Publication: حق الهجرة واللجوء في الشريعة الإسلامية والقانون الدولي
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Date
2020-11-18
Journal Title
Journal ISSN
Volume Title
Publisher
Penerbit USIM, Universiti Sains Islam Malaysia
Abstract
This study aims to clarify the concept of the right of immigration & asylum, by considering them as the most important aspect of human rights whether in Islam or the competent laws, with indicating the methods of comparison between the Islamic doctrine & the international law concerning the human rights, and possibility of intersection of immigration with asylum.This study aims to achieve a lot of objectives such as clarifying the separating line between the behavior of legal or illegal refugees, and the situation of the refugees enjoying the asylum conditions and concentrating on the legal description & the opinion of the Islamic doctrine in this concern, whereas the immigration problem is a social phenomenon of humanity concerns. The relationship between the refugees situation & the human rights is a strong relationship. There is international recognition by the right to travel since more than half a century, by virtue of issuing the international declaration for human rights in 1948. Accordingly the immigration issue, including the refugees problem deals with several legal topics, whereas the rules of the international law are determining whom are subject to the refugees conditions & setting controls for their problems whereas the refugees problem increases more & more, due to the different circumstances prior to launching of the second international war, due to wars & conflicts in the world. This paper adopts the analytical descriptive methodology for collecting the opinions of religious people, researchers, people of doctrine & law and their evidences in this concern. The study has achieved several results, the most prominent of which are:-The Islamic doctrine & law are confirming the right for liberty in traveling for people & protecting it fully, the human rights protection involves relevant concepts with justice that are clear in religions, particularly in Islamic religion, and the proper human philosophies are mentioned in holly Quran & legislation fundamentals. The Islamic doctrine protects the human rights. The Islamic doctrine surpasses all international conventions. There is difference between the Islamic doctrine & international laws regarding immigration and asylum. The Islamic religion grants the individual the right for travelling from one place to another every Islamic country should allow the entry of any Muslim to it. This research paper achieves an important point regarding the asylum which is non- discrimination by color or race or religion. This is constant in the Islamic doctrine & international law. Recently some European countries prefer that the asylum claiming individual should rely to the same religion of the asylum country, this indicates that the asylum region should accept coming of refugees. The researcher concluded that non Muslims have been justice to Islam regarding the asylum right as a crucial of human rights. An opinion in the western jurisprudence claims returning the right of asylum in Islam to the aspect of generosity & hospitality. Whereas in the Islamic land it is considered as a sole right for refugees.
Description
E-PROCEEDING 3rd INTERNATIONAL CONFERENCE OF THE POSTGRADUATE STUDENTS AND ACADEMICS IN SYARIAH AND LAW 2020 (3rd INPAC 2020)
"Syariah and Law Approach in Solving Contemporary Issues"
Organized by: Faculty of Syariah and Law
Date: 18 November 2020
Keywords
Immigration - Asylum - Islamic -The international law