SOAS Research Online

Abstract

The essence of this study is to clarify the position of the Islamic tradition with regard to refugees based on the main Islamic Sunni sources and to examine the interface between this tradition and the 1951 Geneva Convention relating to the status of refugees. This study is the first that carries such examination since the endorsement of the 1951 Convention. This study is composed of four chapters with an introduction and a conclusion. The first chapter explains the concept of jiwar (protection), which was a governing custom in the Arabs' life in the jahiliyya, while the second chapter traces the concept of jiwar after the advent of Islam in Mecca. The purpose of the two chapters is to establish how the Prophet and his followers dealt with the jiwar custom when they were oppressed and sought jiwar the non-Muslims and also when they were able to offer jiwar to fleeing non-Muslims in Medina. The third chapter deals mainly with aman (safe conduct) in the Islamic tradition. It also defines several relevant terms, such as dar al-harb, dar al-Islam, mustajir, muhajir, musta'min and dhimmi, in order to put the concept of aman in context. Due to its particular significance, the study undertakes an extensive examination of the different interpretations of the verse (9:6) which is considered the cornerstone in legalising, by analogy, the concept of refuge in the Qur'an. The fourth and final chapter comprises a comparison between the Islamic tradition relating to the laws of aman and the 1951 Geneva Convention relating to the status of refugees. The conclusion however, highlights the close similarities between the Islamic tradition and the Geneva Convention and therefore recommends the Arab and Islamic governments to endorse the 1951 Geneva Convention relating to the status of refugees. And if necessary to make reservations concerning certain Articles taking account of the internal circumstances of each state.