Nazrat Istishrafiya fi Fiqh al-Alaqat al-Insaniya bayn al-Muslimin wa Ghayr al-Muslimin
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- Editions
- The book is published on the website of the Saudi Ministry of Awqaf without data
Nazrat Istishrafiya fi Fiqh al-Alaqat al-Insaniya bayn al-Muslimin wa Ghayr al-Muslimin (Foresight Perspectives on the Jurisprudence of Human Relations Between Muslims and Non-Muslims) is a legal treatise by Dr. Hasan bin Muhammad Safar examining the principles governing Islamic international relations, the rights of non-Muslims, diplomatic immunity, and the rejection of extremism and terrorism.
Background and Purpose
The treatise was originally prepared as a research contribution for an international conference titled "Islam's Stance on Terrorism," hosted in Riyadh by Imam Mohammad Ibn Saud Islamic University. The author composed the study to counter contemporary allegations associating Islam with violence, extremism, and terrorism, seeking to clarify misconceptions by presenting textual and jurisprudential evidence demonstrating Islamic moderation, justice, and principles of civilizational dialogue.
Structure and Content
The work is organized systematically around several key themes:
- Conceptual Definitions: Clarifies terminology related to relations and political violence, distinguishing between violence (‘unf), extremism (taṭarruf), moderation (i‘tidāl), tolerance (tasāmuḥ), and terrorism (irhāb), referencing classical dictionaries as well as contemporary definitions such as that of the Islamic Fiqh Academy.
- Foundational Norms of Relations: Asserts that peace, coexistence, and mutual cooperation form the primary basis of interaction between nations in Islamic law, while armed conflict is an exception.
- Rights of Non-Muslims and Religious Freedom: Details the guarantees provided by Islamic jurisprudence to non-Muslim residents in the Muslim state regarding their life, property, honor, and freedom of conscience. It affirms religious coexistence and procedural equality before an independent judiciary.
- Safe Passage (Amān) for Foreigners: Discusses the legal status of foreign visitors (al-musta’minūn), establishing that they are entitled to comprehensive protection upon entering Muslim territory for trade, diplomacy, or dialogue, citing Quranic verses and classical rulings from figures such as Ibn Kathir, Al-Qurtubi, and Muhammad ibn al-Hasan al-Shaybani.
- Diplomatic Relations and Immunity: Analyzes the protection and inviolability of envoys and diplomats (‘iṣmat dam al-mufawwaḍīn), tracing precedents from the Prophet's ﷺ conduct and the jurisprudence of early scholars such as Al-Awza'i and Al-Sarakhsi. It argues that Islamic jurisprudence anticipated modern international diplomatic conventions (such as the Vienna Convention) regarding personal immunity and the handling of national security violations through expulsion or declaring an envoy persona non grata.
- Fulfillment of Pacts and Counterterrorism: Emphasizes the strict obligation to honor treaties and covenants (al-wafā’ bi-l-‘ahd). It concludes with an overview of efforts against terrorism, highlighting legal declarations and resolutions issued by Saudi Arabia's Council of Senior Scholars that classify acts of bombing, sabotage, and terrorizing civilians under the severe legal category of highway robbery and destabilization (ḥirāba).
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