|
THE CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM
The
Nineteenth Islamic Conference of Foreign Ministers (Session of Peace,
Interdependence and Development), held in Cairo, Arab Republic of Egypt, from
9-14 Muharram 1411H (31 July to 5 August 1990),
Keenly aware of the place of mankind in Islam as vicegerent of Allah on
Earth;
Recognizing the importance of issuing a Document on Human Rights in Islam
that will serve as a guide for Member States in all aspects of life;
Having examined the stages through which the preparation of this draft
Document has, so far, passed and the relevant report of the Secretary
General;
Having examined the Report of the Meeting of the Committee of Legal Experts
held in Tehran from 26 to 28 December, 1989;
1- Agrees to issue the Cairo Declaration on Human Rights in Islam which will
serve as a general guidance for Member States in the field of human rights.
ANNEX TO RES. NO. 49/19-P
THE CAIRO
DECLARATION ON HUMAN RIGHTS IN ISLAM
The
Member States of the Organization of the Islamic Conference,
Reaffirming the civilizing and historical role of the Islamic Ummah which God
made the best nation that has given mankind a universal and well-balanced
civilization in which harmony is established between this life and the
hereafter and knowledge is combined with faith; and the role that this Ummah
should play to guide a humanity confused by competing trends and ideologies
and to provide solutions to the chronic problems of this materialistic
civilization.
Wishing to contribute to the efforts of mankind to assert human rights, to
protect man from exploitation and persecution, and to affirm his freedom and
right to a dignified life in accordance with the Islamic Shari'ah
Convinced that mankind which has reached an advanced stage in materialistic
science is still, and shall remain, in dire need of faith to support its
civilization and of a self motivating force to guard its rights;
Believing that fundamental rights and universal freedoms in Islam are an
integral part of the Islamic religion and that no one as a matter of
principle has the right to suspend them in whole or in part or violate or
ignore them in as much as they are binding divine commandments, which are
contained in the Revealed Books of God and were sent through the last of His
Prophets to complete the preceding divine messages thereby making their
observance an act of worship and their neglect or violation an abominable
sin, and accordingly every person is individually responsible - and the Ummah
collectively responsible - for their safeguard.
Proceeding from the above-mentioned principles,
Declare the following:
ARTICLE I:
(a) All human beings form one family whose members are united by submission
to God and descent from Adam. All men are equal in terms of basic human
dignity and basic obligations and responsibilities, without any
discrimination on the grounds of race, color, language, sex, religious
belief, political affiliation, social status or other considerations. True faith
is the guarantee for enhancing such dignity along the path to human
perfection.
(b)All human beings are God's subjects, and the most loved by Him are those
who are most useful to the rest of His subjects, and no one has superiority
over another except on the basis of piety and good deeds.
ARTICLE 2:
(a) Life is a God-given gift and the right to life is guaranteed to every
human being. It is the duty of individuals, societies and states to protect
this right from any violation, and it is prohibited to take away life except
for a Shari'ah prescribed reason.
(b) It is forbidden to resort to such means as may result in the genocidal
annihilation of mankind.
(c) The preservation of human life throughout the term of time willed by God
is a duty prescribed by Shari'ah
(d) Safety from bodily harm is a guaranteed right. It is the duty of the
state to safeguard it, and it is prohibited to breach it without a
Sharia-prescribed reason.
ARTICLE 3:
(a) In the event of the use of force and in case of armed conflict, it is not
permissible to kill non-belligerents such as old man, women and children. The
wounded and the sick shall have the right to medical treatment; and prisoners
of war shall have the right to be fed, sheltered and clothed. It is
prohibited to mutilate dead bodies. It is a duty to exchange prisoners of war
and to arrange visits or reunions of the families separated by the
circumstances of war.
(b) It is prohibited to fell trees, to damage crops or livestock, and to
destroy the enemy's civilian buildings and installations by shelling,
blasting or any other means.
ARTICLE 4:
Every human being is entitled to inviolability and the protection of his good
name and honor during his life and after his death. The state and society
shall protect his remains and burial place.
ARTICLE 5:
(a) The family is the foundation of society, and marriage is the basis of its
formation. Men and women have the right to marriage, and no restrictions
stemming from race, color or nationality shall prevent them from enjoying
this right.
(b) Society and the State shall remove all obstacles to marriage and shall
facilitate marital procedure. They shall ensure family protection and
welfare.
ARTICLE 6:
(a) Woman is equal to man in human dignity, and has rights to enjoy as well
as duties to perform; she has her own civil entity and financial
independence, and the right to retain her name and lineage.
(b) The husband is responsible for the support and welfare of the family.
ARTICLE 7:
(a) As of the moment of birth, every child has rights due from the parents,
society and the state to be accorded proper nursing, education and material,
hygienic and moral care. Both the fetus and the mother must be protected and
accorded special care.
(b) Parents and those in such like capacity have the right to choose the type
of education they desire for their children, provided they take into
consideration the interest and future of the children in accordance with
ethical values and the principles of the Shari'ah
(c) Both parents are entitled to certain rights from their children, and
relatives are entitled to rights from their kin, in accordance with the
tenets of the Shari'ah.
ARTICLE 8:
Every
human being has the right to enjoy his legal capacity in terms of both
obligation and commitment, should this capacity be lost or impaired, he shall
be represented by his guardian.
ARTICLE 9:
(a) The question for knowledge is an obligation and the provision of
education is a duty for society and the State. The State shall ensure the
availability of ways and means to acquire education and shall guarantee
educational diversity in the interest of society so as to enable man to be
acquainted with the religion of Islam and the facts of the Universe for the
benefit of mankind.
