Seminary Instructor, Professor at the Research Center for Islamic Culture and Thought, Member of Fiqh and Islamic Law Institute at Qom Seminary
Abstract
Diplomatic immunity is one of the fundamental principles in the field of international law, with deep historical roots. Within Islamic teachings, this right is not only acknowledged but also emphasized as a crucial element in international relations. The central question of this study is: upon what foundations and evidences does diplomatic immunity rest within Islamic jurisprudence? The findings of this research, conducted through a descriptive-analytical method, indicate that the rule of amān (protection, Qurʾān 9:6) and the principle of expediency (maṣlaḥa) constitute the most important juridical bases for this institution. The results further demonstrate that, unlike modern international law where diplomatic immunity is largely grounded in contractual commitments, Islamic jurisprudence anchors it in juridical obligations and scriptural evidence. At the same time, judicial immunity, as one type of diplomatic immunity, is not absolute—unlike immunity from personal harm—and may be revoked if diplomats abuse their position. This Islamic approach establishes a balance between safeguarding the security of foreign representatives and protecting the interests of the Islamic community.
Alidoust,A. and Pouramini,M. H. (2024). Diplomatic Immunity in Light of the Qurʾān and Islamic Narrations. Quran, Islamic Jurisprudence and Law, 21(21), 53-75.
MLA
Alidoust,A. , and Pouramini,M. H. . "Diplomatic Immunity in Light of the Qurʾān and Islamic Narrations", Quran, Islamic Jurisprudence and Law, 21, 21, 2024, 53-75.
HARVARD
Alidoust A., Pouramini M. H. (2024). 'Diplomatic Immunity in Light of the Qurʾān and Islamic Narrations', Quran, Islamic Jurisprudence and Law, 21(21), pp. 53-75.
CHICAGO
A. Alidoust and M. H. Pouramini, "Diplomatic Immunity in Light of the Qurʾān and Islamic Narrations," Quran, Islamic Jurisprudence and Law, 21 21 (2024): 53-75,
VANCOUVER
Alidoust A., Pouramini M. H. Diplomatic Immunity in Light of the Qurʾān and Islamic Narrations. Quran, Islamic Jurisprudence and Law, 2024; 21(21): 53-75.
