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…”

Clearly, this specific verse requests Muslims to extend protection to those who were in need even if they were non-Muslims who were then enemy to Islam. Professor Wahbah Zuhaili says that it is compulsory for the state authority (imam) to protect the non-Muslims who are in need of sanctuary. Thus, the imam must protect their blood, property and dignity (not to be humiliated).[8]

Muhammad Hamidullah, a respected scholar of Islam said that no Muslim should refuse to accept any request from any human being who seeks asylum and refuge.[9] Therefore, Muslims should have an open heart to accept the request of refugees since it is part and parcel of the Islamic duty.      

Apart from that, based from such abovementioned verses and others as well, Islam founded a community of faith rather than on a ethnic and national basis. In the context of Dar al-Islam (Pax Islamica), all citizens, together with non-resident aliens (musta’min) be they are traders, tourist or refugees, were guaranteed protection of life, property, honor and freedom of conscience. Thus, it is logical that protection of refugees falls under the mentioned categories. 

The Sunnah

With regard to the position of Sunnah, The Prophet Muhammad (pbuh) mentions the following hadiths as to conform the honor of mankind. He says:

“People are as equal as the teeth of a comb.”[10]

Another hadith mentions:

“God Most High has released you from burdens of the Days of Ignorance and the pride that was taken over ancestry. You are all the descendants of Adam and Adam was created from clay.”[11]

In the early history of Islam, when the Quraish made life impossible for many of the new converts, they came to the Prophet Muhammad (pbuh) and sought his  permission to go near by land of Abyssinia (now Ethiopia). He granted the permission. Muhammad Haykal, author of the "Life of Muhammad" said that the Prophet Muhammad trusted that his followers and relatives would be better off if they migrated to a country whose religion was Christianity - a scriptural religion whose Prophet was Jesus, son of Mary. He was not afraid that his followers would convert and give up their faith in favor of any other established religion. He was more convinced that Islam would be more protected in its infancy in a fertile and prosperous land ruled by the Scripture than among the ignominious pagans of Arabia.

The immigrants were cordially received by the King of Abyssinia. The impact of the migration was so great and deep in the heart of Muslims. This shows that the early Muslim refugees were pluralistic and inclusive in their attitudes although they knew that they had to flee to the non-Islamic country.[12]

The Role of Malaysian NGOs: ABIM As A Case Study   

Malaysian NGOs have performed some meaningful efforts in protecting the basic rights of refugees. In this context, it is appropriate to highlight here the meaningful role of ABIM (the Malaysia Muslim Youth Movement), one of the established Islamic NGOs in the country.  ABIM is not alone in this work, but has contributed more significantly than other NGOs, although each contributes in their own specializations and available resources.  ABIM in its humanitarian works has shown its open attitude towards refugees from many parts of the world. It is interesting to note that ABIM’s pluralistic position has been consistent from the beginning.[13] Therefore, the experiences of ABIM in dealing with refugees Muslims and non-Muslims can be justified as truly in line with the Islamic teaching.

Mohamad Kamal Ali, one of the principal officers in Central Committee of ABIM and a social activist illustrated the pluralistic nature of ABIM humanitarian works. According to him, ABIM has been committed ever since its establishment in 1971 to help suffering Muslims and non-Muslims as a result of political and economic disturbances in their respective countries.  Apart from Bosnian and Rohingya, ABIM cooperated with the Malaysian Government agencies in the 80’s helping the victims of Vietnamese Boat people in the Sungai Besi Camp, Kuala Lumpur. In addition, ABIM has been involved in humanitarian works among Tamil refugees in Sri Lanka. They were not only doing social services among Muslims but also the non-Muslim Tamil. Clearly, there were Hindus and Christians among them. During the political crisis in Timor Timor, ABIM social volunteers extended their humanitarian help during the political crises in the 1990’s. Once again, it is interesting to notice that ABIM worked together with Catholic Church workers and those from the Methodist Church in Klang, Selangor. In Timur-Timur, they were actually refugees under the category of “Internally Displaced people”. Meanwhile, Mohammad Kamal Ali also reveals that some ABIM social workers dealt directly with the political refugees from Papua New Guinea and Solomon Islands.

ABIM also maintains strong collaboration with religious organizations such as the National Office of Human Development, the Catholic Church, Kuala Lumpur and Ti-Ratana Buddhist Society, Buddhist Maha Vihara Kuala Lumpur.  According to Shahran Kasim, former Vice President of ABIM (International Affairs), various programs and activities have been organized for the refugees such as house and detention camps visits, delivery of food and household items, legal and counseling advice, and other related needs.  All of these examples of humanitarian works clearly manifest that ABIM is ever ready to work with all races irrespective of religion and culture. ABIM absorbed all of them with love, care and appreciation of human dignity.

