DOCSLIB.ORG

The Right to Asylum Between Islamic Shari'ah and International Refugee Law, a Comparative Study, Riyadh

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Right to Asylum Between Islamic Shari'ah and International Refugee Law, a Comparative Study, Riyadh The Right to Asylum between Islamic Shari’ah and International Refugee Law A Comparative Study Prof. Ahmed Abou-El-Wafa Produced and Printed by Printing Press of Naif Arab University for Security Sciences Riyadh - 2009 (1430 H.) The Right to Asylum between Islamic Shari’ah and International Refugee Law A Comparative Study Prof. Ahmed Abou-El-Wafa Riyadh - 2009 (1430 H.) “Those who believed and emigrated, and strove in the cause of GOD, as well as those who hosted them and gave them refuge, and supported them, these are the true believers. They have deserved forgiveness and a generous recompense.” (Quranic Surat al-Anfal, "The Spoils of War" [Chapter 8 verse 74]) “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” (Universal Declaration of Human Rights. Article 14) "Every man shall have the right, within the framework of the Shari'ah... if persecuted, is entitled to seek asylum in another country. The country of refugee shall be obliged to provide protection to the asylum seeker until his safety has been attained, unless asylum is motivated by committing an act regarded by the Shari'ah as a crime". (Article 12 of the Declaration on Human Rights in Islam) United Nations High Commissioner for Refugees (UNHCR) Regional Office in the Regional Office in the Arab Republic of Egypt GCC Countries E-mail: [email protected] E-mail: [email protected] Arabic Website: English Website: www.unhcr.org.eg www.unhcr.org First Edition 2009 This book is written, on behalf of UNHCR by Prof. Dr. Ahmed Abou-El-Wafa, Chief of the Department of Public International Law, Faculty of Law, Cairo University. Opinions involved in this book are those of the author but are not necessarily those of UNHCR. Quotations from, references to and reproductions of this book for academic, educational or other non-commercial purposes may be made without prior authorization from UNHCR, subject to quotation as a reference. This book is also available in Arabic language at: www.unhcr.org.eg The English version at: www.unhcr.org Translation done by: Arab International Center for Translation Services (AICTS), Shahat Mansour, Cairo - Egypt Table of Contents Foreword: The United Nations High Commissioner for Refugees …................................................................. 3 Foreword: The Secretary-General of the Organisation of the Islamic Conference …..............................… 9 Foreword: The President of Naif Arab University for Security Sciences …...................................................14 Foreword: The Rector of al-Azhar University ...................17 Acknowlegdments ...........................................................................................25 General Introduction................................................................................…27 Chapter I: Conditions of granting asylum in Islamic Shari'ah and international law.........41 1.1 In Islamic Shari'ah ..................................................................................43 1.2 In International Law................................................................................48 Chapter II: Principles Governing the Right to Asylum in Islamic Shari’ah and international law ...............................................................49 2.1 Difference between the goal of and the principles governing the grant of asylum .........................51 2.2 Salient principles governing the right to asylum ...................52 Chapter III:Types of asylum in international law and in Islamic Shari’ah ........................................................79 3.1 Religious Asylum..............................................................................81 3.2 Territorial asylum ...........................................................................90 3.3 Diplomatic asylum .......................................................................131 Chapter IV: Legal status of refugees in Islamic Shari'ah and international law........................141 4.1. In Islam ……………………….........................…….……………...143 4. 2 In International law…………………..…………..........