Afghan refugee exodus: exploring the legality of forced expulsions in Pakistan under the juridical lens of Islamic legal doctrine
Date
2025
Authors
Aslam, Z. M.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
On 3rd October 2023, the Pakistani Government instituted a measure that resulted in the forced expulsion of Afghan refugees. Against this backdrop, the study scrutinizes the recent Pakistani government's decision to expel what it terms 'illegal immigrants,' identified by human rights organizations as refugees fleeing Taliban persecution. Given Pakistan's status as an Islamic Republic constitutionally bound by Islamic Shariah Law, the research explores the legal implications and the measure's conformity with Islamic law, questioning the alignment between national and international standards. The study hypothesizes a breach of constitutional duty to adhere to Islamic Law by Pakistan, and poses critical questions addressing the historical trajectory, alignment of Islamic law with international standards, the constitutional basis for Islamic Refugee Law, and the legal ramifications of the forced expulsion. This investigation aims to fill the existing lacuna in understanding the legality of such measures within the framework of Islamic Shariah Law and Pakistan's national legal context. Thus, this study will analyse the extent to which Islamic law on refugees and asylum seekers aligns with international standards; examine the legal and constitutional basis for the place of Islamic Refugee Law within Pakistan; and analyse the legal implications of the current forced expulsion within the frameworks of Islamic law.
Description
Full - text undergraduate research project
Keywords
Citation
Aslam, Z. M. (2025). Afghan refugee exodus: Exploring the legality of forced expulsions in Pakistan under the juridical lens of Islamic legal doctrine [Strathmore University]. http://hdl.handle.net/11071/16133