Friday, May 6, 2011
Sunday, May 1, 2011
Cairo Declaration on Human Rights in Islam, 5th August 1990
Cairo Declaration on Human Rights in Islam,Aug. 5, 1990, U.N. GAOR,
World Conf. on Hum. Rts., 4th Sess., Agenda Item 5, U.N. Doc.
A/CONF.157/PC/62/Add.18 (1993) [English translation].
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;
Agrees to issue the Cairo Declaration on Human Rights in Islam that will serve as a general
guidance for Member States in the Field of human rights.
Reaffirming the civilizing and historical role of the Islamic Ummah which Allah made as the
best community and which gave humanity a universal and well-balanced civilization, in which
harmony is established between hereunder and the hereafter, knowledge is combined with faith,
and to fulfill the expectations from this community to guide all humanity which is confused
because of different and conflicting beliefs and ideologies and to provide solutions for all chronic
problems of this materialistic civilization.
In contribution 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 as well as a self motivating force
to guard its rights;
Believing that fundamental rights and freedoms according to Islam are an integral part of the
Islamic religion and that no one shall have the right as a matter of principle to abolish them either
in whole or in part or to violate or ignore them in as much as they are binding divine commands,
which are contained in the Revealed Books of Allah and which were sent through the last of His
Prophets to complete the preceding divine messages and that safeguarding those fundamental
rights and freedoms is an act of worship whereas the neglect or violation thereof is an
abominable sin, and that the safeguarding of those fundamental rights and freedom is an
individual responsibility of every person and a collective responsibility of the entire Ummah;
Do hereby and on the basis of the above-mentioned principles declare as follows:
ARTICLE 1:
(a) All human beings form one family whose members are united by their subordination to Allah
and descent from Adam. All men are equal in terms of basic human dignity and basic obligations
and responsibilities, without any discrimination on the basis of race, colour, language, belief,
sex, religion, political affiliation, social status or other considerations. The true religion is the
guarantee for enhancing such dignity along the path to human integrity.
(b) All human beings are Allah's subjects, and the most loved by Him are those who are most
beneficial to 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 safeguard this right against any violation, and it is
prohibited to take away life except for a shari'ah prescribed reason.
(b) It is forbidden to resort to any means which could result in the genocidal annihilation of
mankind.
(c) The preservation of human life throughout the term of time willed by Allah 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 Shari'ah-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 nonbelligerents such as old men, 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 or dismember dead bodies. It is required to exchange prisoners of war
and to arrange visits or reunions of families separated by circumstances of war.
(b) It is prohibited to cut down trees, to destroy crops or livestock, to destroy the enemy's civilian
buildings and installations by shelling, blasting or any other means.
ARTICLE 4:
Every human being is entitled to human sanctity and the protection of one's good name and
honour during one's life and after one's death. The state and the society shall protect one's body
and burial place from desecration.
ARTICLE 5:
(a) The family is the foundation of society, and marriage is the basis of making a family. Men
and women have the right to marriage, and no restrictions stemming from race, colour or
nationality shall prevent them from exercising this right.
(b) The society and the State shall remove all obstacles to marriage and facilitate it, and shall
protect the family and safeguard its welfare.
ARTICLE 6:
(a) Woman is equal to man in human dignity, and has her own rights to enjoy as well as duties to
perform, and has her own civil entity and financial independence, and the right to retain her
name and lineage.
(b) The husband is responsible for the maintenance and welfare of the family.
ARTICLE 7:
(a) As of the moment of birth, every child has rights due from the parents, the society and the
state to be accorded proper nursing, education and material, hygienic and moral care. Both the
fetus and the mother must be safeguarded 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.
ARTCLE 8:
Every human being has the right to enjoy a legitimate eligibility with all its prerogatives and
obligations in case such eligibility is lost or impaired, the person shall have the right to be
represented by his/her guardian.
ARTICLE 9:
(a) The seeking of knowledge is an obligation and provision of education is the duty of the
society and the State. The State shall ensure the availability of ways and means to acquire
education and shall guarantee its diversity in the interest of the society so as to enable man to be
acquainted with the religion of Islam and uncover the secrets of the Universe for the benefit of
mankind.