………175 Chapter V: Impediments to the right to asylum in Islamic Shari'ah and international law………................................………….178 5.1 Ab initio Impediments: Persons not eligible to refugee status…....................................................…180 5.2 Impediments to the continuation (perpetuation) of asylum: Temporary protection........................................201 5.3 In fine Impediments to asylum: Permanent solutions and reasons for cessation of asylum…......…205 Chapter VI: A Comparison between Islamic Shari'ah and international law in the context of the right to asylum…...…233 6.1 Points of agreement (similarities) between Islamic Shari'ah and international law concerning the right to asylum………...........................…..235 6.2 Points of disagreement (differences) between Islam and international law in respect of the right to asylum…………........................................……..236 Conclusion………………….................................................……………………254 References.............................................................................................................267 Arabic References………….......................................................……..269 English and French References…………..........................……..288 Foreword The United Nations High Commissioner for Refugees The deeply rooted Arabic traditions and customs have, for a very long time, served as a solid foundation for protecting human beings and preserving their dignity. Notions such as “istijara” (plea for protection), “ijara” (granting protection), “iwaa” (sheltering) and others are variations on the concept of “protection” which is the heart of the mandate conferred on the United Nations High Commissioner for Refugees. The Islamic Shari’a further consolidated the humanitarian principles of brotherhood, equality and tolerance among human beings. Relieving suffering and assisting, sheltering, and granting safety to the needy, even enemies, are an integral part of Islamic Shari’a, which preceded by many centuries current international human rights treaties and norms, including the right to asylum and the principle of non-refoulement, which are designed to preserve the refugee’s life and ensure his or her well-being. The Islamic Shari’a addressed the issue of asylum explicitly and in detail, and guaranteed safety, dignity and care for the “musta’men” (asylum-seeker). Moreover, Islamic society followed specific procedures in responding to asylum requests. Hence, the return, or refoulement, of the “musta’men” was prohibited by virtue of Shari’a. Today, what is known as non-refoulement constitutes the cornerstone 3 of international refugee law and relies on this very same principle. The custom of “aman” (safety) implies the protection of asylum-seekers, whether they are believers or non-believers. This is clearly stated in Surat “Al-Tawba” (repentance)): “And if anyone of the Mushrikin (polytheists, idolaters, pagans, disbelievers in the Oneness of Allah) seeks your protection, then grant him protection so that he may hear the Word of Allah (the Qur’an), and then escort him to a place where he can be secure, that is because they are men who know not”.(Ayah (verse) 6) The “istijara” featured as an overall umbrella for the asylum seeker, his or her family and property, and was particularly associated with holy places, as Surat “Al Baqarah” states: “And when We made the House (the Ka’bah at Makkah) a place of resort for mankind and a place of safety. And take you (people) the Maqam (place) of Ibrahim (Abraham) [or the stone on which Ibrahim (Abraham) stood while he was building the Ka’bah] as and We commanded Ibrahim (Abraham) and Isma’il (Ishmael) that they should purify My house (the Ka’bah at Makkah)) for those who are circumambulating it, or staying (I’tikaf), or bowing or prostrating themselves (there in prayer)”.(Ayaha 125). Also, the holy Hadith states, “He who enters the holy mosque is safe, He who enters the house of Abu Sufyan is safe; he who drops his weapon is safe; he who stays behind his closed door is safe”.1 As expressed by many scholars, the migration of Muslims to 1 Produced by Muslim in fateh makkah chapter, from kitab al-jihad was-siyar, saheeh al-bukhari 3.