The Position of the Rule of "Nabz" within the Jurisprudence of the International Relations and Foreign Policy of the Islamic State

Due to the expansion of the international relations among countries, the Islamic States nowadays are forced to communicate and interact with the Islamic and non-Islamic states. Among the important and challenging issues is the explanation of the limits and the degree to which the Islamic State adheres to the international treaties in accordance with the jurisprudence of the international relations. Chapter 10 of the Constitution of the Islamic Republic of Iran, inferred from the Islamic jurisprudence and Sharia, emphasizes on the regulation of the country's foreign policy based on the Islamic standards and upon the rejection of all forms of domination, both the exertion of it and submission to it, and the maintenance of comprehensive independence and non-commitment to hegemonic powers and peaceful co-operation with non-belligerent states. In this line, the Islamic State may conclude agreements to protect the country's interests and to maintain active relations with other states, both Muslim and non-Muslim. The adherence and the principle of fidelity to the covenant are obligatory, even versus non-Muslim states, as long as they are bound by the treaty. However, by using the verse 58 of Surah Anfal, the jurists have cited the rule of Nabz during different eras, according to which as soon as they see the signs and evidences of betrayal by the infidels in a definite way and in cases where the other party commits conspiracies, the leader of the Islamic State may declare the treaty null and void. Implementing the Rule of Nabz provided with the conditions is binding based on the Book and Sunnah, Shiite and Sunni consensus, and the rational implication. In the present study, using a descriptive and analytical method, the position of the jurisprudential rule of "Nabz" in the jurisprudence of the international relations has been described and analyzed.