Refugee Survey Quarterly Advance Access originally published online on June 25, 2008
Refugee Survey Quarterly 2008 27(2):15-23; doi:10.1093/rsq/hdn029
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This article appears in the following Refugee Survey Quarterly issue: ASYLUM AND ISLAM [View the issue table of contents]
Asylum: A Moral and Legal Right in Islam
* Dr Muddathir Abd al-Rahim is a political scientist with special interest in international relations, human rights, Islamic political thought and institutions, minorities, and inter-civilizational dialogue. Since 1997 he has been Professor of Political Science and Islamic Studies at the International Institute of Islamic Thought and Civilization in Kuala Lumpur, Malaysia. This article is partly based on three of the writer's earlier publications: Asylum and Sanctuary in Islam, paper presented at the Seminar on "The Protection of Refugees in Arab Countries", San Remo, Italy, 16–19 January 1984; "Islam and Questions of Asylum and Refugees", Islam and Contemporary Social Problems, Amman, Jordan, Jordanian Royal Academy for Islamic Civilization Studies, July 1997; and "The Human Rights Tradition in Islam", in W. H. Brackney (ed.), Human Rights and the World's Major Religions, Vol. 3, Westpoint, Connecticut and London, Praeger Publishers, 2005.
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The ethical teachings and juridical principles of Islam – especially with regard to the dignity of humans and the need to protect it under all circumstances – coupled with the personal example and directives of Prophet Muhammad concerning asylum and the treatment of refugees, led to the development in Islamic civilization of a comprehensive and highly sophisticated system of ethical values and legal rules in the context of which the granting of asylum and the protection of both migrants and refugees have been universally and unequivocally regarded as moral and legal obligations, not only by states and governments, but also by individuals and civil society. In this article, it is hoped that the nature and structure of these teachings and principles are clearly, if briefly, explained. Aspects of the practical application of these norms and principles in history are also highlighted.