-1408 No. 1780, ibn Shaybah and kitab al-maghazi, verified by Dr. Abdul-Aziz al-’Omari, Riyadh, Dar Ishbilia, 1420 AH ( 1990 AD) 4 Abyssinia (Habasha) and the flight of the Prophet, (PBUH), to Medina, to avoid persecution and oppression by the people of Qureish, were acts of mercy. Yet these set an important precedent for the relationship between the asylum-seeker and the asylum provider, whereby the rights of the former are linked to the duties of the latter. More than any other historical source, the Holy Qur’an along with the Sunnah and Hadith of the Prophet of Islam are a foundation of contemporary refugee law. Even though many of those values were a part of Arab tradition and culture even before Islam, this fact is not always acknowledged today, even in the Arab world. The international community should value this 14-century-old tradition of generosity and hospitality and recognize its contributions to modern law. In this solid study the author provides a detailed explanation of Islamic Shari’a and Arab customs, including the standards and norms which underpin the legal framework on which the Office of the United Nations High Commissioner for Refugees bases its activities. The author describes how
Load more

Recommended publications
  • The Application of Ibn Khaldun's Theory Of
    Middle-East Journal of Scientific Research 11 (9): 1232-1237, 2012 ISSN 1990-9233 © IDOSI Publications, 2012 DOI: 10.5829/idosi.mejsr.2012.11.09.227010 Ibn Khaldun’s Theory of ‘Asabiyyah and its Application in Modern Muslim Society 1Asyiqin Abdul Halim, 2Mohd Roslan Mohd Nor, 2Ahmad Zaki Berahim Ibrahim and 2Faisal Ahmad Faisal Abdul Hamid 1Department of Theology and Religion, ERI Building, University of Birmingham, Edgbaston, Birmingham B15 2TT, United Kingdom 2Department of Islamic History and Civilization, Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia Abstract: The theory of ‘Asabiyyah propounded by Ibn Khaldun is the centre of his concept of al-‘umrân, which according to him has influenced the rise and fall of certain dynasties or states. This study will examine Ibn Khaldun’s theory of ‘Asabiyyah and the application of this theory within the modern Malaysian Muslim community. Certain dynasties or states were built on the notion of ‘Asabiyyah including Muslim governments in various regions of the world. However, Muslims these days are facing different challenges within this understanding of ‘Asabiyyah. These include integration, disunity within the same group, problems of immorality, criminality, social and internal and external problems. This study implies that addressing the issue of ‘Asabiyyah is a key to find solution to the malaise of the nation. Key words: Ibn Khaldun % Theory of ‘Asabiyyah % Modern Muslim society % Malay community % Nation building INTRODUCTION wanted to uphold and preserve the truth of religion. Groups of reformists and revivalists emerged to oppose Throughout Muslim history, governments have these ruling governments and as a result Muslims grew risen and fallen and been replaced by one after another.
    [Show full text]
  • Christians and Jews in Muslim Societies
    Arabic and its Alternatives Christians and Jews in Muslim Societies Editorial Board Phillip Ackerman-Lieberman (Vanderbilt University, Nashville, USA) Bernard Heyberger (EHESS, Paris, France) VOLUME 5 The titles published in this series are listed at brill.com/cjms Arabic and its Alternatives Religious Minorities and Their Languages in the Emerging Nation States of the Middle East (1920–1950) Edited by Heleen Murre-van den Berg Karène Sanchez Summerer Tijmen C. Baarda LEIDEN | BOSTON Cover illustration: Assyrian School of Mosul, 1920s–1930s; courtesy Dr. Robin Beth Shamuel, Iraq. This is an open access title distributed under the terms of the CC BY-NC 4.0 license, which permits any non-commercial use, distribution, and reproduction in any medium, provided no alterations are made and the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/by-nc/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. Library of Congress Cataloging-in-Publication Data Names: Murre-van den Berg, H. L. (Hendrika Lena), 1964– illustrator. | Sanchez-Summerer, Karene, editor. | Baarda, Tijmen C., editor. Title: Arabic and its alternatives : religious minorities and their languages in the emerging nation states of the Middle East (1920–1950) / edited by Heleen Murre-van den Berg, Karène Sanchez, Tijmen C. Baarda. Description: Leiden ; Boston : Brill, 2020. | Series: Christians and Jews in Muslim societies, 2212–5523 ; vol.