(b) Every human being has the right to receive both religious and worldly
education from the various institutions of, education and guidance, including
the family, the school, the university, the media, etc., and in such an
integrated and balanced manner as to develop his personality, strengthen his
faith in God and promote his respect for and defense of both rights and
obligations.
ARTICLE 10:
Islam is the religion of unspoiled nature. It is prohibited to exercise any
form of compulsion on man or to exploit his poverty or ignorance in order to
convert him to another religion or to atheism.
ARTICLE 11:
(a) Human beings are born free, and no one has the right to enslave,
humiliate, oppress or exploit them, and there can be no subjugation but to
God the Most-High.
(b) Colonialism of all types being one of the most evil forms of enslavement
is totally prohibited. Peoples suffering from colonialism have the full right
to freedom and self-determination. It is the duty of all States and peoples
to support the struggle of colonized peoples for the liquidation of all forms
of colonialism and occupation, and all States and peoples have the right to
preserve their independent identity and exercise control over their wealth
and natural resources.
ARTICLE 12:
Every man shall have the right, within the framework of Shari'ah, to free
movement and to select his place of residence whether inside or outside his
country and if persecuted, is entitled to seek asylum in another country. The
country of refuge shall ensure his protection until he reaches safety, unless
asylum is motivated by an act which Shari'ah regards as a crime.
ARTICLE 13:
Work is a right guaranteed by the State and Society for each person able to
work. Everyone shall be free to choose the work that suits him best and which
serves his interests and those of society. The employee shall have the right
to safety and security as well as to all other social guarantees. He may
neither be assigned work beyond his capacity nor be subjected to compulsion
or exploited or harmed in any way. He shall be entitled - without any
discrimination between males and females - to fair wages for his work without
delay, as well as to the holidays allowances and promotions which he
deserves. For his part, he shall be required to be dedicated and meticulous
in his work. Should workers and employers disagree on any matter, the State
shall intervene to settle the dispute and have the grievances redressed, the
rights confirmed and justice enforced without bias.
ARTICLE 14:
Everyone shall have the right to legitimate gains without monopolization,
deceit or harm to oneself or to others. Usury (riba) is absolutely
prohibited.
ARTICLE 15
(a) Everyone shall have the right to own property acquired in a legitimate
way, and shall be entitled to the rights of ownership, without prejudice to
oneself, others or to society in general. Expropriation is not permissible
except for the requirements of public interest and upon payment of immediate
and fair compensation.
(b) Confiscation and seizure of property is prohibited except for a necessity
dictated by law.
ARTICLE 16:
Everyone shall have the right to enjoy the fruits of his scientific,
literary, artistic or technical production and the right to protect the moral
and material interests stemming therefrom, provided that such production is
not contrary to the principles of Shari'ah.
ARTICLE 17:
(a) Everyone shall have the right to live in a clean environment, away from
vice and moral corruption, an environment that would foster his
self-development and it is incumbent upon the State and society in general to
afford that right.
(b) Everyone shall have the right to medical and social care, and to all
public amenities provided by society and the State within the limits of their
available resources.
(c) The State shall ensure the right of the individual to a decent living
which will enable him to meet all is requirements and those of his
dependents, including food, clothing, housing, education , medical care and
all other basic needs.
ARTICLE 18:
(a) Everyone shall have the right to live in security for himself, his
religion, his dependents, his honor and his property.
(b) Everyone shall have the right to privacy in the conduct of his private
affairs, in his home, among his family, with regard to his property and his relationships.
It is not permitted to spy on him, to place him under surveillance or to
besmirch his good name. The State shall protect him from arbitrary
interference.
(c) A private residence is inviolable in all cases. It will not be entered
without permission from its inhabitants or in any unlawful manner, nor shall
it be demolished or confiscated and its dwellers evicted.
ARTICLE 19:
(a) All individuals are equal before the law, without distinction between the
ruler and the ruled.
(b) The right to resort to justice is guaranteed to everyone.
(c) Liability is in essence personal.
(d) There shall be no crime or punishment except as provided for in the
Shari'ah
(e) A defendant is innocent until his guilt is proven in a fair trial in
which he shall be given all the guarantees of defence.
ARTICLE 20:
It is not permitted without legitimate reason to arrest an individual, or
restrict his freedom, to exile or to punish him. It is not permitted to
subject him to physical or psychological torture or to any form of
humiliation, cruelty or indignity. Nor is it permitted to subject an
individual to medical or scientific experimentation without his consent or at
the risk of his health or of his life. Nor is it permitted to promulgate
emergency laws that would provide executive authority for such actions.
ARTICLE 21:
Taking hostages under any form or for any purpose is expressly forbidden.
ARTICLE 22:
(a) Everyone shall have the right to express his opinion freely in such
manner as would not be contrary to the principles of the Shari'ah.
(b) Everyone shall have the right to advocate what is right, and propagate
what is good, and warn against what is wrong and evil according to the norms
of Islamic Shari'ah
(c) Information is a vital necessity to society. It may not be exploited or
misused in such a way as may violate sanctities and the dignity of Prophets,
undermine moral and ethical values or disintegrate, corrupt or harm society
or weaken its faith.
(d) It is not permitted to arouse nationalistic or doctrinal hatred or to do
anything that may be an incitement to any form or racial discrimination.
ARTICLE 23:
(a) Authority is a trust; and abuse or malicious exploitation thereof is
absolutely prohibited, so that fundamental human rights may be guaranteed.
(b) Everyone shall have the right to participate, directly or indirectly in
the administration of his country's public affairs. He shall also have the
right to assume public office in accordance with the provisions of Shari'ah.
ARTICLE 24:
All the rights and freedoms stipulated in this Declaration are subject to the
Islamic Shari'ah.
ARTICLE 25:
The Islamic Shari'ah is the only source of reference for the explanation or
clarification of any of the articles of this Declaration.
|