ISLAM AND RIGHTS of REFUGEES or ASYLUM SEEKERS
Malaysia wants justice for crimes against humanity by Myanmar Junta but keep on raiding and arresting undocumented Myanmar nationals who entered their country to seek refuge.
Raids don’t solve problem of undocumented migrants, say activists.
In Myanmar there is a CIVIL WAR & Junta is committing CRIMES AGAINST HUMANITY but ASEAN failed to protect the refugees.
According to Islamic migration law (hijrah), individuals have the right to seek & to be granted asylum in any Muslim state. (Ref: High Commissioner’s Dialogue on Protection Challenges 20 November 2012 Theme: Faith and Protection English (12-13 December 2012)
If any disbelievers seeks your protection, grant him protection so that he may hear the word of Allah, then escort him to secure. (Surah 9:6)
Hijrah or migration, symbolize movement of Muslims from lands of oppression to those of freedom to practice Islam. In 662 AD, the Prophet Muhammad (PBUH)fled persecution in Mecca and sought refuge in Medina.
Islam obliges host societies to give asylum-seekers a generous reception, for which the hosts will be rewarded.
Asylum should be provided without discriminating between rich or poor, men or women, or Muslims and non-Muslims.
He who emigrates in the path of God will find frequent refuge and abundance” [4: 97-99].
Migration may be necessary or obligatory, if one’s life or beliefs are threatened.
There are widespread Islamophobic Hate Speeches & HATE CRIMES in Myanmar.
References about suffering of Non-Rohingya Myanmar Muslims in Myanmar
Concept of AMAN, in Shariah, encompasses the rights of refugees & asylum-seekers & duties incumbent upon their hosts.
Aman also refers to the refuge and safeguard offered to non-Muslims, even if they are in conflict with Muslims, and requires that host populations facilitate the voluntary return of refugees to their places of origin when considered safe. Such refuge remains inviolate even if the person who is being offered protection is in a conflict with Muslims [9: 6] Surat At-Tawbah (The Repentance)
Migration of faithful & prophets appear in the Holy Qur’an & history books also include stories from life of Abraham & Moses.
Hijrah denied by Muslim countries
Hijrah or Migration clearly advised by Allah in Quran
Qur’an: migration can become a necessity for anyone in times of trouble or when one’s life & beliefs R in danger.
Qur’an instructs to deal with refugees/migrants, praising those who give assistance of people in distress & to protect refugees.
The Holy Qur’an provides a set of instructions in dealing with refugees and migrants, praising
those who go to the assistance of people in distress and requiring the faithful to protect refugees
[9: 100 and 117]. It entitles refugees and internally displaced persons to certain rights and to humane
treatment [8: 72-75, 16: 41] and it condemns people whose actions prompt mass migration, viewing
them as lacking faith in God’s words [2: 84-86].
In the Qur’an: Al-Baqara
Lo! those who believe, and those who emigrate (to escape the persecution) and strive in the way of Allah, these have hope of Allah’s mercy. Allah is Forgiving, Merciful. (218)
In the Qur’an: An-Nisa
Lo! as forthose whom the angels take (in death) while they wrong themselves,
The angels will ask: In what were ye engaged?
They will say: We were oppressed in the land.
(The angels) will say: Was not Allah’s earth spacious that ye could have migrated therein? As for such, their habitation will be hell, an evil journey’s end; (97)
Except the feeble among men, and the women, and the children, who are unable to devise a plan and are not shown a way. (98)
As for such, it may be that Allah will pardon them. Allah is ever Clement, Forgiving. (99)
Who so migrate for the cause of Allah will find much refuge and abundance in the earth, and who so forsake his home, a fugitive unto Allah and His messenger, and death overtake him, his reward is then incumbent on Allah. Allah is ever Forgiving, Merciful. (100)
Quran entitles refugees & internally displaced persons to certain rights & to humane treatment [8: 72-75, 16: 41]
Qur’an also advised additional support to women & children, who R considered more vulnerable.
