The Geneva Convention Relating to the Status of Refugees
(Translated)
Al-Rayah Newspaper - Issue 613 - 19/08/2026
By: Eng. Youssef Salameh

The 75th anniversary of the United Nations Convention Relating to the Status of Refugees is commemorated globally on July 28th. This convention aims to protect individuals persecuted and fleeing war or due to a well-founded fear of persecution based on political opinion, religion, race, nationality, or membership in a particular social group.

One of the most important principles of the convention is the principle of non-refoulement, meaning that a refugee cannot be returned to a country where they would face danger or persecution. The convention also guarantees refugees fundamental rights such as education, work, housing, and legal protection.

It is well known that the expansion of wars and the worsening economic conditions in what are called Third World countries in Asia and Africa have led to a doubling of the number of refugees and displaced persons. For example, many have fled from Syria, Iraq, and Afghanistan as a result of war, while others have fled from Senegal, Mali, Central African countries, and North African countries due to poverty.

Due to this increase in the number of migrants and the rising number of asylum seekers in Europe, the Dublin system was established, beginning with the Dublin Agreement in 1990 and subsequently evolving into successive European regulations, the latest being Dublin III in 2013, which came into effect in 2014. This system aims to determine which European country is responsible for examining an asylum application. Although EU member states continue to declare their commitment to the Geneva Convention, the Dublin system and subsequent policies concerning safe countries of origin and border closures have effectively limited access to the protection afforded by the Convention for many asylum seekers. Many human rights advocates argue that these policies effectively circumvent the objectives of the Geneva Convention.

Amnesty International has described the new amendments to the European asylum system as undermining the foundations of refugee protection, stating that expanding the concept of a “safe third country” could lead to the rejection of asylum applications without due process and the transfer of asylum seekers to countries with which they have no genuine connection. The organization also considered these policies an attempt to evade the responsibility of protecting refugees and shift it to countries outside Europe. It further criticized what it called “Fortress of Europe,” arguing that the expansion of border fences, deterrent measures, and forced returns threaten the individual right to seek asylum.

The major Western powers that are at the forefront of human rights discourse are not far removed from the reasons that have driven millions of people to migrate and seek refuge. They are the ones who ignited or supported wars, and they are the ones who entrenched the unjust capitalist system based on controlling the wealth of peoples, plundering their resources, and keeping many Third World countries in a state of dependency, poverty, and instability. Then, they are the same ones who close their borders to the victims of these policies, erecting walls and barriers, and devising systems and procedures that prevent the vulnerable from accessing the very security they claim to defend.

On the other hand, we emphasize what humanity has known for centuries, long before the Geneva Convention and others, regarding Muslims’ adherence to covenants. This principle is further reinforced in Shariah by established texts in the Noble Quran and Prophetic Sunnah, where Allah (swt) says,

[وَإِنْ أَحَدٌ مِنَ الْمُشْرِكِينَ اسْتَجَارَكَ فَأَجِرْهُ حَتَّىٰ يَسْمَعَ كَلَامَ اللَّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُ ذَٰلِكَ بِأَنَّهُمْ قَوْمٌ لَا يَعْلَمُونَ] “And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah (swt). Then escort him to his place of safety. That is because they are a people who do not know.” [TMQ Surah At-Tawbah:6]. The Prophet (saw) said, «الْمُسْلِمُونَ تَتَكَافَأُ دِمَاؤُهُمْ وَيَسْعَى بِذِمَّتِهِمْ أَدْنَاهُمْ» “Muslims are equal in respect of blood. The lowest of them is entitled to give protection on behalf of them,” or he (saw) said, «مَنْ قَتَلَ مُعَاهِداً لَمْ يَرِحْ رَائِحَةَ الْجَنَّةِ» “Whoever killed a Mu’ahid (covenanted non-Muslim) shall not smell the fragrance of Paradise.”

An example of this is when Fakhitah “Umm Hani” bint Abi Talib (ra) granted protection to some muhsrikeen on the day of the conquest of Makkah, and some Muslims wanted to harm them. When she informed the Prophet (saw) said, «قَدْ أَجَرْنا مَنْ أَجَرْتِ يَا أُمَّ هَانِئٍ» “We have granted protection to whomever you have granted protection, O Umm Hani.” Thus, he (saw) affirmed the right of a Muslim to grant protection and obligated the Islamic state to respect this guarantee. This action was not an isolated incident, but instead an application of a Shariah principle that makes fulfilling a guarantee, and a covenant a right that must be upheld by the state and society.

In Islam, a person seeking refuge is granted protection because of their request for safety. Islam bases this protection on the inviolable sanctity of life and the obligation to uphold the pledge of security. In contrast, secular legal systems link protection to conditions and legal procedures that are subject to modification and alteration, according to political balances and laws enacted by states based on political interests and their fluctuations, instead of being a fixed commitment to ideology.

The fundamental difference between Islam and secular legal systems is that the protection of a person seeking refuge in Islam is not a political concession or an administrative procedure that can be reversed according to interests, elections, and the shifts in public opinion. Instead, it is a fixed Shariah ruling obligated by Allah (swt), and fulfilling it is a requirement of Iman and justice. Therefore, Islam preceded modern refugee agreements by centuries in establishing the right of the oppressed and persecuted to security, protection, and the preservation of human dignity.

Now, seventy-five years after the Geneva Convention, millions of refugees still encounter walls, camps, and laws of prevention, deterrence, and return.

The tragedy of refugees in today's world is not a result of the absence of agreements, but instead a consequence of the dominance of an international order crafted by major powers according to their interests and their political and economic influence. These powers have been complicit in many wars and conflicts that have displaced millions, and through their economic policies, they have contributed to the impoverishment of vast populations worldwide. They have then erected walls and barriers and devised systems and procedures to prevent the victims of these policies from accessing the very security they claim to defend. While laws and agreements shift according to interests, pressures, and elections, Islam remains distinguished by the steadfastness of its ideology: the one who seeks refuge is to be granted refuge, the one granted safe passage is to be protected, the one with whom a treaty has been made is not to be wronged, and fulfilling the pledge of security and the covenant is a Shariah obligation, not a political choice.

Therefore, Islam did not make the protection of the oppressed a privilege granted by states at will and revoked at will. Instead, Islam established it as a fixed Shariah ruling that safeguards human life, dignity, and security, as affirmed by Allah (swt) Who said,

[وَإِنْ أَحَدٌ مِنَ الْمُشْرِكِينَ اسْتَجَارَكَ فَأَجِرْهُ ثُمَّ أَبْلِغْهُ مَأْمَنَهُ] “And if any one of the polytheists seeks your protection, then grant him protection and escort him to his place of safety.” [TMQ Surah At-Tawbah: 6]. Hence, humanity does not need more slogans and agreements interpreted according to self-interest, but instead a just and ideological system that makes protecting the vulnerable and attending to their needs a Shariah obligation, unchanging with shifting whims and interests.