The Rohingya Refugee Crisis: Legal Protection on International Law and Islamic Law

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The Rohingya Refugee Crisis: Legal Protection on International Law and Islamic Law
By M. Alvi Syahrin is a Student at Doctoral Program of Law, Faculty of Law, Universitas Borobudur, Jakarta, Indonesia.

 The news relating to Myanmar Rohingya minority refugees attracted international attention, after hundreds of boatmen fled Myanmar and were stranded in Aceh. According to the United Nations report until December 2017, the number of Rohingya refugees reached 515,000. The number is increasing considering the conflict in Myanmar has not been resolved. In this article will examine how the protection of Rohingya refugees in the perspective of international law and Islamic law. The research method used in this paper is qualitative normative legal research method with deductive logical thinking. Based on research, it can conclude that refugee protection under international law is regulated in the 1951 Convention and 1967 Protocol governing the principles and rights and obligations of refugees. According to Islamic law refugee protection is contained in the QS. Al Hasyr: 9 which contains the principles and rights of asylum seekers. Whether in international law or Islamic law, the principle applied to refugees is a non-refoulment principle. This principle has become an international customary law so it must be implemented by all countries.

The protection of Rohingyas according to international law is provided for in Article 33 (1) of the Convention on Refugee Status 1951 states that States Parties to the present Convention shall not be allowed to evict or return refugees of any kind outside their territory where their safety and freedom are threatened for reasons of race, religion , nationality, membership of a social group or a particular political opinion. The principle of non-refoulement is binding not only to the state party to the convention but also to all countries in the world. Then, the protection of spiritual refugees according to Islamic law is regulated in Q.S. Al- Hasyr: 9.  The verse of the Qur’an contains the following principle. First, Muslims should be happy and happy to welcome refugees (or immigrants from one area to another). Second, Muslims should treat them well. Third, accept the presence of refugees in bai. Fourth, the ban refused immigrants even though the migration destination of immigrants was in crisis. Fifth, the existence of territorial asylum.

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