islamic community.

In conclusion, the fiqh of international relations in today’s world is a dynamic and effective discipline that, relying on fixed principles, up-to-date ijtihād, and analysis of global realities, creates the conditions for the dignity, progress, and independence of Islamic society and prevents it from falling into weakness, isolation, or dependence. Strategic and macro decisions are also taken and implemented under the leadership’s opinion and on the basis of the higher interests of the Islamic umma.

Thus the fiqh of international relations strives to apply Islamic teachings to foreign relations and international interactions. Mastery of this field requires, in addition to fiqh ijtihād, awareness of current conditions and prevailing theories in today’s world. The Islamic world, due to its numerous dependencies and relations, is inevitably compelled to interact and cooperate with other nations. Imam Khomeini (ra) also repeatedly emphasised the necessity of relations with the world and avoidance of isolation. The ultimate aim of the fiqh of international relations is to secure peace, security, and justice for all human beings on the basis of Islamic principles and values, not merely for Muslims. This discipline seeks to provide rational and dignified solutions to societal issues while critiquing laws based on domineering powers and directing international relations according to divine and human values.

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

Abdi-Pur: The Islamic fiqh of international relations rests on a set of foundations and presuppositions derived from Qur’anic teachings, the Prophetic sunna, and the historical experience of Islam. In the Islamic view, belief in tawḥīd and God’s absolute sovereignty over the world forms the primary basis for shaping relations among nations and always places the authority of divine values and rulings at the forefront of all relations and decisions. On this basis, the principle of human dignity—not only for Muslims but for humanity as a whole—is the foundation of conduct in the international arena, and every action or decision must respect the inherent sanctity and worth of the human being.

Whereas in the past the fiqh of international relations was largely centred on individual fiqh and personal duties—because the conditions for a comprehensive Islamic state and the globalisation of Islam did not exist—today it is necessary, while preserving the capacities of individual fiqh, to elevate it to the level of macro policy-making so that it can meet the requirements of governance and international relations. In this path inspiration is drawn from key principles such as the rule of negation of domination (nafy al-sabīl—the rejection of non-Muslims dominating Muslims) and narrations such as “Islam is exalted and nothing is exalted above it,” in such a way that these principles can provide a model for foreign policy and the regulation of relations with other states.

In the Islamic fiqh of international relations, primacy belongs to peace and coexistence, and any injustice, aggression, or domination is condemned. Rationality and the collective interest of the Islamic community hold a special place, and accordingly the higher interests and expediency of the Islamic umma take precedence over individual or group interests. Likewise, fulfilment of covenants and adherence to treaties are among the most important principles of interaction with other nations, provided they do not contradict Islamic rulings.

Given the complexity and transformations of the contemporary world, the fiqh of international relations must employ dynamic and intelligent ijtihād in order to extract new rules and rulings appropriate to the needs of this era and secure its rightful place in global interactions. The principle of guidance and attention to the interests of the Islamic umma must always remain the axis of decision-making.

Thus it may be said that the Islamic fiqh of international relations, relying on principles such as tawḥīd, human dignity, rejection of foreign domination, primacy of the umma’s interest, fidelity to covenants, and support for the oppressed, and also obliging up-to-date and comprehensive ijtihād, seeks to organise the politics and relations of Muslim nations in the global arena in a manner compatible with Islamic identity and values on the one hand, and responsive to the challenges and changes of today’s world on the other.

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

Abdi-Pur: The question of the effectiveness of Islamic fiqh in the domain of international relations has today become one of the challenging topics in Islamic thought, especially in the Islamic Republic of Iran. The question essentially is: to reach an effective fiqh of international relations, must we bring about change in the foundational fiqh principles and presuppositions, or is it possible to respond to new needs while preserving those same principles?

In response I offer several points:

  1. The permanence of fiqh principles and the importance of up-to-date ijtihād
    First, it must be emphasised that many foundational fiqh rules—such as the obligation to fulfil covenants, the rejection of foreign domination (qāʿidat nafy al-sabīl), and the rules of no harm (lā ḍarar) and removal of hardship (lā ḥaraj)—are rooted in authentic and definitive sources such as the Qur’an and sunna and remain fixed pillars of fiqh. These principles are immutable foundations of fiqh.

    At the same time, what guarantees the dynamism and effectiveness of fiqh in confronting new issues is the existence of mujtahids who, with a dynamic and contemporary outlook, respond to new questions. Throughout history Islamic fiqh has been able, through precisely this ijtihād, to keep pace with the needs of every era and to recreate the forms of rules in accordance with social and civilisational changes. Therefore change in foundations is not necessary; rather the method of understanding and applying these principles to today’s conditions must be reviewed and improved.

  2. Critique of traditional fiqh presuppositions: the need to move from individual-centredness to governance-centredness
    One of the historical weaknesses of fiqh has been that it was largely built around individual and micro-social relations, while macro issues of governance and international relations received less deep and comprehensive treatment. This approach causes traditional fiqh to face serious challenges in responding to the needs of societal management and foreign policy.

    In this regard, one necessary transformation is the re-reading and critique of past presuppositions in the domain of international relations—meaning that fiqh must go beyond an individual-centred horizon and also take into account the requirements of governance and foreign policy. In this path the higher interests of the Islamic umma take precedence over individual or even governmental interests, and special attention to global realities and transformations becomes essential.

  3. Attention to new realities and the necessity of recreating the method of interpreting rules
    Today’s world faces rapid and complex transformations in areas such as international human rights, economics, the environment, and state membership in international organisations. Mere repetition of traditional rules is not sufficient for contemporary issues. Therefore Islamic fiqh, while preserving its foundations, must continually review the manner of interpreting and applying these principles to current issues and incorporate rapidly changing global realities as part of its ijtihād.

  4. Transformation in methodology, not in the principles themselves
    Finally, a distinction must be made between immutable foundations and transformable methodology. Fundamental reform must occur in the mode of understanding and deduction—that is, alongside reliance on traditional sources, the use of rationality, experience, and attention to the public interest of the Islamic community can keep fiqh responsive and effective.

    In this context dynamic ijtihād, avoidance of rigidity, and the decisive role of religious and political leadership and the place of the umma’s interest in decision-making acquire particular importance.

To achieve an effective fiqh of international relations, there is no need to change the fundamental fiqh principles. What is required is a re-examination of traditional presuppositions and a transformation in methodology, so that Islamic fiqh, while preserving its fixed foundations, can respond to the changing and complex needs of today’s world and play an active and influential role in the international arena.

In reality, the main challenge lies in transformation in “the method of implementation and ijtihād,” not in changing the foundations; this very approach both preserves the authenticity and identity of Islamic fiqh and makes possible its effectiveness and authority at the global level.

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