Principles of Legitimacy of Intervention in Islam and the International Legal System

@ Jabbar Mohammadi Bolbanabad / Master of Jurisprudence and Fundamentals of Islamic Law Islamic Azad

University, Central Tehran Branch                                                                         jabarmohammadi@gmail.com

Majid Vaziri / Assistant Professor, Department of Islamic Jurisprudence and Law, Islamic Azad University, Central Tehran Branch                                                                                                                       dr.majid.vaziri@gmail.com

Received: 2021/02/18 - Accepted: 2021/06/10

Abstract

In the Islamic and international legal system, interference in the internal affairs of states is prohibited based on the principle of non-interference. An exception has been made based on principles and criteria according to this principle. This study examines the most important principles of the legitimacy of intervention from the Islamic point of view on referring to jurisprudential and legal sources to explain and develop the concept of intervention by mentioning similar cases in the international legal system. The purpose of this study is to make greater compliance and interaction of the principles of intervention legitimacy with the existing laws in the international legal system and the emerging issues in the world today. This study is introduced principles of human dignity, the jihad of invitation, defense of the other people, and the principle of collective security, defensive jihad or legitimate defense and intervention according to the invitation or contract as the most important principles of the legitimacy of intervention by using descriptive, and analytical study.

Keywords: intervention, Islam, international law system, human dignity, elementary jihad.