دور الاسلام فی تطویر القانون الدبلوماسی The Role of Islam in the Development of Diplomatic Law
مجموعه مقالات کنفرانس اندیشه اسلامی دانشگاه ملی UKM مالزی پاییز 1383
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The Role of Islam in the Development of Diplomatic Law
By: Mustafa Mirmohammadi
Diplomatic Law is a branch of International Law in the development of which the divine religion of Islam had a significant role. It is a well-known fact that prior to the formulation of the rules of International law religious and moral rules dominated diplomatic relations for a quite long time. Diplomatic relations, in particular, and International relations in general are the products of various civilizations and religions.
The religion of Islam, quite contrary to a misconception which considers it a religion of war, is the religion of peace and the state of war is an exception of state of affairs.
On the being of the principle of peace, the establishment of diplomatic relations and the dispatch of convoys and delegations is conducted by the Islamic state. The principle of relations with other nations as one of their basic rights emerges from the said principle in the form of concepts such as friendly relations and the promotion of scientific, Economic and cultural cooperation. The collection of political and administrative documents coming down from the era of the prophetic mission indicates that the holy prophet, in person, made substantial contribution to the development and the strength of foreign relations.
The most fundamental issue in diplomatic Law is the basis of conferring diplomatic immunities and privileges. In. International Law Since the 16th century have been three major theories in this regard: “Extra Territorium” “representative theory” and recently “functional theory”. This last theory which is adopted by International conventions and lawyers had been reflected, centuries ago in the works of Muslim jurists as an established theory. The principle of the immunity of the convoys is approved by the practice of the prophet. He endorsed the custom of immunity of and respect for the convoys.