Refugee Rights in the 1951 UN Convention From Islamic Perspective (a Comparative Study)

Abstract

The problem of this research lies in the refugees’ crisis in the world. The current situation of these refugees requires a comprehensive study to clarify their rights and duties in the international law and the international conventions in the light of Islamic Shariah. The objectives of the research are (1) to state the refuge dilemma and the risks the refugees face, (2) to try to find legal solutions for the crisis by clarifying the refugees’ rights in detail after explaining the concept of taking refuge, refugee, asylum, its types, and stating the duties of the refugees towards the countries of asylum and the commitments they must take, and (3) then to present those rights and duties based on the Islamic Shariah perspective. Of the most important results is that the issue of refugees is included under the fiqh al-mu`amalat (jurisprudence of transactions), because it contains juristic practical rulings, and that the international relations are built on interests whereas in the Islamic Shariah it is based on human dignity, forbearance, cooperation, justice and reciprocally related treatment. The Islamic Law is unique in admitting the rights of the refugee in the asylum to a more extent than that of the International Law. The UN Refugee Convention involved articles about refugees’ rights authorizing the country of asylum to impose commitments some which might be aggressive and deceiving.