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Refugee Survey Quarterly 2008 27(2):51-63; doi:10.1093/rsq/hdn016
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© UNHCR [2008]. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

This article appears in the following Refugee Survey Quarterly issue: ASYLUM AND ISLAM [View the issue table of contents]

Asylum in Islam and in Modern Refugee Law

Khadija Elmadmad*

* Khadija Elmadmad is a Law Professor, an Advocate and International Consultant. She is the holder of the UNESCO Chair "Migration and Human Rights", the Chair of the Rabat NGO Migration and the Law and the Chair of the Moroccan Network of Experts in Refugee Law.


  Abstract

The Muslim world is now a world of conflict and forced migrants (Dar al harb wa al muhajirun). Asylum and "refuge-seeking" are two important themes in Islamic history.

Islamic theory and teachings relating to refugees and forced displacement are known as hijrah law. It is quite different from modern refugee law. It arguably gives more protection to asylum-seekers and refugees (mustaminun). However, hijrah law is rarely referred to or invoked today. If they were taken into consideration, it could contribute greatly to the protection of the forcibly displaced. It might also reduce the numerous problems refugees all over the globe are facing.


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