According to the Tasnim news agency from Qom, Hassan Abdipour, regardless of the responsibilities he has had in international arenas, has an international approach and thinking. A lot of experience and numerous participation in scientific programs in other countries has made him one of the important experts in this field. We asked him about the competitive advantages of jurisprudence of international relations to be among the jurisprudence and legal systems of the world.
He believes that the current jurisprudence of international relations is not ready to be among the world’s legal and jurisprudence schools. He considers it necessary for jurisprudence scholars to revise their priorities, approaches and the structure of international relations jurisprudence. The details of our conversation with the former head of the International Department of the Research Institute of Islamic Sciences and Culture about international jurisprudence are as follows:
Tasnim: What competitive advantages does international relations jurisprudence have that can be understood by the contemporary world to be present in the international arena?
Abdipour: The jurisprudence of international relations has become more important in the current situation and after forty-five years of experience in the Islamic Republic of Iran. This branch of jurisprudence tries to help achieve sustainable peace and security at the global level by using religious teachings. The jurisprudence of international relations, while determining the tasks and duties of actors in the international arena, acts as a basis for formulating the foreign policy of countries and can pave the way for constructive interactions based on values in the world stage.
In order to effectively enter the field of jurisprudence of international relations, it is necessary that this field has a coherent and comprehensive civilizational literature to enable dialogue and cooperation with other civilizations and cultures. Also, due to the fact that the West and the system of liberalism have addressed all the political, economic, cultural and educational fields in their discourse and defined the individual and social tasks of their followers, the development and expansion of jurisprudence in all dimensions and aspects of life is an inevitable necessity. Without this comprehensive development, entering the international arena will face serious challenges and it will not be possible to present a solid and efficient model based on Islamic values. In other words, the development of jurisprudence in different dimensions is a basic prerequisite for an effective and meaningful presence in the international arena and providing an alternative and inspiring discourse.
The basic requirements for the development of international relations jurisprudence are a new look at the jurisprudence of disputes, comprehensiveness, politeness and avoiding extremes. Also, for the effective development and application of international relations jurisprudence in today’s world, it seems necessary to comply with prerequisites. One of these prerequisites is the concept of “jurisprudence of disagreement”, which refers to the principled acceptance of disagreement and the promotion of a culture of genuine and constructive acceptance of it, rather than mere tolerance of disagreements. In addition to this, it is necessary to develop specific jurisprudential rulings to deal with disputes, especially by distinguishing between constructive and destructive disputes based on their effects and consequences.
In this regard, taking inspiration from the experiences and successful approaches of previous scholars can be very helpful. Comprehensiveness is also one of the important principles in examining controversial issues; This means that one should avoid superficiality and pay attention to all the different dimensions of the issues. In addition, ethics and politeness play a key role in expressing disagreement and dialogue, and observing mutual respect can make the social atmosphere more productive.
Dealing with extremism is another vital prerequisite that can be used as a tool to prevent violence and extremism by accepting the principles of difference. Compliance with these principles and preconditions guarantees that the jurisprudence of international relations is presented in the form of a constructive and effective discourse in the world arena and plays a role in creating understanding and cooperation between international institutions and societies.
Tasnim: What are the specialities of Shia international relations jurisprudence in relation to other religions and religions?
Abdipour: Shia jurisprudence, relying on the revealed sources and the way of the Ahl al-Bayt (peace be upon them), has a huge capacity to develop the jurisprudence of international relations. The scientific and practical life of Ahl al-Bayt (AS), relying on rationality, moderation, and attention to human needs around the world, is respectable and has special features for Islamic and non-Islamic societies. Therefore, some possible specializations of Shia international relations jurisprudence towards other religions and religions (assuming the existence of international relations jurisprudence in those religions and religions) can be explained as follows:
Justice-oriented and denial of domination: Shia jurisprudence emphasizes justice as a fundamental principle in international relations and rejects any domination and colonialism. Meanwhile, other views may prioritize other considerations such as national interests over justice. Avoiding oppression, both to Muslims and non-Muslims, is one of the basic principles of Shia jurisprudence.