    [Show full text]
  • Fazlallah Astarabadi and the Hurufis
    prelims.046 17/12/2004 4:58 PM Page i MAKERS of the MUSLIM WORLD Fazlallah Astarabadi and The Hurufis “Shahzad Bashir is to be commended for producing a remarkably accessible work on a complex subject; his explanations are models of lucidity and brevity.” PROFESSOR DEVIN DEWEESE, INDIANA UNIVERSITY prelims.046 14/12/2004 1:37 PM Page ii SELECTION OF TITLES IN THE MAKERS OF THE MUSLIM WORLD SERIES Series editor: Patricia Crone, Institute for Advanced Study,Princeton ‘Abd al-Malik, Chase F.Robinson Abd al-Rahman III, Maribel Fierro Abu Nuwas, Philip Kennedy Ahmad ibn Hanbal, Christopher Melchert Ahmad Riza Khan Barelwi, Usha Sanyal Al-Ma’mun, Michael Cooperson Al-Mutanabbi, Margaret Larkin Amir Khusraw, Sunil Sharma El Hajj Beshir Agha, Jane Hathaway Fazlallah Astarabadi and the Hurufis, Shazad Bashir Ibn ‘Arabi,William C. Chittick Ibn Fudi,Ahmad Dallal Ikhwan al-Safa, Godefroid de Callatay Shaykh Mufid,Tamima Bayhom-Daou For current information and details of other books in the series, please visit www.oneworld-publications.com/ subjects/makers-of-muslim-world.htm prelims.046 14/12/2004 1:37 PM Page iii MAKERS of the MUSLIM WORLD Fazlallah Astarabadi and The Hurufis SHAHZAD BASHIR prelims.046 14/12/2004 1:37 PM Page iv FAZLALLAH ASTARABADI AND THE HURUFIS Oneworld Publications (Sales and editorial) 185 Banbury Road Oxford OX2 7AR England www.oneworld-publications.com © Shahzad Bashir 2005 All rights reserved Copyright under Berne Convention A CIP record for this title is available from the British Library ISBN 1–85168–385–2 Typeset by Jayvee,
    [Show full text]
  • Bright Typing Company
    Tape Transcription Islam Lecture No. 1 Rule of Law Professor Ahmad Dallal ERIK JENSEN: Now, turning to the introduction of our distinguished lecturer this afternoon, Ahmad Dallal is a professor of Middle Eastern History at Stanford. He is no stranger to those of you within the Stanford community. Since September 11, 2002 [sic], Stanford has called on Professor Dallal countless times to provide a much deeper perspective on contemporary issues. Before joining Stanford's History Department in 2000, Professor Dallal taught at Yale and Smith College. Professor Dallal earned his Ph.D. in Islamic Studies from Columbia University and his academic training and research covers the history of disciplines of learning in Muslim societies and early modern and modern Islamic thought and movements. He is currently finishing a book-length comparative study of eighteenth century Islamic reforms. On a personal note, Ahmad has been terrifically helpful and supportive, as my teaching assistant extraordinaire, Shirin Sinnar, a third-year law student, and I developed this lecture series and seminar over these many months. Professor Dallal is a remarkable Stanford asset. Frederick the Great once said that one must understand the whole before one peers into its parts. Helping us to understand the whole is Professor Dallal's charge this afternoon. Professor Dallal will provide us with an overview of the historical development of Islamic law and may provide us with surprising insights into the relationship of Islam and Islamic law to the state and political authority. He assures us this lecture has not been delivered before. So without further ado, it is my absolute pleasure to turn over the podium to Professor Dallal.
    [Show full text]
  • Musleh Maud the Prophecy of Musleh Maud
    Tarbiyyat Slide Hazrat Mirza Bashir ud deen Mahmood Ahmad (ra) Al-Musleh Maud The Prophecy of Musleh Maud hadصىل هللا عليه وسلم In a Hadith, the Holy Prophet Muhammad • prophesized that the Imam Mahdi will marry and will be bestowed with a progeny • The Promised Messiah(as) gave the following explanation of this Hadith: - The Imam Mahdi will be bestowed with a pious son who will be on the same level of spirituality as his father - That son will be among the highly esteemed ones in the eyes of Allah - That son will be the successor of his father and will advocate for the truth of Islam • In the times of the Promised Messiah(as), Islam was facing attacks from followers of other religions • Therefore, in 1886, the Promised Messiah(as) spent 40 days in complete seclusion to pray for a Divine sign in support of the truth of Islam • As a result of this secluded praying, He received several magnificent revelations and published an announcement on February 20, 1886 in which He stated: - God has honored him with the disclosure of many matters with regard to the unknown - One of the disclosures was about the advent of a son with many distinctive characteristics • Within 9 years of making this announcement, the Promised Messiah(as) was bestowed with this promised son • In Jama’at-e-Ahmadiyya, this promised son is also known as Musleh Maud (The Promised Reformer) Childhood and Early Life • He was on 12th January 1889 in Qadian • He was the eldest son of the promised Messiah(as) from his second wife, Hazrat Nusrat Jahan Begum(ra).
