اور انسانی وقار کا تقابلی مطالعہ (Non-Refoulement) اسلامی شریعت اور بین الاقوامی قانون میں مہاجرین کے تحفظ کا اصول :عدمِ واپسی

THE PRINCIPLE OF REFUGEE PROTECTION IN ISLAMIC LAW AND INTERNATIONAL LAW:A COMPARATIVE STUDY OF NON-REFOULEMENT AND HUMAN DIGNITY

Abstract

This research paper examines the concept of asylum and refugee protection in Islamic law through a comparative analysis of classical Islamic jurisprudence, particularly the political and legal thought of Abu al-Hasan al-Mawardi in Al-Ahkam al-Sultaniyyah, and contemporary international refugee law. The study explores the foundational Islamic concepts of Aman (protection), Istijarah (seeking asylum), Musta’min (protected non-citizen), and the sanctity of human life, highlighting their legal and ethical significance within the framework of Islamic governance. It further analyzes the principle of non-refoulement in international law, especially within the 1951 Refugee Convention and modern human rights instruments, to identify areas of convergence and divergence between the two systems. The research demonstrates that both Islamic law and international refugee law share common objectives regarding the protection of human dignity, life, and security, although they differ in their philosophical foundations and legal structures. The paper also evaluates the practical challenges faced by contemporary Muslim states in dealing with refugee crises and proposes a harmonized legal and institutional framework grounded in Islamic principles and compatible with international legal standards. The study concludes that Islamic legal tradition possesses significant normative and ethical resources that can contribute meaningfully to contemporary refugee protection discourse and policy development.