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 Quran, 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 Quran and Sunnah

Islam is a universal religion par-excellence. As a universal religion, Islam honors

humankind from different races, tribes and colors. The Quran 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 Quran (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 Islams 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
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.

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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 Quran 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 Quran, it becomes imperative to

mention one particular verse which refers to the question of refugees. The Quran
states:

If one amongst the Pagans ask thee for asylum, grant it to him, so that he
may hear the word of Allah, and then escort him to where he can be secure.
That is because they are men without knowledge.6

It is interesting to analyze how the Quran 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 Quran asserts:

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).

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

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-Muasir, 1991), p.115.

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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
(mustamin) 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 things.

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 her permission
to go near by land of Abysinia (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
9
Muhammad Hamidullah, Muslim Conduct of State (Lahore: ), p. 197.
10
Abu Ubayd, Kanz alUmmal, 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

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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. It 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 ABIMs 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 80s 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 1990s.
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, Ti-Ratana
Buddhist Society, Buddhist Maha Vihara Kuala Lumpur and Sathya Sai Baba Central
Council, Malaysia. 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 Mynmar. The answer is simply because

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, ABIMs Mukatam Sanawi, held in Universiti Kebangsaan Malaysia, Bangi, Selangor, 1978.
Anwar Ibrahim became President of ABIM (1971 -1982).

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that majority of todays refugees are Muslims. Mohammad Kamil 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
Rohingyas 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
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
todays 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 economy 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 as
a pluralistic country. 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
shariah which is known as siyasah syarayyah.

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 Quranic 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
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.

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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. And 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.