    [Show full text]
  • Inheritance According to the Five Schools of Islamic Law
    Published on Books on Islam and Muslims | Al-Islam.org (https://www.al-islam.org) Home > Inheritance according to the Five Schools of Islamic Law Inheritance according to the Five Schools of Islamic Law Volume 7 of 8 Author(s): Allamah Muhammad Jawad Maghniyyah [3] Publisher(s): Islamic Culture and Relations Organisation [4] This work on the Shariah or Islamic Law offers a comparative study of the Divine Law that, according to authentic Islamic doctrines, embodies the Will of God in society. In the Islamic world view, God is the ultimate legislator. The five major schools that are used in the comparison are: Hanafi, Hanbali, Shafi’i, Maliki and Jaf’ari. The present book, vol. 7 of 8, is dedicated to dissecting the intricate ways of Inheritance, the conditions and situations that may occur. The issue is presented according to the five Schools of thought. Category: Sunni & Shi’a [5] General [6] Topic Tags: Inheritance [7] Islamic Laws [8] Miscellaneous information: Inheritance according to the Five Schools of Islamic Law Volume 7 of 8 Muhammad Jawad Maghniyyah Publisher: Department of Translation and Publication, Islamic Culture and Relations Organization, Address: P.O. Box 14155 - 6187 Tehran Islamic Republic of Iran 1st Edition 1417 A. H. (1997) Circulation: 3000 Featured Category: Debates & discussions [9] Resources for Further Research [10] Responses to Misconceptions [11] Rules Concerning the Heritage The Heritage The heritage (al-tarikah) comprises the following things: 1. That which the deceased owned before his death in the form of: a) tangible property, b) debts, c) any pecuniary right, e.g. the right consequent to tahjir (demarcation of ownerless vacant land with an intention of cultivating it), where he intends to cultivate ownerless vacant land and demarcates it by constructing a wall or something of the kind, thus acquiring a right to cultivate it in preference to others; or an option (haqq al-khayar) in a contract of sale; or the right of pre-emption; or the right of retaliation (qisas ) for murder or injury, where he is a guardian of the victim (e.g.
    [Show full text]
  • Bab Al-Nasr • Is the Massive Fortified Gate with Rectangular Stone Towers Flanking the Semicircular Arch of the Eastern Portal
    كلية السياحة والفنادق)قسم اﻻرشاد السياحي( مادة اثار مصر اﻻسﻻمية 1كود المقرر ر.س 326 الفصل الدراسي الثاني الفرقة الثالثة إرشاد سياحي أ.د سماح عبد الرحمن اﻻستاذ بالقسم القائمه علي تدريس المقرر [email protected] 01010119940 Bab Zuwayla (Bab al-Mitwalli) المحاضرة اﻻولي .(1092A.D/485A.H) • One of the three Fatimid gates that remain standing, this one at the south end of al- Qahira is perhaps the least interesting structurally. An attack from Syria was expected from the north, not the south. Visually, however, with its crowning fifteenth-century minarets, it is the most dramatic and it gives into abazaar quarter that is as full of life today as it was in the middle Ages المحاضرة اﻻولي • Bab Zuwayla, also called Bab al-Mitwalli, dates from 1092. It was part of the city fortifications put up by the Armenian wazir Badr al-Gamali and his Anatolian or Mesopotamian Christian architects. The gate was named after Fatimid soldiers from the Berber tribe al-Zawila who were quartered in the vicinity after the building of the original gate in 969, when alQahira was founded. The name Bab al-Mitwalli dates from Ottoman times, when the wali, or Ottoman officer, charged with maintaining public order, had his residence and headquarters near here. المحاضرة اﻻولي • The gate's projecting, rounded towers connected by a covered passageway over the large, arched opening are northern Syrian or Byzantine, not Arab, in inspiration and spirit. The two minarets that spring from the towers belong to the Mosque of al-Mu'ayyad Shaykh, just inside the gate, which forms the wall to the west.
