Forcible Transfer and Deportation: A Comparative Study of the Quranic Teachings and International Instruments

Staying and living in the area of residence is the natural right of every person which results logically in forbidding the forcible migration and displacement of the persons and groups. The forcible transfer and deportation of the persons has been considered an international crime according to the international instruments and it is placed under the titles of “crime against humanity” and “war crime”. The present article attempts to study and analyze the different aspects of forcible migration and displacement in two systems of international law and Islamic law in the light of the Quranic teachings and with a comparative method. A number of Quranic verses refer to the title of “exile from homeland” that is the most similar concept to the forcible migration and movement. As it is related in the Quran, the divine religions have always taken pledge from their followers not to struggle with each other and not to exile each other from their area of residence. The prophetic sunnah also approves the same method through the charter of Medina also known as the constitution of Medina. The principles of human dignity, human unity, and nondiscrimination are the common principles of the great systems of law to protect from the right of staying in the area of residence. From the viewpoint of the Quran and Islamic teachings “Fulfilling the promise”, “protection and support” and “combating” are some of the approaches against the phenomenon of forcible transfer and deportation.