The Rule of Prohibition of Foreign Dominance and Membership in International Organizations
Author (s) : Mohammad Ali Ekhlasi
Institution : An Academic Member of Faculty of Law, Goharshad University, Kabul, Afghanistan.
Category : Article,IJMMU
Topics : Negation of Domination (Prohibition of Foreign Dominance), International Organizations, Negation of Hardship, Public Interest, Objectives of Sharia
Abstract : The rule of “negation of domination or prohibition of foreign dominance” (Nafy al-Sabil) is one of the most important principles upon which the basis of Muslims’ relations with non-believers (kuffar) must be formed. This rule encompasses all individual and collective relations, and according to it, any relationship between Muslims and non-believers that results in the domination of non-believers is prohibited. To prove this rule, arguments are drawn from the four primary sources of Islamic jurisprudence—namely, the Quran, Sunnah, consensus (ijma’), and reason (aql). International organizations have different natures, but membership in some of them undoubtedly leads to the domination of non-believers over Muslims and thus falls under the rule of “negation of domination.” However, like many other legal principles, this rule is subject to exceptions, and within Islamic Sharia, certain pathways have been anticipated that count as exceptions to this rule, such as the principle of “negation of hardship” (Nafy al-Haraj), consideration of “the objectives of Sharia” (Maqasid al-Sharia), attention to “public interest” (Maslahah)—which includes the principle of “conflict between more important and less important matters” (Tazahum al-Aham wa al-Muhim)—and consideration of “time and place” (Zaman wa Makan).
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