Compatibility of Shi‘a Islamic diplomatic law and modern International diplomatic law

Mesbahi, Touba (2024) Compatibility of Shi‘a Islamic diplomatic law and modern International diplomatic law. PhD thesis, University of Glasgow.

Abstract

The discussion around the compatibility between the two legal systems of International diplomatic law and Islamic diplomatic law (sīyār) is often stigmatised by the debate on terrorism and jihād, and the notations of dār al-islām and dār al-ḥarb. Alternatively, controversies over religious rulings by particular Muslim scholars and their Islamic jurisprudential positioning on human rights exacerbate the debate further. This research has attempted to move beyond the exponents of the exclusivist theories by employing an analytical approach to the debate and examining the strengths and weaknesses of arguments made in favour of compatibility or tension in a logical manner. However, any discussion around Islamic diplomatic law encounters misconceptions around the uniformity of religious doctrines and beliefs that constitute the structure of sunnī and shīʻī political standing. This is of particular importance considering the conduct of modern sovereign shīʻī Islamic States such as Iran, and crucial events like the U.S. embassy seizure. Thereby, this research has attempted to review, critique and evaluate the accuracy of arguments made, based on the shīʻa ithnā-ʻasharī School of thought that has been missing within the literature.

Consequently, offering a unique approach to the examination of compatibility between sīyār and modern International diplomatic law, particularly with regard to the concept of diplomatic immunity and privileges through its inclusion of the shīʻī thought. Moreover, by considering the sunnī and shīʻī jurisprudential approaches to the use of sources, combined with a historical review of various events such as the Charter of Madīnah or the Treaty of Ḥudaybīyyah, this research has also identified their similarities and differences including the use of methodological techniques. This allows a critical review of the positioning and adaption of religious rulings by contemporary shīʻī jurists in overcoming the challenges of modern times including those of International relations. The approach also allows an evaluation of the ratification of globally accepted frameworks such as the 1961 Vienna Convention on Diplomatic Relations by Muslim States and those identifying themselves as Islamic, with the example of the Islamic Republic of Iran.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: B Philosophy. Psychology. Religion > BL Religion; B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc; K Law > K Law (General); K Law > KZ Law of Nations
• Colleges/Schools: College of Arts & Humanities > School of Critical Studies > Theology and Religious Studies
• Supervisor's Name: Ridgeon, Dr. Lloyd and Yazaki, Dr. Saeko
• Date of Award: 2024
• Depositing User: Theses Team
• Unique ID: glathesis:2024-84633
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 24 Oct 2024 15:24
• Last Modified: 30 Oct 2024 09:55
• Thesis DOI: 10.5525/gla.thesis.84633
• URI: https://theses.gla.ac.uk/id/eprint/84633