Islamic Law and Transnational Diplomatic Law: A Quest for Complementarity in Divergent Legal Theories

Although Carl von Clausewitz in the nineteenth century stated that war is a continuation of politics but by other means, that saying basically reflects what can be called negative diplomacy, which should be resorted to only when constructive and positive diplomacy fails miserably. However, positive and constructive diplomacy usually fails due to the lack of understanding of diplomatic law in different cultures, or the existence of a unified perspective on diplomacy, which is why the cross-cultural perspective and legal systems of diplomacy and diplomatic law are so important in all times.

Although the Charter of the United Nations began with an explicit determination to work “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind” it is ironic that nations still display and measure their strength by their possession of arms, and by their ability to subjugate each other by war, not by their ability to resolve conflicts and disputes through positive and constructive diplomacy.

Hence, this contribution of Islamic law and international diplomatic law is extremely important, especially with regard to upholding international peace and security in our world today. Considering the outbreak of many conflicts around the world in recent years, this detailed comparative analysis of the concept and practice of diplomacy has been conducted very late, especially from the Islamic and international legal perspective.

Although there are many studies published in the past that explored the issue of diplomacy under Islamic law, international law, or other civilizations separately, it is evident that this present work is the first full-length study in recent times that has conducted an in-depth and comparative examination of cultures and legal systems on this subject within the framework of Islamic law and international law.

Considering the increasing importance of developing diplomacy and diplomatic law in order to respond to contemporary challenges in international relations, this book makes a real contribution to strengthening positive and constructive diplomacy, by providing a careful comparative analysis of this subject, as well as the thesis of compatibility and complementarity between international diplomatic law and Islamic diplomatic law. Certainly academics, diplomats, and policymakers alike will find this work indispensable both at the level of theory and at the level of practice.