İslam hukuku’nda göç ve iltica

Abstract

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. vii 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