NEW ISSUES IN REFUGEE RESEARCH Research Paper No. 146 The protection of forced migrants in Islamic law Kirsten Zaat University of Melbourne Law School Australia E-mail :
[email protected] December 2007 Policy Development and Evaluation Service Policy Development and Evaluation Service United Nations High Commissioner for Refugees P.O. Box 2500, 1211 Geneva 2 Switzerland E-mail:
[email protected] Web Site: www.unhcr.org These papers provide a means for UNHCR staff, consultants, interns and associates, as well as external researchers, to publish the preliminary results of their research on refugee-related issues. The papers do not represent the official views of UNHCR. They are also available online under ‘publications’ at <www.unhcr.org>. ISSN 1020-7473 Justice, kindness and charity* Despite Muslim States hosting large numbers of refugees1 and internally displaced persons (IDPs)2, the inherent protection and assistance afforded to forced migrants at Islamic Law3 has largely been overlooked. There is no readily available particularised fiqh (Islamic jurisprudence) on the matter, and it was not until the early 1990s that a few Islamic scholars began delving into the Shariah in the interests of finding Islamic modes of protection. Since that time, with the exception of a few recent fatwas, little academic scholarship has persisted despite the fact that the Sharia presents as a rich source of protection and assistance for forced migrants. This article seeks to lay the ground work for establishing an Islamic protection framework by consolidating and expanding existing efforts which have identify various yet incomplete modes of protection at Islamic Law.4 The author seeks to support the development of an indigenous, culturally viable Islamic protection framework which draws heavily upon long-held5 norms6 prevalent throughout the * Q16:90, “God enjoins justice, kindness and charity to one’s kindred [humanity], and forbids indecency, reprehensible conduct and oppression.” See Dawood, N.J.