The Refugee Law in Islam: a Source for Developing International Refugee law

The refuge law in Islam, with its positive character, known in the pre-Islam period as concept proximity, presents a maximum and systematic support to asylum seekers and refugee. Islamic sources, including Quranic verses, narrations, the lifestyle of the prophet(pbuh), the pure Imams(pbut) and Muslims caliphs and also the views of jurists emphasize on this support with the least exceptions. The paper examines the contract of ‘’ seeking a refugee’’ which grants a haven to Muslims and non-Muslims in the period of occultation of the Twelfth Imam(pbuh) and the right and duties of refuges and Islamic government towards each other. An inquiry into Quranic verses, narrations and the lifestyle of the infallibles (pbut) shows that the refugee enjoy the support of the individuals of Islamic community and Islamic government, but if they seek to break the law, they are deprived of any support, a position which is established by case like Geneva Convention, as well. Considering the lukewarm support and current inadequate refuge offered by the international law the true religion of Islam, can be a legal, moral and human source, which contributes to the enhancement and development of international refuge law.