The Holy Qur’an also puts forth certain regulations to lend additional support to women and
children, who are considered more vulnerable [4: 2, 9, 36, 75, 98, 127, 17: 34]. Under the principle of
justice, which is the basis of all Islamic regulations [42: 15, 16: 90], those who are more at risk as a
result of migration and asylum should be offered extra support. This is also true of non-Muslims or
those who oppose the Muslim faith [5: 8]. Required alms, such as khums (one fifth of income or of the
spoils of war that Muslims are required to hand out as charity) and zakat (a portion of property that
the faithful are required to give away for charitable causes), as well as optional alms, constitute a fund
that can be used to meet the basic needs of refugees.
Asylum obligatory for states where there is injustice, intolerance, physical persecution, disease & financial insecurity.
The medieval theologian Ibn al Arabi suggests that asylum is obligatory for those coming
from states where there is injustice, intolerance, physical persecution, disease, and financial insecurity
(Eickelman and Piscatori 1990). Additionally, Zaat (2007: 11) has argued that while the Qur’an
implies that worldly consequences will befall those who do not give humanitarian assistance to those
in need, those who do provide protection and assistance will achieve a ‘special legal status’ in Islamic
law. Therefore, Zaat claims that ‘Muslim states and non-state actors… have an obligation to guarantee
the safety, security and unfettered access of those offering protection and assistance’ (ibid). It is clear,
therefore, that Islamic law encourages a humanitarian approach to refugees, asylum-seekers and
internally displaced persons.
Qur’an implies that worldly consequences will befall those who do not give humanitarian assistance to those in need.
Zaat claims that ‘Muslim states and non-state actors… have an obligation to guarantee
the safety, security and unfettered access of those offering protection and assistance’ (ibid). It is clear,
therefore, that Islamic law encourages a humanitarian approach to refugees, asylum-seekers and
internally displaced persons.
Hijrah provides a broader definition of asylum & refugees than definition of refugees in Article 1-1951 Convention.
It also appears that Islamic concepts of refugees and asylum hold two main distinctive, though
not necessarily contradictory, characteristics to those of the international state system refugee regime.
First, hijrah provides a broader definition of asylum and refugees than the definition of refugees in
Article 1 of the 1951 Convention Relating to the Status of Refugees. In Islam, all refugees should be
treated equally under God’s sovereignty. In contrast, Western law, based on state sovereignty, divides
displaced persons into refugees, asylum-seekers, stateless persons, internally displaced, returnees and
persons at risk of displacement, and appoints these groups varying rights. Furthermore, modern
refugee law only provides protection for those refugees defined by Article 1 of the Convention. It
ignores the fact that certain refugees, such as women and children, are more vulnerable than others.
In contrast to international refugee regime, Qur’an stipulates special regulations for protection of female & child refugees.
In contrast to the international refugee regime, the Holy Qur’an stipulates special regulations
for the protection of female and child refugees, who are more vulnerable than the general refugee
population. This is based on the principles of justice that are the foundation of Islamic law [42: 15, 16:
90] and that require the protection of those who are more at risk, even if they are non-Muslims.
Following the Prophet’s declaration of brotherhood among the Muhajirun and Ansar and his
statement that: “The rights of migrants are the same as those of their hosts,” women and children
refugees are given the same rights as the women and children of the host society [8:75]. These include
the right to remain with their family or be reunited with them, as well as to be treated well at all times.
Thus Islamic laws on refugees remain a significant source of protection for the rights of refugees,
migrants and asylum-seekers. These laws could provide a faith-based guarantee of the rights of
women and children in particular and, if explored, could answer some of the questions posed above.
Rights of women & children of host country R same as rights of women & children who R taking refuge there [8: 75]
Some rights in Islam of refugees and asylum-seekers, especially women and children
(Rahaei 2009):
• All people fleeing persecution are entitled to asylum and the rights associated with that status.
• Measures to meet the needs of these individuals are a public duty.
• Refugees should not be left vulnerable to persecution and injustice.
• The rights of the women and children of the host country are the same as the rights of women
and children who are taking refuge there [8: 75]. That was why the Prophet declared
brotherhood among the Muhajirun and Ansar and stated that “The rights of migrants are the
same as those of their hosts”. In other words, such women and children, whether accompanied
by their families or not, should be offered the same protection as women and children of the
host country, in keeping with local or international law.
