Evaluation and Comparison Saudi and Australia Refugee Law in terms of Sharia and Law
This paper compares Saudi and Australian Refugee Laws to highlight their similarities and differences. The strategy of comparative law specifically focuses on exploring the compliance of the laws of the two countries with Sharia, International Law, and other Refugee Conventions. Various legal norms and case laws of the two countries are compared through comparative legal research through extensive analysis. The comparison has helped the researcher to suggest changes in the existing legal jurisprudence and legislation to incorporate the principle of basic human rights and equality. Comparative study of refugee laws enables the researcher to combine the provisions from Saudi Arabia and Australia to integrate useful developments in refugee laws for protecting the rights of the refugees in both the countries by synthesizing a comprehensive law.
The paper identifies the foundations of refugee lawsin Australia and its application in different court cases to explore its inhumane nature specifically against the boat people. Moreover, Sharia sources such as Quran and Sunnah along with conventions, statutes, have been evaluated in the context of refugee problems to highlight their common characteristics. Peter D Cruz’s framework of comparative legal study (REF) is used as reference for analyzing the legal documents of Saudi Arabia and Australia in accordance with doctrinal legal research.
The research employs qualitative research methodology to analyze 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.
Keywords - Asylum Seekers, International Law, Refugee law, Sharia law, Saudi Arabia law.