Treatment of diplomatic envoys under international law and in Islam: A comparative analysis

Most literature on international law nowadays seems either to overlook or to give scant attention to the contribution of Islamic law towards the treatment of foreign diplomats in modern international law, particularly the principles relating to the protection of diplomats. It has often been maintained, especially by some Western commentators, that there is no overlap between Islamic siyar and the rules of conventional international law; they believe that Islamic law has nothing to offer the international legal system. However, most distinguished scholars of siyar since the inception of Islam have written texts on the topic of diplomatic immunities and privileges. The current increase in global attacks on diplomatic missions is, in many cases, alleged to have been perpetrated in the name of Islam. This has further widened the perceived incongruity between the two legal regimes. This study therefore critically evaluates the exactitude of the contention, sourced from both current international law and Islamic law, considering a review of the current international law for the protection of diplomats. It examines equally the compatibility of the principles governing the protection of diplomats between Islamic diplomatic law and international diplomatic law. It also contends that international law offers efficient protection for diplomats and diplomatic missions, and asks whether Islamic diplomatic law could offer solutions. It further argues the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally, to enhance unfettered diplomatic cooperation as of paramount priority.