القواعدُ والضَّوابطُ الفقهيَّةُ النَّاظمةُ للعلاقاتِ الدَّوليَّةِ في الإسلام

Abstract

Juridical and Legal Principles Regulating International Relations in Islam This study aims to uncover the comprehensive methodological framework established by Islamic jurisprudence to regulate the relations of the Islamic state with other nations and peoples. It demonstrates that Islam has not left any area of international relations without setting foundational principles and general rules to govern it, based on the objectives of Sharia in achieving benefits and preventing harm, while preserving religious constants. The study presents a systematic vision that corrects the distorted perception which views international relations in Islam as a constant state of conflict. Instead, it clarifies that Islam organizes these relations through jurisprudential rules and principles derived from sound intellectual and legal foundations, explaining, analyzing, and demonstrating their applications. The problem of the study lies in the existence of a gap between the stereotypical image of international relations in Islam and their true essence. Therefore, the study relied on the inductive analytical method to establish solid jurisprudential rules and consistent regulations, by presenting and analyzing the relevant Qur’anic and Prophetic texts and comparing the views of scholars in light of contemporary reality. It also employed the descriptive method through a review of historical and contemporary applications, using examples from the Prophet’s biography and Islamic history. The study consists of an introduction, three chapters, and a conclusion. The introduction covers the research problem, objectives, importance, previous studies, methodology, and plan. Chapter One discusses the concept of international relations in Islam, their development, foundations, characteristics, and objectives. It shows that such relations date back to the time of the Prophet ﷺ and his noble Companions and continued to develop afterward. Chapter Two examines the jurisprudential rules governing international relations in Islam and their applications. Through an inductive reading, it confirms that Islamic Sharia has established the foundations for organizing international relations, similar to what international law seeks to achieve. Chapter Three deals with the jurisprudential controls regulating these relations and demonstrates the flexibility of Islamic jurisprudence in handling them, thanks to its reliance on universal Sharia objectives such as justice, fulfillment of covenants, human dignity, and ijtihad (independent reasoning). The conclusion presents the key findings and recommendations, followed by indexes of Qur’anic verses, Hadiths, sources, and references.