Some observers might argue the reason why ABIM has spent so much energy in helping Muslim refugees from Bosnia and Rohingya from Myanmar. The answer is simply because that majority of today’s refugees are Muslims. Mohammad Kamal Ali argued that ABIM supported the course of the Bosnian Muslim because their plight was genuine as a result of “ethnic cleansing” which occurred in that tragic country.[14] With regard to the Rohingya’s problem, once again it is similar to the case of Bosnia. They are here because of the unfortunate political situation in Arakan which creates political and economic oppression. According Abdul Khalaque and Hamid, Rohingyan refugees who both have been in Malaysia for more than 10 years, the situation of Rohingya refugees in Bangladesh, Thailand and Malaysia remained deplorable and uncertain. Therefore, help and assistance from ABIM and other NGOs are most needed until a permanent solution can be found.[15]

Some Important Issues With Regard to the Current Phenomenon of Refugees

Having illustrated some of the Islamic fundamental principles with regard to protection of refugee in Islam and the contributions of ABIM, it is imperative to discuss some of the pressing issues among current refugees. Undoubtedly, the nature of today’s refugee seems to be changing drastically. As a result, it becomes more complicated than before. Presently, we have both political and economic refugees among Muslims and non-Muslims. Unfortunately, a majority of the present refugees are Muslims who are suffering from the political and economic injustice in their respective countries.  The Malaysia Government, for example, seems to be careful in receiving and handling refugees who are coming to Malaysia. This is merely because Malaysia has her own limitations and constraints.

Therefore, giving opportunity to refugees does not mean they can get everything. The political and economic equation need to be considered since this falls under the Islamic category of maslahah ‘ammah (public interest). The same logic applies to Singapore. Being located in the greater Malay Archipelago, the Government of Singapore will not tolerate the influx of refugees coming to that city-state. This is justified since it would disturb the political, economic and societal stability. Thus the notion of a pluralistic and inclusive society must be handled carefully since the pluralistic nature of Islam does not warrant indiscriminate, liberal practices without referring to the original principles developed by some competent scholars of Islamic shari’ah which is known as siyasah syar’ayyah.

In the case of Malaysia, the commitment of Malaysian Government is indeed in line with the Islamic principles. The Malaysian Government has been committed to assisting  refugees not only among Muslims but non-Muslims as well. This can be observed in their acceptance of refugees from Cambodian, Vietnamese, Bosnian, Rohingya, and the Shan and Moan tribes from Myanmar. In the context of Rohingya refugee population from Myanmar, UNCHR in a recent statement welcomes the recent decision of the Malaysian government to grant temporary stay permits as a manifestation of the strong humanitarian commitment of the Federal government.   

Conclusion

This paper has shown the strong concerns of Islam in providing assistance and protection to the Muslim and non-Muslim refugee alike.  We see Qur’anic and Sunnah basis for these injunctions in proper and humane actions in protecting not only brothers in faith but also all mankind.  These injunctions direct the Muslim to act in an individual and societal way for the benefit of the refugee.  The programs and assistance of ABIM is a strong example of these principles in action.  Current dilemmas and refugee problems require greater commitment from NGOs, national governments, regional associations and international organizations such as UNHCR.  The NGOs have limited funds and resources; thus other agencies and forces must come in play to relieve the growing problems of refugees throughout the world.

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[1]  Al-Hujarat: 13.

[2] Yusuf al-Qaradawi, al-Khasais al-‘Ama fi ‘il Islam, Cairo: Maktaba Wahbah, 1098, p.84

[3] Ali Imran: 3.

[4] ISESCO, Islam: A Universal Message.  http://www.isesco.org.ma/pub/Eng/interelig/P2.htm

[5] Al-Nisa’: 135

[6] Al-Tawbah: 6

[7] Muddathir Abdel Rahim, “Asylum and Sanctuary in Islam”, in Dirasat Ifriqiyyah, Kahrtoum, p.171..

[8] Wahbah Zuhaili, al-Tafsir al-Munir, Vol. 9 (Beirut and Damshiq: Dar al-Fikr al-Mu’asir, 1991), p.115.

[9] Muhammad Hamidullah, Muslim Conduct of State (Lahore: ), p. 197.

[10] Abu ‘Ubayd, Kanz al’Ummal, hadith no.2842.

[11] Abu Dawud, Sunan, Kitab al-Adab, hadith no.5116.

[12] Majid Ali Khan, Muhammad – The Final Messenger (Delhi: Idarah-i-Adabiyyat-i-Delli, 1961, p. 83. Please also visit http://www.selamta.net/ethiopian%20muslims%20history.htm for a brief history of the migration.

[13] ABIM addressed this special issue on the position of Islam and the question of pluralistic society in Malaysia through its Presendential Speech because Malaysia unique position as a multiracial, multi religions and multi culture. See Anwar Ibrahim, Islam Dan Masyarakat Penyelsaian Masyarakat Majmuk  Di Malay,  ABIM’s Mukatam Sanawi, held in Universiti Kebangsaan Malaysia, Bangi, Selangor, 1978.  Anwar Ibrahim became President of ABIM (1971 -1982).

[14] Interview with Mohammad Kamal Ali and Shahran Kasim, 1 December, 2007, Kuala Lumpur.

[15] Interview with Abdul Khalaque and Hamid, 29 November, 2007, Kuala Lumpur.