Ma`rifat Siyasi

Nowadays, due to the secular nature that governs the worldview of governments, customary dos and don'ts play a significant role in regulating the behavioral pattern of governments. In the field of foreign policy and international relations, international custom plays the most important role in regulating the behavior pattern of governments. Therefore, considering the importance of the international custom, the present paper pays attention to the requirement arising from the mentioned custom, and discusses its Sharia validity. Using an ijtihad method and relying on the principles of governmental jurisprudence, this paper shows that even based on the basis of those jurists who, in the validity of custom, do not consider its contemporaneity with the age of infallibles as a condition, it is not possible to prove the criteria of the validity of jurisprudential custom for international custom. Therefore, in case of inconsistency of the Shariah ruling with the dos and don'ts of the international custom, the Shariah ruling cannot be assigned as the first ruling and the adherence to it will be justified as a partial cause and with the permission of the guardian of Islamic society and in the form of the secondary title of the interest of the Islamic Ummah.