The Cairo Declaration on Human Rights in Islam

The Nineteenth Islamic Conference of Foreign Ministers (Sessionof Peace, Interdependence and Development), held in Cairo, Arab Republic ofEgypt, from 9-14 Muharram 1411H (31 July to 5 August 1990),

Recognizing the importance of issuing a Document on Human Rightsin Islam that will serve as a guide for Member states in all aspects of life;

Having examined the stages through which the preparation of thisdraft Document has so far, passed and the relevant report of the SecretaryGeneral;

Having examined the Report of the Meeting of the Committee ofLegal Experts held in Tehran from 26 to 28 December, 1989;

Agrees to issue the Cairo Declaration on Human Rights in Islamthat will serve as a general guidance for Member States in the Field of humanrights.

Reaffirming the civilizing and historical role of the IslamicUmmah which Allah made as the best community and which gave humanity a universaland well-balanced civilization, in which harmony is established betweenhereunder and the hereafter, knowledge is combined with faith, and to fulfillthe expectations from this community to guide all humanity which is confusedbecause of different and conflicting beliefs and ideologies and to providesolutions 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 andright to a dignified life in accordance with the Islamic Shari'ah.

Convinced that mankind which has reached an advanced stage inmaterialistic science is still, and shall remain, in dire need of faith tosupport its civilization as well as a self motivating force to guard its rights;

Believing that fundamental rights and freedoms according toIslam are an integral part of the Islamic religion and that no one shall havethe right as a matter of principle to abolish them either in whole or in part orto violate or ignore them in as much as they are binding divine commands, whichare contained in the Revealed Books of Allah and which were sent through thelast of His Prophets to complete the preceding divine messages and thatsafeguarding those fundamental rights and freedoms is an act of worship whereasthe neglect or violation thereof is an abominable sin, and that the safeguardingof those fundamental rights and freedom is an individual responsibility of everyperson and a collective responsibility of the entire Ummah;

(a) All human beings form one family whose members are united bytheir subordination to Allah and descent from Adam. All men are equal in termsof basic human dignity and basic obligations and responsibilities, without anydiscrimination on the basis of race, colour, language, belief, sex, religion,political affiliation, social status or other considerations. The true religionis the guarantee for enhancing such dignity along the path to human integrity.

(b) All human beings are Allah's subjects, and the most loved byHim are those who are most beneficial to His subjects, and no one hassuperiority over another except on the basis of piety and good deeds.

(a) Life is a God-given gift and the right to life is guaranteedto every human being. It is the duty of individuals, societies and states tosafeguard this right against any violation, and it is prohibited to take awaylife except for a shari'ah prescribed reason.

(b) It is forbidden to resort to any means which could result inthe genocidal annihilation of mankind.

(d) Safety from bodily harm is a guaranteed right. It is theduty of the state to safeguard it, and it is prohibited to breach it without aShari'ah-prescribed reason.

(a) In the event of the use of force and in case of armedconflict, it is not permissible to kill non-belligerents such as old men, womenand children. The wounded and the sick shall have the right to medicaltreatment; and prisoners of war shall have the right to be fed, sheltered andclothed. It is prohibited to mutilate or dismember dead bodies. It is requiredto exchange prisoners of war and to arrange visits or reunions of familiesseparated by circumstances of war.

(b) It is prohibited to cut down trees, to destroy crops orlivestock, to destroy the enemy's civilian buildings and installations byshelling, blasting or any other means.

Every human being is entitled to human sanctity and theprotection 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 fromdesecration.

(a) The family is the foundation of society, and marriage is thebasis of making a family. Men and women have the right to marriage, and norestrictions stemming from race, colour or nationality shall prevent them fromexercising this right.

(b) The society and the State shall remove all obstacles tomarriage and facilitate it, and shall protect the family and safeguard itswelfare.

(a) Woman is equal to man in human dignity, and has her ownrights to enjoy as well as duties to perform, and has her own civil entity andfinancial independence, and the right to retain her name and lineage.

(a) As of the moment of birth, every child has rights due fromthe parents, the society and the state to be accorded proper nursing, educationand material, hygienic and moral care. Both the fetus and the mother must besafeguarded and accorded special care.

(b) Parents and those in such like capacity have the right tochoose the type of education they desire for their children, provided they takeinto consideration the interest and future of the children in accordance withethical values and the principles of the Shari'ah.

(c) Both parents are entitled to certain rights from theirchildren, and relatives are entitled to rights from their kin, in accordancewith the tenets of the shari'ah.

Every human being has the right to enjoy a legitimateeligibility with all its prerogatives and obligations in case such eligibilityis lost or impaired, the person shall have the right to be represented by his/herguardian.

(a) The seeking of knowledge is an obligation and provision ofeducation is the duty of the society and the State. The State shall ensure theavailability of ways and means to acquire education and shall guarantee itsdiversity in the interest of the society so as to enable man to be acquaintedwith the religion of Islam and uncover the secrets of the Universe for thebenefit of mankind.

