Asylum and Shari’ah Law

I recently finished a book about the Quran, and it got me wondering about what Islamic Law (or Shari’ah) has to say about asylum. 

Forget the Asylum Primer…

With the help of the mighty Google, I found an interesting paper on the subject from 2009: The Right to Asylum between Islamic Shari’ah and International Refugee Law: A Comparative Study.  The study is by Prof. Ahmed Abou-El-Wafa, chief of the department of public international law at Cairo University, and was written for the United Nations.  The study was meant to begin a conversation and get feedback from various experts in preparation for publishing the second edition of the study.  This conversation is apparently on-going.

Obviously, I am no expert in Shari’ah law, but I reviewed the initial study and I thought I would mention a few highlights.  The document begins with a quote from the Quran:

Those who believed and emigrated, and strove in the cause of God, as well as those who hosted them and gave them refuge, and supported them, these are the true believers.  They have deserved forgiveness and a generous recompense. (Quranic Surat al-Anfal, “The Spoils of War” [Chapter 8 verse 74]).

Try the Quran instead.

From there, the study sets forth the conditions for granting asylum under Islamic law.  For one thing, refugees should be “warmly welcomed… and well treated.”  “This is clear from the divine phrase [in the Quran that] those who ‘show their affection to such as came to them for refuge…’ and consequently [they] should not be expelled to the borders (refouled) or denied admission.”  Indeed, asylum seekers “should not be rejected , even if the inhabitants of the territory of asylum are in dire poverty… as the [Quran] says, ‘… even though poverty was their (own lot).'”  The study further states that “Islam categorically disallows that a refugee be returned to a place where there are fears for his basic freedoms and rights (such as being subjected to persecution, torture, degrading or other treatment).” 

Most of the examples in the study involve granting asylum to Muslims, but the law of asylum also extends to non-Muslims who are seeking protection.  This is based on a “well-known Islamic principle, i.e. ‘Before the world’s calamities, all sons of Adam (human beings) are equal.'”

The study also discusses the case of a person who enters Muslim territory without permission for the purpose of seeking asylum.  While non-Muslims are generally not permitted to enter Muslim lands without permission (and may be severely punished if they do), people who enter for the purpose of seeking asylum are not subject to penalties and should be offered protection. 

Interestingly, as in international law, Islamic law lists certain people who are ineligible for asylum.  One group that is not eligible are criminals, “particularly those who have committed acts warranting prescribed penalties (hodoud, e.g. willful murder).”  Also, people who have committed “grievances” in their home country are ineligible.  Here, Islamic law distinguishes between offering asylum and sheltering offenders.  The latter is not allowed.  Further, a grant of asylum to a specific person “may be coupled with an agreement concluded with him.”  Failure to abide by the agreement can have “grave consequences.”

The report concludes that “Observance of this right [to asylum] as enshrined by Islam is a duty for every zealous Muslim.”

While the concept of asylum exists under Shari’ah law, many Islamic countries, including the wealthy Gulf states, have not signed on to international treaties concerning refugees and do not offer asylum to people fleeing persecution.  I hope Professor Ahmed’s study reaches those Islamic governments that do not offer protection to refugees.  Not only do such governments fail to fulfill the duties incumbent upon all nations; it seems they also fail to fulfill their obligations under Islamic law. 

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7 comments

  1. Here in the states, we shluod pass a constitutional amendment specifically banning Sharia. I know we already have the first amendment, but we need to make clear just how unacceptable something is that sanctions things like, religious discrimination, slavery, and wife beating. Every free society shluod do the same. I think a made this suggestion before, but repeating it won’t hurt.

    Reply
    • I suppose we should also ban Catholic Law and Jewish law? The suggestion would only make sense if Sharia were actually being implemented somewhere in the US. It is not.

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  2. I want to seek asylum from Britain in a good Muslim country as I have been suffering human rights abuses here for 17 years. I was almost blinded and deafened by people who call themselves Jews after someone framed me as a terrorist. I want to leave Britain forever and be in a decent Muslim country where people are safe. What can I do? I am so fed up of being made the victim of lies and yet more lies and suffering chemical attack after chemical attack. I need help.
    Everyone has a false image of Britain that they have a good record of human rights but they killed a million people on lies and for 12 years, I have suffered mental, emotional and physical attacks on lies. I need help. Please can someone kindly advise? Thank you for your help. God bless you.

    Reply
    • my only advice to you is that try to increase your knowledge of the Holy Qur Ann. Almighty God reveal the book to the last an final messenger, now all you have to do is that stick to the ward of your Lord.
      this require afford, God sees your heard, He knows you need help. so speak to your Lord directly He hears you, before your recite the book of God ask from God, to help you understand, specially the purpose of your life.

      And if you understand what God is talking about. Believe me you will never have grief or any kind of stress, and you will find life easier. because you will know the reason for your exiting in this life.
      Don’t be attracted with this British pass port or European pass. is not hallal for any true believer. is a fire for them? If you want to achieve your home witch Almighty God kept for you. then stay away from seeking Asylum in the west? Accept if they impalement the law of God?

      most Muslims don’t understand the Quran so be care full whom to ask. most of them will end up in Hell Fire because they don’t understand what God is talking about. they end up selling there religion in a country like Britain? changing there nationality. No one need two pass port.

      As long as you healthy don’t give up never. all this hardship you are going through will come to an end. me my self am facing serious problem with the British Immigration. Is hard to explain but they are the big criminal.

      I will pray to Almighty God to increase you in knowledge and sent His help unto you as soon as possible, and unto nation and families.

      Reply
  3. Does Shari’ah Law deal with the more modern aspect of the economic refugee? That is a person who seeks refuge but hides that fact that he may just want a better set of oportunities to better his life, or become richer. Also, have you thought about people who hold more than one passport in order to take advantage of the best benefits of more than one country without really holding a strong commitment of patriotism to just one place?

    Reply
  4. It’s really interesting yet very amazing how Islamic rule ”Sharia” talks about asylum(refugee) and sets conditions whom to allow and whom to deny protection.

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    • Yeah I do have the same question as Mr. Mike Dane. What about Muslims t who seek asylum in Europe especially in Briton by submitting forge document, forge story and tones of lies to seek better life even though they don’t have any problem in their native country. Al-Qur’an says in surah as shu’ara verse number 221-222 ” shall I inform you upon whom the shaitan decends . He decends upon every lying sinful person.” .. Are Muslim allowed to seek asylum by lying? And a country which is not a Muslim country. ..
      I am looking forward to have a kind reply. Many thanks.

      Reply

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