이슬람 세계의 무슬림 난민문제에 대한 히즈라(Hijrah)적 접근

Hijrah-Approach for Muslim Refugees of the Islamic World

The concept of Hijrah can be discussed with, the prophet Muhammad escaped from Mecca to Yathrib (Medina in present) after he had been religiously persecuted in 622 A.D. Hijrah refers to safely exiling or fleeing to somewhere else to avoid Islamic political or religious prosecution. The Islamic concept of Hijrah, settler and refugees is following the Jewish and Christian laws upon “temporary stayers” and “immigrants” and Islamic traditional hospitality and treatment towards foreigners within the Arabian Peninsular. Recently, despite of the continuous production of refugees from enduring local conflicts within Africa and Middle-eastern areas, there is no studies to suggest its solutions. There is a major and international spotlight on immigration laws, emigrants’ rights and especially refugee laws. It is clear that the existing International refugee law about refugee protection is not appropriate to latest situations therefore it is necessary to reexamine and improve existing laws. This study compares the subjects to International refugee laws defined by the refugee treaty and the Universal Declaration of Human Rights and the practical authorities to Islamic Hijrah. This study, also, analysed the form of misplaced people within their homeland whom are practically refugees though never have been approved so and forcibly displaced people. According to this comparison and analysis, this study revealed that Hijrah dedicated to rebuilt the concept of refugees that is suitable for African regions conditions by concluding Convention on the Specific Aspects of Refugee Problems in Africa, OAU convention in 1969 by Organization of African unity. Also OAU convention influenced Cartagena Declaration on Refugees adopted by Colloquium on the International Protection of Refugees in Central America, Mexico and Panama in 1984. Those two local laws enhanced the definition of refugees that was included in the first amendment of refugees agreement hence improved the protection of refugees and asylum seekers within the areas. In conclusion, this study shows the definition of refugees and the very difference between Hijrah to protect refugees and International Refugee Laws. In consequence, Hijrah outdoes in protecting asylum seekers and refugees. I claim that when suggesting solutions to Muslim refugee problems that Islamic world is experiencing, the spirit of Hijrah-protection needs to be actively adopted.