Mechanisms of international protection for migrants in Islamic law and international laws

Abstract

International protection for migrants will not be achieved unless there are mechanisms that guarantee its implementation. Islamic law has established various mechanisms within the framework of legal responsibility, and has established religious rules and provisions for them. It has worked to classify categories of migrants and has determined procedural guarantees and multiple measures governed by practical controls to arrange them, and criminal penalties in the event of their violation, thus preserving the dignity of migrants. The mechanisms have been distributed among individuals, society and the state, resulting in comprehensive mechanisms and practical guarantees for implementing protection and reducing contemporary phenomena that have affected migration. Positive laws within the national framework have sought to support protection for legislative and judicial institutions and diplomatic channels, and have allowed civil and media institutions to participate in supporting them, and have organized practical procedures for their implementation, and have created special facilities to combat the phenomenon of smuggling and trafficking in persons. As for international laws, the international community has gone to establish specialized international agencies, and supported them with practical measures by forming international committees concerned with human rights and monitoring violations that occur in the conditions of migrants, and has involved some channels supporting the implementation of protection, and has been supported in this by multiple regional bodies and international governmental organizations. And non-governmental, and took a set of security and administrative steps to combat criminal phenomena and similar movements at multiple levels, and worked to expand the scope of countries’ participation within the framework of international cooperation. However, protection mechanisms still face many challenges and obstacles.