THE PRINCIPLE OF NON-REFOULMENT IN ISLAMIC ANDINTERNATIONAL LAW FOR ASYLUM SEEKERS

Abstract

A person who seeks asylum has a number of important rights under the Islamic and International law. The primary aim of this paper is to through light on the right of asylum seeker in Islamic and International law and also to define the right of principle of non-refoulment. This study will compare International refugee law with the Islamic customs and rules about asylum and will explain how Islamic law and practice respects Muslim as well as non-Muslim asylum seekers and prohibit from forcing them to change their religion and guarantees the protection of their lives and property. It will explain the similarities between both laws like e concept of aman in Islam presents an example of an egalitarian principle i.e the principle which is invoked by modern judicial systems to protect the rights of the aliens. To conclude, it will further explain the differences between Islamic law and international refugee law as in Islamic law any citizen of Islamic state may grant asylum while in International law only state has the right to grant asylum.