RIGHTS OF DIPLOMATS: A COMPARISON OF ISLĀMIC LAW AND PUBLIC INTERNATIONAL LAW; THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS 1961, FROM ISLĀMIC PERSPECTIVE

Abstract

Religious laws dominated diplomatic relations long before the development and evolution of international law. Therefore, diplomatic and consular law is the outcome of civilizations and religions. Islām also recognized diplomatic rights in Arabia 1400 years ago. The Holy Prophet‘s (PBUH) dealings with representative and envoys from other nations and ethnicities show that Islām acknowledges the respect for representatives and ambassadors as a code of conduct. The Vienna convention on diplomatic relations 1961(VCDR) is an international treaty which provides framework for establishment and maintenance of diplomatic relations between independent states. This forms the basis of diplomatic immunities. Its articles are considered cornerstone of modern diplomatic relation. This paper aims to present a comparison between diplomatic rights in Islām and in VCDR 1961. It attempts to explore the origin and development of diplomatic immunities and privileges in Islām and as well as their sources. This work equally examines the compatibility of Islāmic diplomatic law and international diplomatic law. It concludes that the Qurān and the Sunnah, the two basic sources of Islāmic law and the consistent practice of Muslim heads of state, a secondary source, clearly establish the privileges and immunities of diplomats in Islāmic law and also in practice.