چکیده:
The concept of asylum and the definition of a refugee differ from the perspective of Islam compared to international documents. Although both jurisprudence (Fiqh) and international sources have recognized rights for refugees. The phenomenon of asylum, just as it has a wide historical scope and legal developments in international law, is also accepted in Islam and holds a special and privileged position, such that from the very beginning of the formation of the Islamic state and even before the emergence of Islam, the tradition of asylum and protection of refugees has existed and has possessed a religious form, which in Islamic jurisprudence is referred to as 'Aman' (safety/protection). Islam's view regarding the rights of refugees is not religious and exclusive, but rather completely universal and with a view toward all of humanity. Asylum entered the realm of international law treaties with the adoption of the Convention Relating to the Status of Refugees in 1951. In international law, asylum has mainly been in the form of a recommendation and does not possess strong enforcement mechanisms along with international structures. The rights and duties of refugees in Islam and international law are more or less similar to each other, and since 'Aman' is a contract, the Islamic state can accept other conditions and rights of refugees as implicit terms of the contract, provided they are not contrary to Sharia or public interest. This article, using an analytical method, examines the comparative study of refugee rights with respect to Islamic sources and international law.
خلاصه ماشینی:
The phenomenon of asylum, just as it has a wide historical scope and legal developments in international law, is also accepted in Islam and holds a special and privileged position, such that from the very beginning of the formation of the Islamic state and even before the emergence of Islam, the tradition of asylum and protection of the refugee has existed and has also enjoyed a religious form, which in Islamic jurisprudence is interpreted as asylum under the title of Aman.
Following the increase in concerns of governments regarding refugees and the fact that the refugee issue was causing insecurity and lack of peace in some countries, asylum also entered the domain of international law treaties with the approval of the Convention Relating to the Status of Refugees in 1951.
A refugee to an Islamic country, by requesting asylum, seeks Aman (protection) from the Islamic country, and in fact, his primary concern is Dar al-Islam itself, rather than having a problem in his own homeland; whereas the refugees referred to in international law usually flee from their country of normal residence to another country due to fear of persecution and to save their life, property, and freedom (Falsafi, 1395: 89).
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