Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in Afghanistan
The Middle East region, especially the Islamic territories, has always witnessed some kinds of military and diplomatic interventions by European and Western states. Since World War II, these interferences are shaped and continued in various forms such as intervention by invitations, agreements, or m...
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| Format: | Article |
| Language: | fas |
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University of Qom
2022-06-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
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| Online Access: | https://csiw.qom.ac.ir/article_2235_096d6cd896f2d876eb9b45abddd1dc6b.pdf |
| _version_ | 1797233046373531648 |
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| author | Seyed Mostafa Mirmohammadi |
| author_facet | Seyed Mostafa Mirmohammadi |
| author_sort | Seyed Mostafa Mirmohammadi |
| collection | DOAJ |
| description | The Middle East region, especially the Islamic territories, has always witnessed some kinds of military and diplomatic interventions by European and Western states. Since World War II, these interferences are shaped and continued in various forms such as intervention by invitations, agreements, or military assistance. Foreign intervention in the region has not been and is not possible without the permission or support of local entities. What may justify or legitimize permission or accompanying foreigners in Islamic international jurisprudence is the concept of "asking help from non-Muslims", "recourse to non-Muslim" (or Istianat). This article, while examining this notion in the Islamic teachings, compares it with concept of "intervention by invitation" in modern international law and explores the scope and extent of application of "Istianat" in the times of short or long presence of foreign military in Islamic territories. This issue has been raised since the US and its regional allies’ military intervention in Iraq, and now, two decades later, it may be discussed on the current situation in Afghanistan and the Taliban’s return to power. The withdrawal of Western troops from Afghanistan might be considered as a turning point in ending the Western coalition's military intervention in the Islamic territories and future developments in the region. |
| first_indexed | 2024-04-24T16:09:56Z |
| format | Article |
| id | doaj.art-64c58d149a2e44e4ba87e8049e1c783f |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:09:56Z |
| publishDate | 2022-06-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-64c58d149a2e44e4ba87e8049e1c783f2024-03-31T19:12:01ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212022-06-019233735410.22091/csiw.2022.8007.22462235Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in AfghanistanSeyed Mostafa Mirmohammadi0Associate Professor, Department of International Law, Faculty of Law, Mofid University.The Middle East region, especially the Islamic territories, has always witnessed some kinds of military and diplomatic interventions by European and Western states. Since World War II, these interferences are shaped and continued in various forms such as intervention by invitations, agreements, or military assistance. Foreign intervention in the region has not been and is not possible without the permission or support of local entities. What may justify or legitimize permission or accompanying foreigners in Islamic international jurisprudence is the concept of "asking help from non-Muslims", "recourse to non-Muslim" (or Istianat). This article, while examining this notion in the Islamic teachings, compares it with concept of "intervention by invitation" in modern international law and explores the scope and extent of application of "Istianat" in the times of short or long presence of foreign military in Islamic territories. This issue has been raised since the US and its regional allies’ military intervention in Iraq, and now, two decades later, it may be discussed on the current situation in Afghanistan and the Taliban’s return to power. The withdrawal of Western troops from Afghanistan might be considered as a turning point in ending the Western coalition's military intervention in the Islamic territories and future developments in the region.https://csiw.qom.ac.ir/article_2235_096d6cd896f2d876eb9b45abddd1dc6b.pdfmilitary interventionrecourse to non-muslim (istianat)intervention by invitationislamic international lawislamic emirate of afghanistan |
| spellingShingle | Seyed Mostafa Mirmohammadi Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in Afghanistan پژوهش تطبیقی حقوق اسلام و غرب military intervention recourse to non-muslim (istianat) intervention by invitation islamic international law islamic emirate of afghanistan |
| title | Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in Afghanistan |
| title_full | Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in Afghanistan |
| title_fullStr | Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in Afghanistan |
| title_full_unstemmed | Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in Afghanistan |
| title_short | Intervention by Invitation in International Law and Recourse to Non-Muslims (Istianat): A Reflection on the Newly-Founded Islamic Emirate in Afghanistan |
| title_sort | intervention by invitation in international law and recourse to non muslims istianat a reflection on the newly founded islamic emirate in afghanistan |
| topic | military intervention recourse to non-muslim (istianat) intervention by invitation islamic international law islamic emirate of afghanistan |
| url | https://csiw.qom.ac.ir/article_2235_096d6cd896f2d876eb9b45abddd1dc6b.pdf |
| work_keys_str_mv | AT seyedmostafamirmohammadi interventionbyinvitationininternationallawandrecoursetononmuslimsistianatareflectiononthenewlyfoundedislamicemirateinafghanistan |