    [Show full text]
  • The Concept of Taqlid, of Ittiba, in Islamic
    COPYRIGHT AND CITATION CONSIDERATIONS FOR THIS THESIS/ DISSERTATION o Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. o NonCommercial — You may not use the material for commercial purposes. o ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. How to cite this thesis Surname, Initial(s). (2012) Title of the thesis or dissertation. PhD. (Chemistry)/ M.Sc. (Physics)/ M.A. (Philosophy)/M.Com. (Finance) etc. [Unpublished]: University of Johannesburg. Retrieved from: https://ujdigispace.uj.ac.za (Accessed: Date). L_S\(J \2.n'lp - - THE CONCEPT OF TAQLID, c OR ITTIBA , IN ISLAMIC LAW Prepared by ZUBAIR ISMAIL BAYAT DISSERTATION submitted in partial fulfilment ofthe requirements for the degree MASTER OF ARTS in ISLAMIC STUDIES in the FACULTY OF ARTS at the RAND AFRIKAANS UNIVERSITY MAY 1995 Supervisors: PROFESSOR A.R.I.DOI PROFESSOR J.A.NAUDE THE CONCEPT OF TAQLiD, OR ITTIBA: , IN ISLAMIC LAW TABLE OF CONTENTS Abstract Notes on transliteration Abbreviations CHAPTER ONE: INTRODUCTION AND ORIENTATION 1 1. Statement and orientation of the problem ................. .. 1 2. Aims 3 3. Methodology 3 4. Texts 4 5. Chapterisation .................................... .. 4 CHAPTER TWO: THE DEFINITION OF TAQL1D AND ITTIBA~ IN AL- SHAR!..AH (ISLAMIC LAW). ............................ .. 6 1. The concept of ta:ah (obedience) and ittiba: (proper following) in the Islamic Faith ................................ .. 6 2. Ita:ah and Ittiba, in respect of the Holy Messengers of Allah ....
    [Show full text]
  • Breastfeeding Practices, Facilitators, and Barriers Among Immigrant Muslim Arab
    Breastfeeding Practices, Facilitators, and Barriers among Immigrant Muslim Arab Women Living in a Metropolitan Area of the Southwest of United States by Wafa Khasawneh A Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy Approved December 2016 by the Graduate Supervisory Committee: Pauline Komnenich, Chair Megan Petrov Elizabeth Reifsnider Azza Ahmed ARIZONA STATE UNIVERSITY May 2017 ABSTRACT Scientific evidence strongly indicates that there are significant health benefits of breastfeeding. Lower breastfeeding initiation, duration, and exclusivity rates are found in vulnerable populations particularly among women of low socioeconomic status, and racial minorities such as immigrant, racial, and minority cultural groups. Breastfeeding disparities can contribute to negative health outcomes for the mothers, and their infants, and families. Muslim Arab immigrants are a fast-growing, under-studied, and underserved minority population in the United States. Little is known about breastfeeding practices and challenges facing this vulnerable population. Immigrant Muslim Arab mothers encounter breastfeeding challenges related to religion, language, different cultural beliefs, levels of acculturation, difficulties understanding health care information, and navigating the health care system. A cross-sectional descriptive study was used to describe infant feeding practices, and identify contributors and barriers to adequate breastfeeding using the social ecological model of health promotion. A convenience sample of 116 immigrant Muslim Arab women with at least one child, 5 years or younger was recruited from a large metropolitan area in the Southwestern United States. The results indicated that immigrant Muslim Arab mothers demonstrate high breastfeeding initiation rates (99.2%), and lengthy breastfeeding duration (M=11.86), but low rates of exclusive breastfeeding at 6 months (21.6%).
