The right to asylum between islamic shari'ah and international refugee law : a comparative study
. 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. Notions such as “istijara” (plea for protection), “ijara” (granting protection), “iwaa” (sheltering) and others are variations on the concept of “protection” which is the heart of the mandate conferred on the United Nations High Commissioner for Refugees. The Islamic Shari’a further consolidated the humanitarian principles of brotherhood, equality and tolerance among human beings. Relieving suffering and assisting, sheltering, and granting safety to the needy, even enemies, are an integral part of Islamic Shari’a, which preceded by many centuries current international human rights treaties and norms, including the right to asylum and the principle of non-refoulement, which are designed to preserve the refugee’s life and ensure his or her well-being. The Islamic Shari’a addressed the issue of asylum explicitly and in detail, and guaranteed safety, dignity and care for the “musta’men” (asylum-seeker). Moreover, Islamic society followed specific procedures in responding to asylum requests. Hence, the return, or refoulement, of the “musta’men” was prohibited by virtue of Shari’a. Today, what is known as non-refoulement constitutes the cornerstone 4 of international refugee law and relies on this very same principle.
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