Dr. Zainab M. Al-Dinawi
Department of Public Law – Faculty of Law – King Faisal University – Al-Ahsa – KSA
Dr. Nafisa H. Badri
Department of Public Law – Faculty of Law – King Faisal University – Al-Ahsa – KSA

Abstract:

This research deals with the refugee issue in terms of international law and in terms of Islamic law. Refugees are the biggest problem facing the international community with all its organizations, yet it still remains unable to comprehend this phenomenon that has resulted from successive wars. The research presented the legal rules placed upon the host country and the refugee alike, and defined them in accordance with the standards adopted in international treaties and as defined by the Islamic Sharia.
This research has sought to clarify most of the obligations that fall on both parties, whether the refugee or the host country, from the international and legal perspectives. The research is divided into two sections to highlight the multiple obligations of both parties, whether from an international or legal point of view. This objective is achieved through relying on the descriptive, analytical and inductive approach which allows for the review of legal texts and international and regional agreements and devising their dimensions.
The research concluded that asylum is a humane situation that still exists and has been organized by the rules of international humanitarian law. However, the emergence of humanitarian disasters at the international level exacerbated the problems related to them. In addition, the provisions of Islamic law and Islamic jurisprudence were the first to provide protection and support to refugees and to encourage their assistance.
In light of the increasing challenges regarding this issue, the research recommends that the international community secures effective protection for refugees due to the crimes they are exposed to, strives to develop its interaction with the actual size of the refugee problem and their numbers around the world, takes all measures to reduce this worsening phenomenon, and addresses the real causes behind it.

Keywords: humane asylum, international humanitarian law, refugee provisions, the United Nations Refugee Convention of 1951, refugee protection.

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