A Comparative Study of the Refugee Admission Pattern by the Islamic Government and Western States

Subject Areas : All jurisprudential issues

Esmail Ragheb Babaii ¹ , Hojatollah Salimi Torkamani, ² , Saleh Rezaii PishRobat ³ , Hossein Rostamzad ⁴

1 - PhD Student in International Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran
2 - Associate Professor, Department of Law, Shahid Madani Branch, Shahid Madani Hospital, Azerbaijan, Azarshahr, Iran (Corresponding Author) [e-mail]
3 - 3- Assistant Professor of Nuclear Science and Technology Research Institute, Tehran, Iran.
4 - Assistant Professor of Law, Tehran Central Branch, Islamic Azad University Center, Tehran, Iran.

Received: 2022-02-19 Accepted : 2022-02-21 Published : 2021-08-23

Keywords: international law, Western human rights, Islamic jurisprudence, Citizenship rights, Asylum model,

Abstract :

Asylum in another country has a history for various reasons. Although our country, Iran, has a smaller population of asylum seekers than other Western countries, it still receives a large number of foreign nationals. This analytical-descriptive study seeks to examine the practice of the Islamic Republic of Iran in dealing with refugees, while comparing with the Western practice of this action. It was concluded that the Western practice of accepting refugees through unconventional sexual behavior is incompatible with the principles of health security as well as the responsibility of protecting the family. Acceptance due to political problems is considered a violation of the principle of neutrality, which is specified in the custom of international law. Admission through conversion has largely become a means of accepting asylum without the conditions of entitlement. However, the Islamic Republic of Iran, based on the principles of Velayat-e-Faqih, has accepted refugees from other countries in the framework of supporting the oppressed, and at the same time has always observed the principle of neutrality. International law sources oblige countries to prohibit arbitrary deprivation of citizenship, so there is no specific requirement for countries to grant citizenship, and the Islamic Republic of Iran cannot be criticized for not granting citizenship to Afghan citizens, due to the country's economic problems. Is to distribute job opportunities with the necessary measures, in which case the restrictions imposed are in line with international standards.