The
The Nineteenth Islamic Conference of Foreign Ministers (Session of
Peace, Interdependence and Development), held in
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
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 non-belligerents 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.