The Principle of Non-refoulement as Urf in Muslim Societies

Malahayati Rahman

Laila M. Rasyid

Yulia Yulia

 

Abstract: This article analyses the principle of non-refoulement and its relationship with the concept of ‘urf (customary law) in Muslim societies. Non-refoulement is a principle of international law that prohibits the expulsion or rejection of individuals who face a severe risk to their life, liberty, or dignity in their country of origin. Whereas ‘urf is a concept that refers to social practices that are recognised and respected in Muslim societies. In the context of non-refoulement, the ‘urf of Muslim communities shows the importance of safeguarding human rights and protecting individuals who face severe threats in their countries of origin. Through historical analysis and policy studies, this article explains how the principle of non-refoulement is inherently related to the values of ‘urf in Muslim society. The analytical outcomes show that the principle of non-refoulement can be applied effectively in Muslim countries as ‘urf that requires the protection of human rights and promotion of social inclusion for refugees and immigrants.