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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.
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