(b) Every human being has a right to receive both religious and worldly education from the
various institutions of teaching, education and guidance, including the family, the school, the
university, the media, etc., and in such an integrated and balanced manner that would develop
human personality, strengthen man's faith in Allah and promote man's respect to and defence of
both rights and obligations.
ARTICLE 10:
Islam is the religion of true unspoiled nature. It is prohibited to exercise any form of pressure on
man or to exploit his poverty or ignorance in order to force him to change his religion 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 Allah the Almighty.
(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 peoples to support the struggle of colonized peoples for the liquidation of all
forms of and occupation, and all States and peoples have the right to preserve their independent
identity and econtrol over their wealth and natural resources.
ARTICLE 12:
Every man shall have the right, within the framework of the Shari'ah, to free movement and to
select his place of residence whether within or outside his country and if persecuted, is entitled to
seek asylum in another country. The country of refuge shall be obliged to provide protection to
the asylum-seeker until his safety has been attained, unless asylum is motivated by committing
an act regarded by the Shari'ah as a crime.
ARTICLE 13:
Work is a right guaranteed by the State and the Society for each person with capability to work.
Everyone shall be free to choose the work that suits him best and which serves his interests as
well as those of the society. The employee shall have the right to enjoy safety and security as
well as all other social guarantees. He may not be assigned work beyond his capacity nor shall he
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. On 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 earn a legitimate living without monopolization, deceit or
causing harm to oneself or to others. Usury (riba) is explicitly 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 the society in general.
Expropriation is not permissible except for requirements of public interest and upon payment of
prompt 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
labour of which he is the author; and he shall have the right to the protection of his moral and
material interests stemming therefrom, provided it is not contrary to the principles of the
Shari'ah.
ARTICLE 17:
(a) Everyone shall have the right to live in a clean environment, away from vice and moral
corruption, that would favour a healthy ethical development of his person 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 States shall ensure the right of the individual to a decent living that may enable him to
meet his 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
honour 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 fast 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 maltreatment, cruelty or indignity. Nor is it permitted to subject an individual to
medical or scientific experiments without hisconsent 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.
1.. 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 excite 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 explicitly prohibited, in
order to guarantee fundamental human rights.
(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.
World Conf. on Hum. Rts., 4th Sess., Agenda Item 5, U.N. Doc.
A/CONF.157/PC/62/Add.18 (1993) [English translation].
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;
Agrees to issue the Cairo Declaration on Human Rights in Islam that will serve as a general
guidance for Member States in the Field of human rights.
Reaffirming the civilizing and historical role of the Islamic Ummah which Allah made as the
best community and which gave humanity a universal and well-balanced civilization, in which
harmony is established between hereunder and the hereafter, knowledge is combined with faith,
and to fulfill the expectations from this community to guide all humanity which is confused
because of different and conflicting beliefs and ideologies and to provide solutions for all chronic
problems of this materialistic civilization.
In contribution 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 as well as a self motivating force
to guard its rights;
Believing that fundamental rights and freedoms according to Islam are an integral part of the
Islamic religion and that no one shall have the right as a matter of principle to abolish them either
in whole or in part or to violate or ignore them in as much as they are binding divine commands,
which are contained in the Revealed Books of Allah and which were sent through the last of His
Prophets to complete the preceding divine messages and that safeguarding those fundamental
rights and freedoms is an act of worship whereas the neglect or violation thereof is an
abominable sin, and that the safeguarding of those fundamental rights and freedom is an
individual responsibility of every person and a collective responsibility of the entire Ummah;
Do hereby and on the basis of the above-mentioned principles declare as follows:
ARTICLE 1:
(a) All human beings form one family whose members are united by their subordination to Allah
and descent from Adam. All men are equal in terms of basic human dignity and basic obligations
and responsibilities, without any discrimination on the basis of race, colour, language, belief,
sex, religion, political affiliation, social status or other considerations. The true religion is the
guarantee for enhancing such dignity along the path to human integrity.
(b) All human beings are Allah's subjects, and the most loved by Him are those who are most
beneficial to 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 safeguard this right against any violation, and it is
prohibited to take away life except for a shari'ah prescribed reason.
