الحـصـانـة الدبلـومـاسـيـة في الشـريعــة والقــانــون الدّولي (دراسة مقارنة)
Diplomatic Immunity in Shariʻah and International Law: A Comparative Study
Abstract
This article aims to study rules of diplomatic immunity prescribed by Islamic law and contemporary international law. Islam considers diplomacy one of the best means of solving international problems and resolving conflicts. This has played a major role in spreading Islamic civilization across various continents of the world. Since the modern world has become a global village, diplomacy has become a powerful means to achieve security and peace of the state and defend its interests. The main theme of this study is to examine whether the diplomatic immunity ensured by Islamic law is comparable to the modern concept of diplomatic immunity in international law. Thus, the paper first presents the rules of Islamic law on diplomatic immunity. Then it turns to the rules of international law in this area. Finally, it compares the rules of the both legal systems with respect to diplomatic immunity. To discuss the laws related to diplomatic immunity in Islam, the researcher relied on the Quran, the sunnah, and the sources of Islamic jurisprudence whereas he consulted sources of international law and international treaties to examine the statutes related to diplomatic immunity in modern international law.
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