(b) Every human being has a right to receive both religious andworldly education from the various institutions of teaching, education andguidance, including the family, the school, the university, the media, etc., andin 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 bothrights and obligations.

Islam is the religion of true unspoiled nature. It is prohibitedto exercise any form of pressure on man or to exploit his poverty or ignorancein order to force him to change his religion to another religion or to atheism.

(a) Human beings are born free, and no one has the right toenslave, humiliate, oppress or exploit them, and there can be no subjugation butto Allah the Almighty.

(b) Colonialism of all types being one of the most evil forms ofenslavement is totally prohibited. Peoples suffering from colonialism have thefull right to freedom and self-determination. It is the duty of all Statespeoples to support the struggle of colonized peoples for the liquidation of allforms of and occupation, and all States and peoples have the right to preservetheir independent identity and econtrol over their wealth and natural resources.

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.

Work is a right guaranteed by the State and the Society for eachperson with capability to work. Everyone shall be free to choose the work thatsuits 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 allother social guarantees. He may not be assigned work beyond his capacity norshall he be subjected to compulsion or exploited or harmed in any way. He shallbe entitled - without any discrimination between males and females - to fairwages for his work without delay, as well as to the holidays allowances andpromotions which he deserves. On his part, he shall be required to be dedicatedand meticulous in his work. Should workers and employers disagree on any matter,the State shall intervene to settle the dispute and have the grievancesredressed, the rights confirmed and justice enforced without bias.

Everyone shall have the right to earn a legitimate livingwithout monopolization, deceit or causing harm to oneself or to others. Usury (riba)is explicitly prohibited.

(a) Everyone shall have the right to own property acquired in alegitimate way, and shall be entitled to the rights of ownership withoutprejudice to oneself, others or the society in general. Expropriation is notpermissible except for requirements of public interest and upon payment ofprompt and fair compensation.

(b) Confiscation and seizure of property is prohibited exceptfor a necessity dictated by law.

Everyone shall have the right to enjoy the fruits of hisscientific, literary, artistic or technical labour of which he is the author;and he shall have the right to the protection of his moral and materialinterests stemming therefrom, provided it is not contrary to the principles ofthe Shari'ah.

(a) Everyone shall have the right to live in a clean environment,away from vice and moral corruption, that would favour a healthy ethicaldevelopment of his person and it is incumbent upon the State and society ingeneral 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 limitsof their available resources.

(c) The States shall ensure the right of the individual to adecent living that may enable him to meet his requirements and those of hisdependents, including food, clothing, housing, education, medical care and allother basic needs.

(a) Everyone shall have the right to live in security forhimself, his religion, his dependents, his honour and his property.

(b) Everyone shall have the right to privacy in the conduct ofhis private affairs, in his home, among his family, with regard to his propertyand his relationships. It is not permitted to spy on him, to place him undersurveillance or to besmirch his good name. The State shall protect him fromarbitrary interference.

(c) A private residence is inviolable in all cases. It will notbe entered without permission from its inhabitants or in any unlawful manner,nor shall it be demolished or confiscated and its dwellers evicted.

(a) All individuals are equal before the law, withoutdistinction between the ruler and the ruled.

(d) There shall be no crime or punishment except as provided forin the Shari'ah.

(e) A defendant is innocent until his guilt is proven in a fasttrial in which he shall be given all the guarantees of defence.

It is not permitted without legitimate reason to arrest anindividual, or restrict his freedom, to exile or to punish him. It is notpermitted to subject him to physical or psychological torture or to any form ofmaltreatment, cruelty or indignity. Nor is it permitted to subject an individualto medical or scientific experiments without hisconsent or at the risk of hishealth or of his life. Nor is it permitted to promulgate emergency laws thatwould provide executive authority for such actions.

(a) Everyone shall have the right to express his opinion freelyin 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, andpropagate what is good, and warn against what is wrong and evil according to thenorms of Islamic Shari'ah.

(c) Information is a vital necessity to society. It may not beexploited or misused in such a way as may violate sanctities and the dignity ofProphets, undermine moral and ethical Values or disintegrate, corrupt or harmsociety or weaken its faith.

(d) It is not permitted to excite nationalistic or doctrinalhatred or to do anything that may be an incitement to any form or racialdiscrimination.

(a) Authority is a trust; and abuse or malicious exploitationthereof is explicitly prohibited, in order to guarantee fundamental human rights.

(b) Everyone shall have the right to participate, directly orindirectly in the administration of his country's public affairs. He shall alsohave the right to assume public office in accordance with the provisions ofShari'ah.

All the rights and freedoms stipulated in this Declaration aresubject to the Islamic Shari'ah.

The Islamic Shari'ah is the only source of reference for the explanation or clarification of any of the articles of this Declaration.