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Migration

The right to asylum between Islamic Shari’ah and international refugee law: a comparative study

Islam, refugees and the humanitarian principles of asylum

Authors: A. Abou-El-Wafa
Publisher: United Nations [UN] High Commission for Refugees , 2009

Today, the majority of refugees worldwide are Muslims. This fact occurs at a time when the level of extremism, ethnic and religious, is on the rise around the globe, even in the world’s most developed societies. Racism, xenophobia and populist fear-mongering manipulate public opinion and confuse refugees with migrants and even terrorists. These attitudes have also contributed to misperceptions about Islam, and Muslim refugees have paid a heavy price.

The deeply rooted Arabic traditions and customs have, for a very long time, served as a solid foundation for protecting human beings and preserving their dignity. The Islamic Shari’a further consolidated the humanitarian principles of brotherhood, equality and tolerance among human beings. In this study the author provides a detailed explanation of Islamic Shari’a and Arab customs, including the standards and norms which underpin the legal framework on which the Office of the United Nations High Commissioner for Refugees bases its activities.

The author describes how Islam honoured refugees, even if they were non-Muslims, forbade forcing them to change their beliefs, did not compromise their rights, helped reunite families and guaranteed the protection of their lives and possessions. The author has also collected a number of Qoranic texts and ancient Arabic poetry, dated before and after the appearance of Islam, and provides a thorough explanation of these texts and sources.