Refugee Rights in Islam and in Modern Refugee Law With Special Reference to The Non-Refoulement Principle

Authors : Khadija Elmadmad

Pages : 51-68

View : 125 | Download : 47

Publication Date : 2023-12-29

Article Type : Research

Abstract :The Islamic humanitarian and protective principles relating to forced migration (hijrah) are important themes of the Islamic history and theory. In Islam, hijrah is a genuine human right. It is a duty, a right and a comprehensive and effective protection. Many verses of the Holy Quran and numerous Hadith (Sayings of Prophet Muhammed, peace be upon him (PBUH)) deal with forced migration and refugees. Hijrah law is quite different from modern refugee law. It guarantees more rights to forced migrants (muhājirūn), notably the right to be granted asylum, not to be returned and to be protected. Comparatively, in modern refugee law, forced migrants have the right to seek asylum, the right not to be refouled, but not the right to get asylum. The protection guaranteed in this law is quite limited. Hijrah law goes beyond the principle of non-refoulement as included in international refugee law. It guarantees for forced migrants the right to live as part of the host community and not only not to be refouled. The present Islamic world, which is supposed to be the world of peace and security (dar assalaam wal amaan), has become the world of conflicts and of forced displacement (dar al-harb wal hijrah). However, when dealing with forced migration and with migrants, this world refers rather to modern refugee law and hardly to the Islamic teachings and principles relating to hijrah and muhājirūn. until recently, hijra theory and law have been overlooked by scholars and researchers and only a few specific studies have been conducted about the subject. If taken into consideration and practiced, hijrah law could contribute a lot to enhancing the protection of the forcibly displaced persons and reduce the problems they are facing now, including refoulement.
Keywords : Forced Migration, hijra, refugee law, refugees, forced migrants, migrants’ rights, non-refoulement principle, Islamic law and principles relating to migration and population movements.