International Journal of Specialized Islamic Studies

Volume 2 - Issue 1 (1) | PP: 1 - 28 Language : العربية
DOI : https://doi.org/DOI:10.31559/sis2019.2.1.1
127
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The Rights of Refugees in the 1951 UN Convention from the Perspective of Islamic Law ( A Comparative Study)

Mahmoud Mohamad El Gamal ,
Abdelrahman Abdel Hamid Hassanein
Received Date Revised Date Accepted Date Publication Date
1/9/2018 25/9/2018 15/10/2018 30/3/2019
Abstract
The problem of this research lies in the existence of 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) try to contribute in 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 present those rights and duties based on the Islamic Sharia perspective. Of the most important results is that the issue of refugees is included in the Transaction Jurisprudence because it contains jurist practical rulings, and that the international relations are built on the interest whereas in the Islamic Shariah it is based on the 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 that that of the International Law. The UN Refugee Convention involved articles about the refugees’ rights authorizing the country of asylum to impose commitments some which might be aggressive and deceiving. The research highlights the Islamic Law perspective regarding the duties of the refugee should commit himself to perform in the Muslim country’s laws in effect. The Muslim country must inform him about those laws when he is applying for asylum. The Islamic Law compels the refugee to fulfil his commitments he made to individuals in the country of oppression. Asylum in the Islamic Law is not to escape your duties and commitments. There are other results the researcher has come up with in the end of his research.


How To Cite This Article
Gamal , M. M. E.& Hassanein , A. A. H. (2019). The Rights of Refugees in the 1951 UN Convention from the Perspective of Islamic Law ( A Comparative Study). International Journal of Specialized Islamic Studies, 2 (1), 1-28, https://doi.org/DOI:10.31559/sis2019.2.1.1

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