Analysis of the rights and responsibilities of Muslim refugees in non-Muslim countries from the perspective of Islamic law (Case study: Sweden)
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Abstract (EN)
The main focus of this study is the asylum of Muslims in non-Muslim countries where, without thorough investigation of their conditions, they may face challenges in aligning with their religious and cultural values and encounter difficulties in raising their children in accordance with Islamic principles. Some laws in these countries not only contradict Islamic law but also fail to comply with the United Nations Convention on the Rights of Refugees. Moreover, these laws often violate universal human rights standards, leaving Muslim refugees in a dilemma between practicing their Islamic and religious education rights and fulfilling legal responsibilities. The objective of this research is to analyze the inconsistency of legal regulations related to certain crimes in the context of invasion of privacy issued by Sweden with refugee rights and universal human rights, and to examine the compatibility of these laws with Islamic law. In this context, the research aims to contribute scientifically, raise awareness, and foster a common understanding. While employing a qualitative methodology, the study also utilizes analytical and comparative methods. According to the findings, the essence of a Muslim's life lies in residing in Islamic lands, and they should only reside in non-Muslim lands when absolutely necessary. However, in situations where persecution prevails in some Muslim countries, many Muslims have been forced to seek refuge in non-Muslim countries to escape persecution and protect their religious beliefs. This situation is considered a necessity and subject to the rulings of those in distress. Allah has legitimized migration and seeking refuge for weak servants who have been subjected to oppression or forced to migrate to protect their faith. The migration of Muslims to non-Muslim countries is associated with preserving interests, preventing corruption, and safeguarding religion, lineage, and family. It reflects the effort of Muslims residing in non-Muslim countries to ensure their security, protect their religious beliefs, and preserve their fundamental vital interests. The permission to seek refuge in non-Muslim countries in Islamic law does not provide fixed and definitive rulings for all countries. Instead, it is determined as obligatory, recommended, permissible, disapproved, or forbidden based on the circumstances of each country. These rulings depend on the compatibility of the laws of the host countries with the ideal of achieving the necessities of the five essentials (religion, life, intellect, lineage, and property). Understanding the legal situation of Muslim refugees in the countries they are in and acting accordingly is crucial. Muslims must examine the laws of the country they seek refuge in and ensure that these laws are compatible with the rights of Muslim refugees. Additionally, it is essential for them to have a prevailing belief that religious freedom is provided in these countries, allowing refugees to preserve the ideals of the five essentials. This is a critical factor for refugees to raise their children with Islamic values and freely practice their religious beliefs. These findings indicate that various rulings may emerge in the context of Islamic law and refugee rights in the face of struggles and necessities. Furthermore, it emphasizes the need to create more awareness regarding whether these situations can be made compatible with the core values of Islam. Keywords: Islamic Law, Sweden, Muslim Refugee, Non-Muslim Country, Prevention of Invasion of Privacy.
Author
Hamas Harba
Institution
How to Cite
Hamas Harba (Master Thesis). Analysis of the rights and responsibilities of Muslim refugees in non-Muslim countries from the perspective of Islamic law (Case study: Sweden), 2023, Ankara Yıldırım Beyazıt University.
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