    [Show full text]
  • The Right to Asylum Between Islamic Shari'ah And
    The Right to Asylum between Islamic Shari’ah and International Refugee Law A Comparative Study Prof. Ahmed Abou-El-Wafa Produced and Printed by Printing Press of Naif Arab University for Security Sciences Riyadh - 2009 (1430 H.) The Right to Asylum between Islamic Shari’ah and International Refugee Law A Comparative Study Prof. Ahmed Abou-El-Wafa Riyadh - 2009 (1430 H.) “Those who believed and emigrated, and strove in the cause of GOD, as well as those who hosted them and gave them refuge, and supported them, these are the true believers. They have deserved forgiveness and a generous recompense.” (Quranic Surat al-Anfal, "The Spoils of War" [Chapter 8 verse 74]) “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” (Universal Declaration of Human Rights. Article 14) "Every man shall have the right, within the framework of the Shari'ah... if persecuted, is entitled to seek asylum in another country. The country of refugee shall be obliged to provide protection to the asylum seeker until his safety has been attained, unless asylum is motivated by committing an act regarded by the Shari'ah as a crime". (Article 12 of the Declaration on Human Rights in Islam) United Nations High Commissioner for Refugees (UNHCR) Regional Office in the Regional Office in the Arab Republic of Egypt GCC Countries E-mail: [email protected] E-mail: [email protected] Arabic Website: English Website: www.unhcr.org.eg www.unhcr.org First Edition 2009 This book is written, on behalf of UNHCR by Prof. Dr. Ahmed Abou-El-Wafa, Chief of the Department of Public International Law, Faculty of Law, Cairo University.
    [Show full text]
  • University of Lo Ndo N Soas the Umayyad Caliphate 65-86
    UNIVERSITY OF LONDON SOAS THE UMAYYAD CALIPHATE 65-86/684-705 (A POLITICAL STUDY) by f Abd Al-Ameer 1 Abd Dixon Thesis submitted for the degree of Doctor of Philoso] August 1969 ProQuest Number: 10731674 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10731674 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2. ABSTRACT This thesis is a political study of the Umayyad Caliphate during the reign of f Abd a I -M a lik ibn Marwan, 6 5 -8 6 /6 8 4 -7 0 5 . The first chapter deals with the po litical, social and religious background of ‘ Abd al-M alik, and relates this to his later policy on becoming caliph. Chapter II is devoted to the ‘ Alid opposition of the period, i.e . the revolt of al-Mukhtar ibn Abi ‘ Ubaid al-Thaqafi, and its nature, causes and consequences. The ‘ Asabiyya(tribal feuds), a dominant phenomenon of the Umayyad period, is examined in the third chapter. An attempt is made to throw light on its causes, and on the policies adopted by ‘ Abd al-M alik to contain it.
    [Show full text]
  • Muslims and Dogs.'
    1 nmusba.wordpress.com Table of Contents Sharī`ah Compliant Businessman Data ................................. 10 Foreword ................................................................................... 11 Shari`ah perspective on funds and sports facilities from the LOTTO Company? .................................................................. 14 Why is suicide Haram when Allah hates you? ...................... 20 Structuring the deal into installments reflecting purchase price as interest to gain tax relief. ........................................... 23 Bequest made by non-Muslim parents in favour of their Muslim children. ....................................................................... 24 An example of Dimishing Musharakah (Partnership) ......... 25 Exchanging different currencies ............................................. 28 Rent 2 Own ............................................................................... 29 Two basic forms of partnerships ........................................... 34 Income from Fraudulant Degrees .......................................... 35 Istikharah ................................................................................... 36 Importance of making a will ................................................... 38 Working as an internal auditor ............................................... 41 Why did Allah sent me to this world and test me without my conscent? ............................................................................. 43 Disposing Roti/Chapati .........................................................
    [Show full text]