Wednesday, 17 July 2013

Protection of Refugees in Islam: Pluralistic and Inclusive

Dr. Muhammad Nur Manuty
Director, Centre for Studies of Modernity and Civil Society
Former President, Muslim Youth Movement of Malaysia (ABIM)


Introduction

One of the most tragic events in the world today is the aggravating problems among world refugees. What is the position of Islam toward refugees? Are they protected? This paper will focus on some principles in the Qur’an, Sunnah and Sirah of the Prophet. Later, we will examine the role of Malaysian NGOs in protecting the rights of refugees. Finally, some of the concerned issues will be discussed.      


Some Fundamental Principles in the Qur’an and Sunnah

Islam is a universal religion par-excellence. As a universal religion, Islam honors humankind from different races, tribes and colors. The Qur’an says:

O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other. Verily the most honored of you in the sight of Allah is the most righteous of you. And Allah has full knowledge and is well acquainted (with all things).”[1]

This is addressed to all mankind and not only to the Muslim brotherhood. Yusuf al-Qardawi, a distinguished contemporary Islamic scholar distinguishes two types of fraternity in Islam, namely the fraternity of man (al-ikha’ al-Insani) and religious fraternity (al-ikha’ al-dini), both of which are recognized in the Qur’an (al-Hujurat: 10). Further, al-Qardawi opines the level of fraternity among Muslims does not deny the significance of another level of fraternity, namely, the wider fraternity of man. The two should in fact be seen as complementary, and not contradictory with one another.[2]  

The principle of the universality of Islam is one of the firm Islamic principles. It is, in fact, the immutable basis upon which the relation of Muslims with followers of other revealed religions is grounded. It is also the source of the Islam’s outlook on interaction with non-Muslims. The faith of a Muslim is only complete when he believes in all the Messengers, without distinction. This humane dimension gives to the Islamic concept of tolerance a broader scope. Almighty Allah says:

"And He sent down the Law (of Moses) and the Gospel (of Jesus) before this, as a guide to mankind, and He sent down the Criterion (of Judgment between right wrong)". [3]

Such humane tolerance, set by Islam as a firm groundwork for the relations of Muslims with non-Muslims, must not be construed as a desertion, or a predisposition to dissolve into any entity even if inconsistent with the essence of this religion. Tolerance does not abrogate differences; it rather builds bases for knitting sound humanitarian relations much willed by Islam. Affirmation of ideological, civilizational and cultural specificities cannot in any way be renounced. Yet, Islam does not want these specificities to preclude mutual acquaintance and close cooperation among peoples and nations.[4]

Islam is the religion of justice (al-‘adl). Here, the Qur’an tells us:

O you believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor. For Allah can best protect both. Follow not the lusts (of your hearts), lest you swerve, and if ye distort (justice) or decline to do justice, verily Allah is well acquainted with all that ye do.”[5]    

Having illustrated some fundamental verses of the Qur’an, it becomes imperative to mention one particular verse which refers to the question of refugees. The Qur’an states:

And if any of those who ascribe divinity to aught beside God seeks thy protection, grant him protection, so that he might (be able to) hear the word of God (from thee); and there upon convey him to a place where he can feel secure; this, because they (may be) people who (sin only because they) do not know (the truth).”[6]

It is interesting to analyze how the Qur’an uses the word Istijara (i.e. seeking jiwar) literally neighborliness: A metaphorical expression denoting a request for protection and Ijara (i.e. the granting or extending of such protection to one who seeks or requests it). In this connection, Professor Muddathir argues that Islam accepts some tribal/cultural aspects of the pre-Islamic Arab tradition such as Ijara and Istijara because both of these traditions are in consonance with the Islamic tradition.[7] Hence, the Qur’an asserts that “And if any of those who ascribe divinity to aught beside God seeks thy protection, grant him protection…”