Document Type : Original Article
Author
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Abstract
The phenomenon of asylum has existed since time immemorial and today in the 21st century is still one of the most important problems of the world community. Asylum is as old as human social life and a solution has been provided in every history and society according to the traditions and culture of that society. Throughout history, man has always tried to provide a suitable shelter to survive in the face of some natural and unnatural threats. Anyone who, for whatever reason, risks his or her life or rights has the right to seek refuge in another country. The existence of complete rules and regulations regarding asylum in jurisprudence, explicit reference to Quranic verses, Islamic traditions and jurists' opinions on the right to asylum and the importance and explanation of refugee rights are among the reasons for its comparative study with the 1951 Geneva Convention. Refugee rights are also emphasized in international law. Asylum in Islamic jurisprudence is also one of the institutions and rights that is referred to as "rent and safety". Despite the emphasis and formation of conventions and the adoption of various measures on asylum, due to the lack of enforcement guarantees in this regard, the host refugee states do not consider themselves obliged to comply with these provisions. This article, with an analytical-descriptive approach, comparatively examines the rights of asylum in jurisprudence and the 1951 Geneva Convention.
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