(b) It is forbidden to resort to any means which could result in the genocidal annihilation of
mankind.
(c) The preservation of human life throughout the term of time willed by Allah 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 Shari'ah-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 nonbelligerents such as old men, 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 or dismember dead bodies. It is required to exchange prisoners of war
and to arrange visits or reunions of families separated by circumstances of war.
(b) It is prohibited to cut down trees, to destroy crops or livestock, to destroy the enemy's civilian
buildings and installations by shelling, blasting or any other means.
ARTICLE 4:
Every human being is entitled to human sanctity and the protection of one's good name and
honour during one's life and after one's death. The state and the society shall protect one's body
and burial place from desecration.
ARTICLE 5:
(a) The family is the foundation of society, and marriage is the basis of making a family. Men
and women have the right to marriage, and no restrictions stemming from race, colour or
nationality shall prevent them from exercising this right.
(b) The society and the State shall remove all obstacles to marriage and facilitate it, and shall
protect the family and safeguard its welfare.
ARTICLE 6:
(a) Woman is equal to man in human dignity, and has her own rights to enjoy as well as duties to
perform, and has her own civil entity and financial independence, and the right to retain her
name and lineage.
(b) The husband is responsible for the maintenance and welfare of the family.
ARTICLE 7:
(a) As of the moment of birth, every child has rights due from the parents, the society and the
state to be accorded proper nursing, education and material, hygienic and moral care. Both the
fetus and the mother must be safeguarded 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.
ARTCLE 8:
Every human being has the right to enjoy a legitimate eligibility with all its prerogatives and
obligations in case such eligibility is lost or impaired, the person shall have the right to be
represented by his/her guardian.
ARTICLE 9:
(a) The seeking of knowledge is an obligation and provision of education is the duty of the
society and the State. The State shall ensure the availability of ways and means to acquire
education and shall guarantee its diversity in the interest of the society so as to enable man to be
acquainted with the religion of Islam and uncover the secrets of the Universe for the benefit of
mankind.
(b) Every human being has a right to receive both religious and worldly education from the
various institutions of teaching, education and guidance, including the family, the school, the
university, the media, etc., and in such an integrated and balanced manner that would develop
human personality, strengthen man's faith in Allah and promote man's respect to and defence of
both rights and obligations.
ARTICLE 10:
Islam is the religion of true unspoiled nature. It is prohibited to exercise any form of pressure on
man or to exploit his poverty or ignorance in order to force him to change his religion 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 Allah the Almighty.
(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 peoples to support the struggle of colonized peoples for the liquidation of all
forms of and occupation, and all States and peoples have the right to preserve their independent
identity and econtrol over their wealth and natural resources.
ARTICLE 12:
Every man shall have the right, within the framework of the Shari'ah, to free movement and to
select his place of residence whether within or outside his country and if persecuted, is entitled to
seek asylum in another country. The country of refuge shall be obliged to provide protection to
the asylum-seeker until his safety has been attained, unless asylum is motivated by committing
an act regarded by the Shari'ah as a crime.
ARTICLE 13:
Work is a right guaranteed by the State and the Society for each person with capability to work.
Everyone shall be free to choose the work that suits him best and which serves his interests as
well as those of the society. The employee shall have the right to enjoy safety and security as
well as all other social guarantees. He may not be assigned work beyond his capacity nor shall he
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. On 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 earn a legitimate living without monopolization, deceit or
causing harm to oneself or to others. Usury (riba) is explicitly 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 the society in general.
Expropriation is not permissible except for requirements of public interest and upon payment of
prompt 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
labour of which he is the author; and he shall have the right to the protection of his moral and
material interests stemming therefrom, provided it is not contrary to the principles of the
Shari'ah.
ARTICLE 17:
(a) Everyone shall have the right to live in a clean environment, away from vice and moral
corruption, that would favour a healthy ethical development of his person 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 States shall ensure the right of the individual to a decent living that may enable him to
meet his 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
honour 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 fast 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 maltreatment, cruelty or indignity. Nor is it permitted to subject an individual to
medical or scientific experiments without hisconsent 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.
1.. 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 excite 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 explicitly prohibited, in
order to guarantee fundamental human rights.
(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.
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