Note: Humanity requires communication for the continuation of its existence. In light of the globalization of communications, human needs have also undergone change, and treaties have been concluded between nations on the basis of these communications. Certain propositions exist in jurisprudence that may pose challenges to this communication; hence, the capacity of the jurisprudence of international relations in this regard is noteworthy. In this connection, the Ijtihad Network website has conducted a dialogue with Hujjat al-Islam Seyyed Javad Hosseinikhah, holder of a doctorate in political jurisprudence with a specialization in international jurisprudence from Jami‘at al-Mustafa al-‘Alamiyyah. In this dialogue, he discussed the capacity of jurisprudence to address the challenges facing international relations.
What Is Meant by the Jurisprudence of International Relations?
As a preliminary remark, it should be noted that, following the end of World War II, the emergence of the new international order—influenced by the belligerent parties—and the establishment of international institutions and the United Nations, the relations of the global community with units and actors entered a new phase, surpassing previous levels. The quality of interactions within this community assumed particular importance for countries and other entities, such as international institutions, multinational corporations, nations, and elite individuals. Today, the term “international relations” and its concept denote the ensemble of actions and reciprocal behaviors among the units of the global community, encompassing political, military, economic, cultural, and social dimensions, with objectives that may be friendly, conciliatory, or competitive, at both official and unofficial levels.
With regard to the jurisprudence of international relations, it should be stated that the term, at first glance, comprises two components: “jurisprudence” and “international relations.” One definition of jurisprudence describes it as: “the science of the duties and obligations prescribed for Muslims in Islamic Sharia, derived through the detailed evidences of Sharia.” International relations, as the second element of this compound term, is sometimes viewed as a factual reality and sometimes as an academic discipline. The discipline of international relations is examined from three perspectives: theoretically, it focuses on the nature and primary drivers of international society; sociologically, it addresses the disorders within international society; and historically, it examines the course of international life and the transformations of international society.
Thus, the jurisprudence of international relations constitutes a branch of jurisprudence that, relying on specific foundations and employing a particular methodological framework, undertakes the regulation of relations among nations and states, extracting and presenting the practical Sharia rulings pertinent to this domain. Topics such as invitation (da‘wah), peace, contracts, and similar matters are among those examined within the jurisprudence of international relations.
It is essential to note, however, that the jurisprudence of international relations should not be expected to manage international relations or to expound the managerial laws of the international relations arena. Rather, it speaks only of the principles, values, and obligatory rulings necessary for the faith-oriented construction of the arena of international relations.
In light of certain fatwas issued by traditional jurists—such as those concerning the impurity of unbelievers and the lack of respect for their property, blood, and private parts—is it fundamentally possible to delineate international relations from the perspective of jurisprudence?
Based on what was presented in response to the first question, it is evident that the jurisprudence of international relations is tasked with regulating relations between states and nations, not relations among individuals. Furthermore, according to the predominant view among jurists, the era of occultation is one of truce and cessation of war, inasmuch as initiatory jihad is conditional upon the presence of the Imam. Therefore, in the era of occultation—where initiatory jihad is absent—an Islamic state pursues the objectives of Islam through the establishment of peaceful relations founded on mutual respect. In such circumstances, the property, blood, and private parts of unbelievers are entitled to respect. Reflection upon the verses of the Noble Quran and the narrations transmitted from the Ahl al-Bayt (peace be upon them) likewise leads to the conclusion that an Islamic government may coexist peacefully with unbelievers through the conclusion of contracts and pacts.
What Are the Thematic Chapters of the Jurisprudence of International Relations?
The most important jurisprudential chapter in this domain is the chapter on jihad, although topics pertaining to international relations may be found in other jurisprudential chapters as well. It is not the case that the remaining chapters are unrelated to this arena; the chapters on transactions and criminal provisions fall into this category.
What Are the Most Important Issues Addressed in the Jurisprudence of International Relations?
In a general classification, the following may be noted: international political economy; jurisprudence of international politics; jurisprudence of international security; jurisprudence of foreign policy and diplomacy; jurisprudence of intelligence; jurisprudence of resistance; jurisprudence of international rights and obligations; and issues related to human rights—these constitute the most prominent topics in this domain.
From another perspective, principles such as non-interference in the internal affairs of states, territorial integrity, state independence, and sovereign equality are among those that must be observed by states in international relations.
In Islamic countries, likewise, rules such as the rule of denial of domination (nafy al-sabil), the principle of supporting oppressed nations, and the principle of supporting liberation movements are principles that—grounded in Islamic teachings—must be taken into account in international relations.
Does the discussion of exporting the revolution—which crystallized in the Imam’s letter to Gorbachev—possess jurisprudential foundations? Please explain these foundations.
Undoubtedly, it does. A cursory review of the late Imam’s letter to Gorbachev will confirm this. I shall briefly refer to some of these foundations:
First, the primary and authentic content of this message was the “invitation to Islam,” which elucidates the nature of foreign relations from the Islamic perspective. In my view, Islam—in its relations with non-Islamic societies—establishes neither war nor peace as the default principle; rather, the principle is invitation, following which war or peace is selected. Without doubt, one of the most significant—and likely primary—objectives in the sending of the prophets was invitation. The fundamental message of the late Imam was that materialism, along with the world of atheism and unbelief, cannot bring humanity to salvation and deliverance. Accordingly, he invited Gorbachev to Islam. In this message, no reference was made to political matters such as the [UN] resolution or ceasefire; only in one sentence—alluding to the Afghanistan issue—did he state: If you come to recognize Islam, you will no longer think about Afghanistan in this manner and will reconsider your position. In a section of the message, His Eminence wrote: “Mr. Gorbachev, now, after mentioning these issues and preliminaries, I request that you seriously research and investigate Islam—not because Islam or Muslims are in need of you, but owing to the lofty and universal values of Islam, which can provide comfort and salvation for all nations and resolve humanity’s fundamental problems.”
Moreover, toward the end of the message, the late Imam—while underscoring the strength of the Islamic Republic of Iran as the global bastion of Islam—stated: “In any event, our country, as in the past, adheres to good neighborliness and mutual relations and respects them.” This statement is grounded in the principle of peaceful coexistence and mutual relations, which ranks among the most critical topics in the domain of interactions between states and societies, influencing the structuring of systems of human relations.
An examination of Quranic verses and religious teachings reveals that Islam—as a universal religion—seeks the formation of human communications. Such communications cannot materialize without laying the groundwork for peaceful interactions and cooperation, particularly given that non-Muslims constitute a substantial portion of the world’s population. Rational exigency, too, dictates the establishment of relations with them in order to realize Islam’s sublime objectives for all humankind.