نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری فقه و حقوق، دانشگاه شهید مطهری (ره)، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Interstate conflicts and political divergence are among the most important challenges facing the Islamic world. The present study, with a descriptive-analytical approach and with the aim of providing an endogenous solution, seeks to design a jurisprudential-legal framework for resolving disputes by reinterpreting the Prophet's life as a "dynamic legislative source." By analyzing the qualitative content of four key case studies (the Treaty of Medina, the Treaty of Hudaybiyah, the Conquest of Mecca, and diplomatic letters), this research shows that prophetic diplomacy is not simply a set of moral recommendations, but a coherent legal doctrine. The findings led to the extraction of twelve fundamental principles in three areas: 1. Legal-structural (based on contractual citizenship and collective security), 2. Diplomatic-behavioral (based on the priority of negotiation and expediency-oriented flexibility), and 3. Legal-restorative (based on general amnesty and restorative justice instead of criminal justice). These principles, which cover the entire cycle of relations, from state formation to crisis management and sustainable post-conflict peace, have the capacity and legitimacy necessary to establish a “Supreme Judicial Council of the Islamic Ummah.” This framework, based on the foundations of jurisprudence and shared values, can serve as an effective complement to contemporary international institutions.
کلیدواژهها [English]
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