The research deals with the diplomatic immunity in Islam, which give the political delegate some diplomatic privileges where he can do his duties in other countries that he represent his country in, without any constriction, or fear of his life, wealth, assistances, and his residence. There are some contemporary claims that Islam did not know anything about diplomatic immunity, and it is new in the international law, this claim is totally wrong, the Muslims knew about diplomatic immunity since the establishment of Islamic state at the time of the prophet Muhammad (PBUH).
The text from the Qur’an and the Sunnah and the practice of the prophet Muhammad (PBUH), his companions, and their successors shows that they dealt with diplomatic immunity, even though they did not use the same expression, but they used the terms: Messenger, protection of the envoy, the rights and obligation of the envoy, and other terms which refer to the same meaning as diplomatic immunity in the Islamic Fiqh books.
The reader will notice that the Islamic jurprudiance is the precedent of all other laws in establishment the foundational and the principles of diplomatic immunity. And what the international law reached will not reach the Islamic law, which gave the political delegate full protection for his/her life, wealth, assistances, and gave him/her good hospitality during their precedes
Abu Eid, Arif Khalil
"Diplomatic Immunity between Islam and International Law: Comparative Study,"
Journal Sharia and Law: Vol. 2008
, Article 8.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2008/iss35/8