Hormuz Strait a Global Waterway

The Strait of Hormuz has long been a focal point of geopolitical and legal debate. Its strategic importance extends far beyond the territorial claims of Iran and Oman, shaping global energy markets, military doctrines, and environmental policies. The challenge of governing such a critical passage remains unresolved, caught between the language of sovereignty and the demands of collective responsibility.

International law traditionally frames the strait as a space where free navigation is a fundamental principle. This principle, however, is often misunderstood as implying that stability is a natural byproduct of geography, rather than a result of continuous institutional effort. Ships do not move through abstract legal concepts; they traverse waters that require permanent systems of surveillance, ecological protection, and emergency response. The environmental vulnerability and militarization of the Gulf generate risks that remain concentrated locally, while the global economy benefits from the stability of the passage. This creates a structural imbalance between global advantage and local burden.

Islamic jurisprudence offers a framework that challenges the modern fixation on sovereignty as absolute ownership. In both Sunni and Shi‘i traditions, the distinction between milk (unrestricted ownership) and amanah (entrusted responsibility) occupies a central role. The Qur’anic notion of amanah, as articulated in Surah 33:72, describes responsibility as a trust carried by humanity, not a right to dominate. Classical scholars like al-Ghazali and al-Qurtubi emphasized that entrusted responsibility is inseparable from accountability before both God and society. Similarly, Shi‘i legal reasoning ties authority to the preservation of maslahah (public welfare), not to the unilateral appropriation of resources.

This conceptual framework aligns with the unique status of Hormuz. The strait is not merely territorial property; it is a globally consequential passage that requires custodianship. Iran and Oman, as coastal states, are not proprietors but amins (trustees) responsible for maintaining navigational safety, environmental sustainability, and secure passage. Under this model, financial obligations tied to the strait must derive legitimacy from custodial responsibility, not from sovereign entitlement.

The environmental dimension of this argument is important. The Persian Gulf is one of the world’s most fragile marine ecosystems, and the dense flow of commercial vessels through Hormuz generates continuous ecological risks. Classical Islamic legal maxims, such as “harm must be removed” and “there shall be neither harm nor reciprocating harm,” acquire renewed relevance in addressing modern ecological vulnerability. Environmental protection becomes an intrinsic obligation of custodianship, not an external imposition.

Trusteeship without transparency collapses into appropriation. The contemporary Iranian state, characterized by opaque institutions and limited public accountability, faces skepticism in any claims to legitimate maritime contributions. A system of non-discriminatory service charges could only gain ethical and international credibility under a genuinely accountable political order, where revenues are directed toward environmental restoration, infrastructure development, and navigational safety rather than militarized patronage.

The deeper significance of Hormuz lies in its challenge to the modern understanding of strategic geography. Certain places transcend the logic of ownership because their function sustains entire economies, populations, and regions. Their significance cannot be confined within the borders of any single state. The strait is not merely a passive location; it actively produces politics, shaping military doctrine, energy markets, and global anxieties.

The challenge remains: what does it mean to inherit a geography upon which the entire world depends, yet which no one can fully own? The answer lies in reimagining sovereignty not as possession, but as responsibility. Hormuz demands a governance model that balances custodial duty with global equity—a model that neither reduces it to a nationalist symbol nor treats it as a mere toll road. Only through such a framework can the strait’s future be secured, not as a geopolitical weapon, but as a shared trust for the world.

AmirAli Maleki is a researcher specializing in international law and the philosophy of law, and the Editor of PraxisPublication.com. He works in the fields of political philosophy, Islamic philosophy, and hermeneutics. He is the recipient of JURIST’s 2026 David M. Crane Rule of Law award.