Preserving territorial integrity from the perspective of Islamic jurisprudence and its comparison with international law

Document Type : Research/ Original/ Regular Article

Author
PhD graduate of Fiqh and Fundamentals of Islamic Law Department, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
Territorial integrity, as a fundamental component of political sovereignty and a core principle of both domestic and international legal orders, occupies a central position in legal and political thought. Contemporary challenges, including separatist movements, foreign interventions, and tensions between the right to self-determination and territorial unity, have increased the need to reexamine the theoretical foundations of this principle. This study aims to analyze the foundations of territorial integrity in Islamic jurisprudence and compare them with those recognized in international law. Employing a descriptive-analytical approach, the research is based on library sources and international legal documents. The findings reveal that although the modern concept of territorial integrity is not explicitly articulated in classical Islamic jurisprudence, several Islamic legal principles provide substantial support for its protection. Among these are the Rule of Nafy al-Sabil (denial of foreign domination), the obligation of defense, the preservation of the Muslim community and polity (Hifz Baydat al-Islam), the necessity of maintaining social and political order, and the prohibition of assisting foreign domination. The comparative analysis further demonstrates considerable convergence between Islamic jurisprudence and international law regarding the protection of territorial sovereignty, prohibition of aggression, and resistance to external domination. However, significant differences remain concerning the foundations of sovereignty, the scope of protection, and approaches to self-determination. The study concludes that Islamic jurisprudence possesses significant theoretical capacity to strengthen the legal foundations of territorial integrity in addressing contemporary challenges.
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