CAIRO: Researchers found that Islamic teachings have had a greater impact on modern international refugee law than any other source or body of law.
The United Nations High Commissioner for Refugees (UNHCR) released a report Tuesday on the influence of Islam on international refugee law.
The study, entitled The Right to Asylum between Islamic Sharia and International Refugee Law: A Comparative Study, was conducted in conjunction with Naif Arab University in Riyadh.
The 14-century long history of fair treatment of refugees and asylum seekers was found to be more critical today than ever. Islamic teachings and Sharia espouse acceptance and tolerance for those fleeing from persecution or hostilities. Refugees possess basic human rights and should not be sent back into the situations from which they fled. This concept, which is established in verse 6 of chapter 9 in the Quran (Surat Al-Tawba), forms the basis for the principle of non-refoulement in international law. The Quran states: If anyone of the idolaters seeketh thy protection (O Muhammad), then protect him so that he may hear the Word of Allah, and afterward convey him to his place of safety. That is because they are a folk who know not. The reports notes that the protection and rights of refugees called for and eventually codified in Islam were significant in the 7th century. But the principles outlined in the Quran, Sunna and Hadith appropriated and cultivated earlier practices on the Arabian peninsula. In fact, the idea of ijarah, or asylum, pre-dates Islam. Arab society had a comprehensive and humane set of terms and norms dictating the treatment of refugees. Yet, the findings of the report directly contradict the current reality for refugees in many predominantly Muslim countries. Their track record of coming to the aid of refugees or providing them with safe harbor is blemished, at best.
On its part, the report reaffirms or perhaps reminds individuals of the moral and religious obligation they have towards refugees. Palestinian refugees continue to languish in camps. Whether for lack of resources or a desire to keep the conflict afloat, the inaction on the part of neighboring, majority Muslim states, is unacceptable.
Sudanese refugees come to Egypt, escaping the conflict in their homeland.
But in Egypt, they often face discrimination, exploitation and even violence with few state structures in place to protect them.
Afghanis in Pakistan face similar conditions – nearly one million are in camps according to UNHCR, where they suffer the maltreatment of Pakistani security forces. Many in Pakistan have called for their return to Afghanistan, without regard for the danger they might face there. In a UNHCR press release, Antonio Guterres, who spearheaded the report, noted that today, the majority of the world s refugees are Muslims. Islam has extensively informed international refugee law. At times, human rights and international law have been at odds – or have been portrayed as such – with Sharia and Islamic teachings. In this instance, a co-opting of Islam to the ends of protecting refugees is taking place. Whether such a co-opting will have a meaningful impact on the policy and consciences of leaders in the Muslim world is uncertain. The small gesture of taking a refugee into one s private home that was common in early Arab culture is not a concept which easily translates into action in 2009.
Today s refugees flood foreign lands in far greater numbers than they would have centuries ago.
The challenges they pose and the needs they possess are innumerable. They necessitate formal, state-sanctioned responses.
