Islamic law influences modern global refugee law: UN study

By: Our Staff Reporter | June 23, 2009 |
UNITED NATIONS - The 1,400-year-old Islamic custom of welcoming people fleeing persecution has had more
influence on today's international refugee law than any other traditional source, according to a new study
sponsored by the United Nations High Commissioner for Refugees (UNHCR).
High Commissioner Antnio Guterres said that more than any other historical source, Islamic law and tradition
underpin the modern-day legal framework on which UNHCR bases its global activities on behalf of the tens of
millions of people forced from their homes around the world.
This includes the right of everyone to seek asylum as well as prohibitions against sending those needing
protection back into danger, Guterres said in the foreword to "The Right to Asylum between Islamic Shari'ah and
International Refugee Law: A Comparative Study."
In the study, Professor Abu Al-Wafa, Dean of the Law Faculty at Cairo University, describes how Islamic law and
tradition respects refugees, including non-Muslims; forbids forcing them to change their beliefs; avoids
compromising their rights; seeks to reunite families; and guarantees the protection of their lives and property.
"The international community should value this 14-century-old tradition of generosity and hospitality and
recognise its contributions to modern law," wrote Guterres.
He said: "Racism, xenophobia and populist fear-mongering manipulate public opinion and confuse refugees
with illegal migrants and even terrorists."
These attitudes have contributed to misperceptions about Islam, and Muslim refugees - who account for the
majority - have paid the price, said Guterres. "Let us be clear: refugees are not terrorists. They are first and
foremost the victims of terrorism. This book reminds us of our duty to counter such attitudes," he added.
The study, published by UNHCR in cooperation with Naif Arab University and the Organisation of the Islamic
Conference (OIC), is scheduled to be launched on June 23 at Naif Arab University in Riyadh, Saudi Arabia.

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