REFUGEE PROTECTION UNDER ISLAMIC AND INTERNATIONAL HUMAN RIGHTS LAW: A COMPARATIVE STUDY WITH INTERNATIONAL HUMAN RIGHTS PRINCIPLES

Abstract

This paper examines the convergent and divergent aspects of refugee protection frameworks as articulated in Islamic jurisprudence and contemporary international human rights law. It critically analyzes the historical precepts and ethical underpinnings within Islamic law that address the plight of displaced individuals, juxtaposing them with the codified principles found in international conventions such as the 1951 Refugee Convention and its 1967 Protocol. This comparative analysis aims to identify areas of conceptual harmony and practical disparity, particularly concerning the principle of non-refoulement, the definition of a refugee, and the scope of rights afforded to those seeking asylum. Ultimately, this research seeks to bridge the understanding between these legal traditions, advocating for a more robust and ethically informed approach to refugee protection that integrates the humanitarian imperatives from both Islamic teachings and international human rights standards (Rifai, 2024). It further explores how Islamic legal principles, particularly Maqasid Al-Shariah, align with the objectives of international human rights law, despite historical objections from some Muslim states regarding the scope of certain provisions within the Universal Declaration of Human Rights (Soofi & Masud, 2024) (Baderin & Ssenyonjo, 2010). This alignment suggests a potential for harmonized implementation strategies, even though historical debates have highlighted sensitivities regarding specific individual rights within a Muslim cultural context (Vijapur, 2024) (Baderin & Ssenyonjo, 2010). Such objections frequently concerned the perceived anthropocentric bias in international human rights discourse, which sometimes overlooked broader ethical considerations prevalent in Islamic legal philosophy (Sargsyan et al., 2025). However, modern interpretations by international legal scholars now frequently view these historical objections not as a rejection of human rights, but as an attempt to elaborate and contextualize the human rights commitments of UN member states (Vijapur, 2024). This comparative study will meticulously examine these nuances, scrutinizing how Islamic legal frameworks, deeply rooted in divine principles and moral imperatives, converge with or diverge from the secular, state-centric foundations of international human rights law regarding refugee protection. This analysis further aims to critically assess the historical and contemporary challenges in applying these divergent frameworks, particularly in Muslim- majority states, where the integration of Islamic jurisprudence with international human rights norms remains a complex endeavor (Rifai, 2024) (Vijapur, 2024). Moreover, this paper will explore the influence of international human rights law on the development of refugee protection mechanisms, emphasizing the foundational role of instruments like the Universal Declaration of Human Rights in shaping subsequent legal frameworks (Corella, 2018).