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Volume :23 Issue : 72 2008      Add To Cart                                                                    Download

Right of Political Asylum in both Shari’ah and International Law ( A Comparative Study ).

Auther : Dr. Waleed Khalid Al-Rabe’i

Right of Political Asylum in both Shari’ah and International Law ( A Comparative Study ).

Dr. Waleed Khalid Al-Rabe’i

Prof. Assistant Comparative Fiqh & Shari’ah Policy. Faculty of Shari’ah & Islamic Studies. University of Kuwait.

This research deals with the definition of political asylum, showing its rules and controls and its effects on Islamic Fiqh and international law to focus on the most important features of international legislations in this issue combined with showing that Islamic Shari’ah had preceded attention to this human need many centuries before through Shari’ah contexts, entire rules and Fiqh interpretative.

Political asylum in international law is: protection which a country grants to an individual who requests it when certain conditions are applicable. Political asylum in international law is equivalent to security contract or ( Aqd Aman ) in Islamic Shari’ah with some difference in some conditions, reasons and effects.

Scholars of international law stated that political asylum is a right warranted by international legislations. They even urged on it, defended it and made protection of refugees the responsibility of countries according to 1951 treaty and protocols of 1967. international law scholars see that the right of protecting refugees is binding to all countries even if they are not participants in international treaties that recognized it, but Islamic Fiqh acknowledges that granting the right asylum for non- Muslims is not limited only to the state but it can be a fixed right to the head of state as well as his deputies and Muslim individuals who are of age whether they are men or women.

International law agrees with Islamic Fiqh on the necessity of fulfilling conditions and standards of seekers for refuge or asylum that a defect in some conditions becomes a hindrance for asylum right.

Both Islamic Fiqh and International

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Nov 04, 2019

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