Prioritizing the protection of the lives and interests of Muslims: Shia jurisprudence prioritizes the preservation of the lives and interests of Muslims in conflict situations. This principle, in certain circumstances, can justify some precautionary or temporary measures in international relations, for example, accepting an unjust treaty to prevent a devastating war. Of course, this principle is always bound to observe justice and try to eliminate oppression.
A different look at Dar al-Islam and Dar al-Kufr: The division of the world into “Dar al-Islam” and “Dar al-Kafr” in Shia jurisprudence is based on the rule of Islamic laws. This division is, in practice, more flexible and emphasizes interaction with non-Muslim states based on mutual respect and common interests.
Emphasis on commanding the good and forbidding the bad: Shia jurisprudence considers the command to be known and the prohibition of negation to be valid at the international level as well. This principle can justify diplomatic or promotional measures in order to promote Islamic values and confront immoral behavior at the global level. However, this principle is always bound to respect wisdom and expediency and should not lead to violence or imposition of opinions.
The role of Velayat al-Faqih in foreign policy: Velayat al-Faqih (if its conditions exist) has a central role in determining foreign policy and international relations. The religious jurist, considering the interests of Islam and Muslims, makes decisions on important international issues and provides the necessary guidelines. This feature gives more coherence and harmony to the Shiite political system in the international arena.
Taqiyyah as a strategy in emergency situations: The principle of taqiyyah allows certain beliefs and behaviors to be temporarily hidden in emergency situations to protect the lives and interests of Islam and Muslims. This principle can be used in international relations, especially in situations where Muslims are in the minority or are facing threats.
Tasnim: Does the current jurisprudence of international relations have the necessary capacity to be present in the international arena, or does it require changes in the inference method, rules, evidence, etc. to be able to be present in this arena?
Abdipour: International relations jurisprudence in its current state does not have the necessary capacity to be effectively present in the international arena, and in order to realize such a presence, there is a serious need to revise its inference method, rules and evidence. The challenges caused by modernity and extensive changes in the lifestyle, attitudes and expectations of human beings have doubled the necessity of reviewing Islamic jurisprudence. Modernity, with fundamental changes in the social, political and cultural fields, has placed new and complex expectations on religious communities. Today, religion, which used to be known mostly in the religious and individual spheres, must respond to multi-layered and complex social, anthropological and even international issues.
Shia jurisprudence has suffered a historical setback due to lack of long experience in governance and active presence in international arenas. This problem has caused that the necessary capacities for interaction and competition in the field of international relations in this school have not yet reached their highest level; Therefore, in order for Shia jurisprudence to emerge as a serious school of thought and law among other religions and religions of the world, it needs fundamental changes. These developments require a detailed understanding of international issues and relations, redefining priorities and changes in jurisprudential inference structures and methods.
In line with this development, Islamic jurisprudence has seen a significant expansion in terms of quantity and quality in recent years. This development has been manifested not only in the diversity and deepening of jurisprudential issues, but also in dealing with social and political issues. The emergence of social and political jurisprudence is a response to new needs that have arisen as a result of more complex social relations and changes in the nature of political life. This development has caused Islamic jurisprudence, beyond the field of worship and individual issues, to enter into larger issues that are directly related to social life and governance.
But these changes are not enough on the surface alone. In order to respond effectively to the needs of today’s world, Islamic jurisprudence needs a fundamental revision of its foundations, purposes and goals. This revision should be in such a way that jurisprudence can provide a deep and well-reasoned answer to the issues in line with the developments of the time and based on contemporary needs in various fields. Today, rapid changes in technology, economic, political and family structures have revealed the need for dynamism and modernization of Islamic jurisprudence more and more. In this direction, it seems necessary to move towards dynamic, civilized and governmental jurisprudence, as well as the development of international jurisprudence.
In addition, the emergence of additional jurisprudence such as medical jurisprudence, environmental jurisprudence, media jurisprudence, etc. has provided an opportunity to adapt Islamic jurisprudence to the specialized needs of the times. This specialized approach can show the capabilities of Islamic jurisprudence in solving the problems of the modern world and help it to get out of the passive state against external developments.
