التجاوزات الدبلوماسية في شؤون الدول في ضوء السياسة الشرعية

Diplomatic Transgressions in State Affairs in the Light of Siyasah Shar‘iyyah

Abstract

Diplomatic policy is an effective instrument and a connecting link between governments and states through the exchange of interests and mutually related relations. For this reason, the Vienna Convention on Diplomatic Relations established diplomatic laws and customs for diplomatic envoys to enable them to perform their duties in the best possible manner. Among the most important of these laws and customs is diplomatic immunity, which grants its holder numerous privileges and legal protections. However, this immunity has often been widely exploited by diplomats and envoys to serve the interests and ambitions of their respective states and governments, with little regard for international or diplomatic regulations and laws that could otherwise be imposed upon them or used to hold them accountable. This study aims to examine the transgressions of diplomatic envoys in the affairs of states in the light of siyasah shar‘iyyah, by identifying the causes of such transgressions, the commission of crimes, and the forms and types of diplomatic violations. It also seeks to determine the legitimacy of diplomatic intervention in state affairs, clarify the nature of regional and international intervention through diplomatic envoys, and analyse the impact of hostile statements made by diplomats or ambassadors against host states. Furthermore, the study discusses the consequences of these transgressions and proposes possible solutions. The researcher adopts a descriptive-analytical method to provide a comprehensive account of the nature of these transgressions, their legitimacy, and the role of international and regional intervention in conflicts. The study’s main findings indicate that Islamic law prohibits such actions, and that diplomatic immunity has been extensively misused for unlawful purposes. Under its protection, diplomatic envoys have been able to commit numerous violations and transgressions, resulting in the سقوط of governments, societal corruption, and the assassination of political opponents. Despite this, the conventions granting such immunity continue to ensure protection from prosecution and accountability for their actions. The study further confirms that such acts of transgression and interference in state affairs have existed since ancient times, and that international charters and agreements have not served as an effective barrier against them. The researcher concludes with several recommendations, most notably the adoption of Islamic legal principles that ensure the prevention of violations and transgressions, particularly as these principles are more suitable and have been practiced since the earliest periods of Islamic civilisation.