• Any decision with regard to refugee children should take account of their basic interests
[2:220]. They are entitled to a healthy upbringing and education. From an Islamic perspective,
children are innocent, their talents should be fostered [4: 2-4] and they should not be
discriminated against.
• Children and women, according some interpretations of Sharia, are more vulnerable, should
be treated with affirmative action (positive discrimination). The Muslim Prophet reiterated the
rights of women and children more than any other group. Refugee children and women are
among the most deprived people in the world and Muslims should allocate part of their
charitable efforts to their support. From a religious perspective, what is offered to these
individuals is theirs by right [70: 24, 25]. If the guardian of a child is granted asylum, the
child has to be offered the same status, thus preserving the right of children to remain with
their family.
• The right of these individuals to be reunited with their families should be respected. If parents
of these children are not found, the children’s relatives should provide protection. They
should be assisted to return to their place of origin when such movement is deemed safe
[9: 6].
• They should be treated well at all times.
Hijrah gives individual asylum-seekers the right both to seek and to be granted asylum by the society to which they have fled.
19. The second major contrast between modern refugee law and Islamic law is the designation of
asylum-granting power. Modern international law lacks any stipulation that gives asylum seekers the
full right to asylum. In international law only states have the power to grant asylum
20. In comparison, hijrah gives individual asylum-seekers the right both to seek and to be granted
asylum by the society to which they have fled. While the 1948 Universal Declaration of Human
Rights gives every human being the right to seek and enjoy asylum from persecution in their country
of origin, it does not obligate states to grant asylum to refugees. The UDHR states that: “everyone has
the right to seek and enjoy in other countries asylum from persecution”; however, the right to enjoy
asylum does not equal the right to be granted asylum.
In Islamic law, all individuals, including non-Muslims, have the right to flee persecution & seek protection in Islamic community.
The provision of refugee assistance is obligatory to people
who flee from “injustice, intolerance, physical persecution, disease, or financial insecurity”
To provide assistance is obligatory to who flee from injustice, intolerance, physical persecution, disease or financial insecurity.
21. In Islamic law, all individuals, including non-Muslims, have the right to flee persecution and
seek protection in an Islamic community. The provision of refugee assistance is obligatory to people
who flee from “injustice, intolerance, physical persecution, disease, or financial insecurity”
(Kirmani/Khan). Since these types of persecution interfere with a Muslim’s religious practices, the
line between religious and non-religious grounds for persecution remains blurred. Classic Islamic
notions focus on the duty of Muslims to flee religious (and non-religious) persecution regardless of
the degree of persecution. In Islam, asylum is not only the right of forced migrants. The asylumseeker also has a duty to flee, and the host society a duty to provide protection. Muslims must seek
refuge from injustice and abuse, and in turn they are obliged to accept and protect those fleeing.
Although asylum & refugees R integral to Islam,
Hijrah is SADLY rarely invoked by Muslim states today.
However, despite their adherence to Islam or Sharia law, Muslim states rarely refer to hijrah when dealing with refugees.
Islam, refugee law and the state
22. Although asylum and refugees are integral to Islam, hijrah is rarely invoked by Muslim states
today. Worldwide, there are currently over 1.3 billion Muslims, divided into two main sects, Sunni
and Shiite. Most Muslim refugees flee from violent armed conflict or authoritarian regimes in their
countries. However, despite their adherence to Islam or Sharia law, Muslim states rarely refer to
hijrah when dealing with refugees. The original concept has seldom been applied throughout history.
However, in spite of its lack of prior use by states, hijrah could provide an important framework for
the treatment of refugees and asylum-seekers by Muslim and non-Muslim states.
23. The practicability of applying these principles remains problematic, however. For example,
who is not a refugee in Islam? Or, what sort of mechanisms could be put in place to protect refugee
rights rather than subjugate them to the will of host states? More study is needed into Sharia to see
what is offered as a comprehensive legal system for the protection of refugees and IDPs, and to
correlate it with current understanding of protection. For example, while there is a right to seek
asylum, exemplified most notably by the Prophet’s migration to Medina to avoid persecution, there is
no overtly stated obligation on the part of Islamic states, in Sharia at least, to provide asylum.
SOURCE: ISLAM AND REFUGEES