In general, the current situation requires Islamic jurisprudence to go beyond the existing situation and move towards serious changes in its approaches, priorities and structures. This development will not only contribute to a more comprehensive response to human needs, but will also highlight the pioneering role of Islam in managing civilizational challenges. Dynamic and civilized jurisprudence can act as one of the key tools in the formation of modern Islamic civilization and present Islam as a leading discourse in solving global challenges.
Tasnim: What actions and policies should be done for the efficient presence of Shia international relations jurisprudence in the international arena?
Abdipour: For the efficient presence of Shia international relations jurisprudence in the international arena, fundamental reconstruction and policies in all aspects of this field are necessary. Despite the wide capacities of Shia jurisprudence, it will be possible to adapt it to the needs of the modern world by reviewing the structures and identifying international opportunities. This process should be based on the principles of justice, sustainable peace and attention to human values. In the following, the most important proposed measures are presented in summary:
1. Reviewing the principles and methods of jurisprudence
International relations jurisprudence must go beyond traditional frameworks and redefine concepts such as “Dar al-Salaam” and “Dar al-Kafr” in accordance with the concept of peaceful coexistence and international law. Paying attention to the principle of “interest” and using it in jurisprudential decisions can contribute to constructive interaction with the world community.
2. Development of jurisprudence based on peace and diplomacy
The approach of Shia jurisprudence should emphasize peace, justice and active diplomacy. This includes accepting peace treaties, reducing adversarial attitudes, and focusing on non-military means to solve problems and advance Islamic goals.
3. Preservation of religious identity in the age of globalization
Shia jurisprudence must maintain its religious identity and moral values while interacting with other cultures and civilizations. This is possible through creating frameworks for mutual respect and valuing differences.
4. Clarifying the role of defense and jihad
A precise redefinition of Jihad, including primary Jihad (which is closed during the Age of Ghubit) and defensive Jihad (to defend the rights of Muslims and counter aggression), helps to reduce global misconceptions about Islamic jurisprudence.
5. Justice and ethics in international relations
International interactions should be regulated based on moral principles and Islamic justice. Using these principles, Shia jurisprudence can provide an alternative to secular legal systems and emphasize values such as human dignity and the rejection of oppression.
6. Development of additional jurisprudence
To respond to complex global issues, the need for modern jurisprudence such as environmental jurisprudence, human rights, international treaties and media is necessary. These branches can adapt Islamic jurisprudence to the new issues of the modern world.
7. Strengthening public and international diplomacy
Cultural diplomacy and social discourse should be among the priorities of Shia jurisprudence. Using the media, interacting with international organizations and taking advantage of cultural capacities can help to introduce Islamic values. In this regard, it is necessary to teach the skills of diplomacy, dialogue and constructive interaction with international communities.
8. Educational and research policy making
The creation of specialized scientific centers in the field of jurisprudence of international relations, the development of academic research, and the inclusion of topics such as Islamic diplomacy and civilized jurisprudence in the educational system are serious requirements. The new generation of jurisprudents and jurisprudents should be familiar with the language of international law and international relations.
9. Human rights in Shia jurisprudence
Shia jurisprudence must strengthen human dignity, negate discrimination and defend the rights of individuals, especially in critical situations. Transforming moral rules into a legal system that can be presented to the world can create a prominent position for Shiite jurisprudence in the world.
10. Interaction with international institutions and assemblies
It is necessary to create effective strategies for interacting with organizations such as the United Nations, the Organization of Islamic Cooperation, and international courts. Shia jurisprudence should benefit from these capacities to defend the rights of Muslims and provide jurisprudential solutions for global issues.
As a result, Shia jurisprudence of international relations, with emphasis on justice, ethics, sustainable peace and diplomacy, has the capacity to play an effective role in the world system. However, the realization of this position requires a review of traditional structures, the development of new doctrines, the training of diplomacy and interaction skills, and the use of international mechanisms. Only by adopting strategic policies and flexible approaches, Shia jurisprudence can be turned into a leading tool for managing modern international challenges. The effective presence of international jurisprudence in the contemporary world depends on changes in priorities, changes in approaches and restructuring of its structure.
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منبع:تسنیم
