Özet:
In this thesis, I investigated an aspect regarding the provisions of immigration
and refugee in the Islamic law, aiming to clarify some fallacies such as equating the
rewards of immigrants in prophet Mohammed Peace Be Upon Him (PBUH) era with
the rewards of current immigrants. Moreover, I clarified the meaning of migration and
it was not legalized for Muslims whenever they have a tough life only. Immigration is
more comprehensive, where ALLAH combined migration with faith, and this is an
evidence for their co-existence. The asylum terminology is emerging where it has the
meaning of seeking for protection of refugees regardless of the main reason.
In the thesis, we investigated the jurisprudence of Islam which is related to
immigration and seeking for asylum of Muslims only, where we defined the concept
of immigration, its conditions and the working of Muslim immigrants. We explained
the views of the major Islamic jurisprudence schools who investigated this emerging
topic.
Among the issues in which the views of jurists differed were the issue of
converting to Islam for the people who were originally living in non-Muslim countries
and never migrate to these countries. The consequences of this issue are critical, for
example, scientific Muslims will contribute for the development of the communities.
However, jurists have different views where Islam restrict immigration to non Muslim countries as a final solution to save life and escape from persecution and life
threating conditions, where the holy Quran, Sunnah and consensus of scholars
approve the human right of having a secure life in himself, family and freedom of
worship.
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The thesis is organized into three chapters. Chapter one defines immigration and
asylum and their related terminologies, where these emerging expressions are joined
with their equivalent in the Islamic Law. Furthermore, we explained few debates
related to the definition of immigration and asylum, e.g., the rewards of current
immigrants compared with the ones at prophet era, the departing of the occupied
Islam state since it became a war land, and there is no generalization for a preferred
place for immigration.
Chapter two explained evidence for the legitimacy of immigration and seeking
asylum based on the Holly Quran, Sunnah and consensus of scholars with explain its
reasons and motivations. I categorized these reasons into seven different categories,
i.e., general reasons and specific reasons, where specific reasons include economic
motivation, discrimination and looking to pursuing study.
The third chapter is dedicated to rules governing Muslim immigrants and refugees
which are classified into two categories; immigration from Muslim to non-Muslim
countries or from non-Muslim to Muslim countries. We discussed the judgment of
immigration to non-Muslim countries including temporary living, working, and
immigrationpermanently