أثر اهتمام الشريعة الإسلامية و القانون الدولي الإنساني في حقوق اللإجئين : دراسة مقارنة

الملخص EN

In this research we have focused on the impact of the Islamic concerns and the international humanitarian law towards the refugees/asylum seekers and their rights, and aimed to know how would the Islam and the international humanitarian low have saved the refugees rights, on the other hand we will focus on rights of the refugees that mentioned in both laws.

This research shows that the Islamic law is the leader in what’s related to asylum seekers and refugees rights that should be given to them, and that was clearly mentioned in the Holy Qura’an and Sunnah.

Sunnah and Holy Qura’an are existed before the international laws, and giving the asylum right is not the authority of the prefect only, and it could be given by the representatives of the prefect, on the other hand , the prefect or the representatives have also the right to deny the permission for any unmuslim to enter the country in a special cases and for special reasons, although; if we compare between the Islamic law and the international law in this part we will find a difference ,that the international law gives the asylum right if it’s given by the government of the host country, and no one else have permission to let any human in without their approval.

The Islamic Law have had assured that getting the residency or joining the military forces for any Unmuslim country is allowed in a specific cases and other than that its forbidden.