Evolution and Practices of Diplomatic Immunity Under Islamic Traditions and International Law
Evolution and Practices of Diplomatic Immunity Under Islamic Traditions and International Law
Nehaluddin Ahmad
Arman Haji Asmad
Norulaziemah binti Zulkiffle
Abstract: Since the inception of Islam in the 7th Century, Islamic law has continually emphasised the principles of diplomatic immunity and the consistent practice of Muslim heads of State also clearly establishes the privileges and immunities of diplomats in Islamic law. The purpose of this article is to find out to what extent the concept of diplomatic immunity under modern international law and Islamic law are compatible with each other. After tracing the historical background of diplomatic immunity under Islamic and international law, the article analyses the different sources of Islamic law related to diplomatic immunity and various instances of its application in traditional Islamic practices. The doctrine of personal inviolability and freedom from the local court’s jurisdiction within the framework of both legal systems is specifically discussed in this article. Though there have been various changes in the way nations interact with each other, the fundamental functions of diplomacy in Islamic State practices and their machinery have not been changed in modern international law. Furthermore, with the development of new concepts, especially under different international treaties, that have extended the principle of immunity, Islamic State practices have shown to be dynamic and flexible to accommodate such new changes. The article affirms that the rules of diplomatic immunities in Islamic law are derived from the Quran and the Sunnah. It further establishes that the diplomatic principles between Islamic diplomatic law and modern international diplomatic law are compatible and calls for the need to harmonise the two legal systems to foster a thorough cross-cultural understanding among them.

Please Sign in if already registered Subscriber.


Please Register and make the necessary subscription payment to activate your account.

Adobe Reader