Transgressions of the legal foundations of diplomatic immunities and privileges In Islamic jurisprudence and international law

Document Type : Original Article

Author

Assistant Professor, Department of Jurisprudence, College of Science and Arts in Khamis Mushait, King Khalid University, Kingdom of Saudi Arabia

Abstract

The issue of transgressions the legitimate or legal foundations of immunities and diplomatic privileges in Islamic jurisprudence and international law, and its problem was represented in the following question: What are the limits of the legal foundations, their provisions, types and conditions, and how did the legal foundations of immunities develop? What is the legal nature of the immunities and privileges of a diplomatic envoy?
The research derives its importance in that it discusses one of the topics related to Islamic jurisprudence and international law and knowledge of transgressions of the legal foundations of immunities and privileges for messengers and ambassadors. It is considered one of the most important science which the student,  knowledge seeker and the jurist should be aware of in the legitimate policy jurisprudence.
The aim of the research is to define the transgressions of the legal foundations, their definition and development, the benefits of standing on the sources, the legitimacy of the immunity of the messengers and ambassadors in the Holy Qur’an, the Sunnah and consensus, and to know the provisions of the security contract, its types and conditions.
The researcher depended in her research on :-
Inductive deductive methodology basically through tracing the  jurisprudence opinions from Islamic sources, as well as texts related to the legal foundations of immunities in Islamic jurisprudence and international law.

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