The Concept of Succession of States and Its Distinction from Caliphal Succession and Inheritance in Islamic Jurisprudence and International Law

Abstract

The topic of state succession is one of the most important issues in international law, as it concerns a key element in the formation of a state-namely, its territory-and the changes that may affect it depending on the circumstances, whether through the loss of part of its territory, the union of two or more states into a single state, the dissolution of a state, or the fragmentation of a state into several states... etc. These changes have significant consequences, and the study of this topic requires a historical perspective, as the international community witnessed major changes in the second half of the twentieth century-particularly after the founding of the United Nations in 1945-due to the independence of several states from colonial rule, as well as the emergence of other states resulting from certain international policies and internal conflicts. Despite the international community’s efforts to address the consequences of these changes, scholarly opinion has differed regarding the naming of this phenomenon. Some have referred to it as “succession” and “inheritance,” as well as “delegation,” although the objectives and language of jurisprudence vary according to the schools of jurisprudence to which the jurist belongs; this has prevented the identification of the most appropriate term for the phenomenon under study. Consequently, the objectives and meanings associated with the use of the term “istikhlaf” were the closest to reality in terms of connotation, purpose, and concept. We hope that this research has contributed to identifying the most appropriate term for the subject of this study.