Alsubaih, Mohammed (2021) The Refugee in Islamic and International Law: A Comparative and Practical Study on Refugees in Saudi Arabia and Australia. PhD thesis, Victoria University.

Abstract

This paper employs comparative law to explore similarities and differences in Saudi and Australian Refugee Laws, particularly their compliance with Sharia and Public International Law. The technique of comparative legal research is used to compare various legal norms to analyze refugee laws of both the countries leading to suggestions for changes to strengthen the existing legal jurisprudence and legislation. Comparative study of law from Saudi Arabia and Australia be helpful in providing recommendations for each country to learn from the experience of the other and integrate useful developments in refugee law. The study helps synthesize a comprehensive law to protect the rights of refugees and asylum seekers. The researcher has identified and analyzed refugee law from Common law in Australia and examined their application in different court decisions. Additionally, sources of Sharia including Quran, Sunnah, conventions, statutes, has been evaluated in the context of refugee problems. Peter D Cruz’s framework of comparative legal study has been used as a guide for the study to conduct the analysis of legal documents in accordance with doctrinal legal research. Qualitative research methodology is used to determine relevant sections of laws, court decisions, and courts’ interpretation of refugee laws in different cases involving asylum seekers. The qualitative approach of reviewing legal documents and literature from Australia and Saudi Arabia through comparative analysis has helped researcher to ascertain the status of refugees and asylum seekers in both the countries. The royal decrees issued by Saudi Arabia are also analyzed for their relevance with Sharia principles protecting the refugee rights. The analysis has been helpful in exploring a common premise from the refugee laws of both Saudi Arabia and Australia and its relevance with Sharia principles and Public International Law. Finally, has offer concluding remarks and offer recommendations based on the study findings. Also, it has included a concise summary of the main findings of the paper. In particular, the thesis restates the main features identified by the researcher in regard to the Saudi Arabian refugee law and those that characterise the Australian refugee law. The main provisions of refugee protection in both the Sharia law and the international law captured briefly, including the key similarities and differences between the two laws in regard to safeguarding refugees. Based on this comparison, the areas for improvement are highlighted in both the Islamic refugee law and international refugee law.

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