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Title: Refugee status in the Arab and Islamic tradition : a comparative study of Jiwar, Aman and the 1951 Geneva Convention relating to the status of refugees.
Author: Shoukri, Arafat Madi
Awarding Body: School of Oriental and African Studies (University of London)
Current Institution: SOAS, University of London
Date of Award: 2008
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The essence of this study is to clarify the position of the Islamic tradition with regard to refugees and to establish whether this tradition has any views, principles, rules or regulations concerning refugee status. This study is composed of four chapters with an introduction and a conclusion. The first chapter explains the concept of jiwfar (protection), which was a governing custom in the Arabs' life in the jahiliyya, before the advent of Islam. It focuses in particular on the rights and duties of both the mustajir (the one who asks for protection) and the mujir (the one who provides protection). The second chapter traces the concept of jiwar after the advent of Islam in Mecca, then examines the migrations to Abyssinia, the journey to al-Ta'f and lastly the migration to Medina. The purpose of this chapter is to establish how the Prophet and his followers dealt with the jiwar custom from both ends of the relationship, i.e, when they were oppressed and sought jiwar of the non-Muslims and when they established their state in Medina and were able to offer jiwar to fleeing non-Muslims. The third chapter deals mainly with aman (safe conduct) in the Islamic tradition. It also defines several relevant terms, such as dar al-barb, dfir al-Islam, mustajir, muhajir, musta min and dhimmi, in order to put the concept of am an 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, in an endeavour to identify the similarities and differences, if any, between the two.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available