Document Type : Conceptual paper (Political Thought)

Author

• Mahshid Yaraghi Esfahani

Assistant Professor of International Law, Department of International Law, Faculty of Law and Theology, Shahid Ashrafi Esfahani University, Isfahan, Iran.

Abstract

The traditional conception of sovereign immunity, rooted in the notion of absolute state authority, increasingly conflicts with contemporary demands for justice and accountability. This article proposes a reconceptualization of sovereign immunity through an Islamic political framework that views sovereignty not as an inherent entitlement but as a divine trust (‘amāna’) conditional upon the realization of justice (‘ʿadl’) and the promotion of public welfare (‘maṣlaḥa’). From this perspective, immunity must serve the purpose of protecting legitimate sovereign functions rather than shielding violations of individual rights. By analyzing the evolution from absolute to restrictive immunity in international law and aligning it with Islamic governance principles, the study argues for a justice-centered model where immunity is granted selectively, contingent upon the sovereign’s adherence to ethical and legal obligations. This trust-based understanding ensures that sovereignty remains a mechanism for the preservation of human dignity and the prevention of oppression (‘ẓulm’), rather than a barrier to accountability. The article advocates for a normative shift toward recognizing sovereign responsibility as intrinsic to sovereign rights, offering a new lens through which contemporary debates on immunity can be assessed.

Keywords

• sovereign immunity
• absolute immunity
• restrictive immunity
• Islamic Political Thought
• Human Rights

Main Subjects

• islamic politic