8 Islam, human rights and displacement FMR

Cairo Declaration on Human Rights in Islam Adopted and Issued at the Nineteenth Islamic Conference of Foreign Ministers in Cairo on 5 August 1990

The Member States of the Organization of ARTICLE 2: (b) The husband is responsible for the the Islamic Conference, (a) Life is a God-given gift and the right to maintenance and welfare of the family. life is guaranteed to every human being. It is Reaffirming the civilizing and historical role the duty of individuals, societies and states ARTICLE 7: of the Islamic Ummah which Allah made to safeguard this right against any violation, (a) As of the moment of birth, every child as the best community and which gave and it is prohibited to take away life except has rights due from the parents, the society humanity a universal and well-balanced for a shari’ah prescribed reason. and the state to be accorded proper nursing, civilization, in which harmony is established education and material, hygienic and moral between hereunder and the hereafter, (b) It is forbidden to resort to any means care. Both the fetus and the mother must be knowledge is combined with faith, and to which could result in the genocidal safeguarded and accorded special care. fulfill the expectations from this community annihilation of mankind. to guide all humanity which is confused (b) Parents and those in such like capacity because of different and conflicting beliefs (c) The preservation of human life have the right to choose the type of and ideologies and to provide solutions for throughout the term of time willed by Allah education they desire for their children, all chronic problems of this materialistic is a duty prescribed by Shari’ah. provided they take into consideration civilization. the interest and future of the children in (d) Safety from bodily harm is a guaranteed accordance with ethical values and the In contribution to the efforts of mankind to right. It is the duty of the state to safeguard principles of the Shari’ah. assert human rights, to protect man from it, and it is prohibited to breach it without a exploitation and persecution, and to affirm (c) Both parents are entitled to certain rights Shari’ah-prescribed reason. his freedom and right to a dignified life in from their children, and relatives are entitled accordance with the Islamic Shari’ah. ARTICLE 3: to rights from their kin, in accordance with the tenets of the shari’ah. Convinced that mankind which has reached (a) In the event of the use of force and in case an advanced stage in materialistic science is of armed conflict, it is not permissible to kill ARTCLE 8: still, and shall remain, in dire need of faith non-belligerents such as old men, women Every human being has the right to enjoy a to support its civilization as well as a self and children. The wounded and the sick legitimate eligibility with all its prerogatives motivating force to guard its rights; shall have the right to medical treatment; and obligations in case such eligibility is lost and prisoners of war shall have the right to Believing that fundamental rights and or impaired, the person shall have the right be fed, sheltered and clothed. It is prohibited freedoms according to Islam are an integral to be represented by his/her guardian. to mutilate or dismember dead bodies. It part of the Islamic religion and that no one is required to exchange prisoners of war ARTICLE 9: shall have the right as a matter of principle and to arrange visits or reunions of families to abolish them either in whole or in part (a) The seeking of knowledge is an obligation separated by circumstances of war. or to violate or ignore them in as much as and provision of education is the duty of the they are binding divine commands, which society and the State. The State shall ensure (b) It is prohibited to cut down trees, to are contained in the Revealed Books of the availability of ways and means to acquire destroy crops or livestock, to destroy the Allah and which were sent through the last education and shall guarantee its diversity in enemy’s civilian buildings and installations of His Prophets to complete the preceding the interest of the society so as to enable man divine messages and that safeguarding those by shelling, blasting or any other means. to be acquainted with the religion of Islam fundamental rights and freedoms is an act and uncover the secrets of the Universe for of worship whereas the neglect or violation ARTICLE 4: the benefit of mankind. thereof is an abominable sin, and that the Every human being is entitled to human safeguarding of those fundamental rights sanctity and the protection of one’s good (b) Every human being has a right to receive and freedom is an individual responsibility name and honour during one’s life and after both religious and worldly education of every person and a collective one’s death. The state and the society shall from the various institutions of teaching, responsibility of the entire Ummah; protect one’s body and burial place from education and guidance, including the desecration. family, the school, the university, the Do hereby and on the basis of the above- media, etc., and in such an integrated and mentioned principles declare as follows: ARTICLE 5: balanced manner that would develop human personality, strengthen man’s faith in Allah (a) The family is the foundation of society, ARTICLE 1: and promote man’s respect to and defence of and marriage is the basis of making a family. both rights and obligations. (a) All human beings form one family whose Men and women have the right to marriage, members are united by their subordination and no restrictions stemming from race, to Allah and descent from Adam. All men ARTICLE 10: colour or nationality shall prevent them from are equal in terms of basic human dignity Islam is the religion of true unspoiled nature. exercising this right. and basic obligations and responsibilities, It is prohibited to exercise any form of pressure on man or to exploit his poverty or without any discrimination on the basis of (b) The society and the State shall remove all race, colour, language, belief, sex, religion, ignorance in order to force him to change his obstacles to marriage and facilitate it, and political affiliation, social status or other religion to another religion or to atheism. shall protect the family and safeguard its considerations. The true religion is the welfare. guarantee for enhancing such dignity along ARTICLE 11: the path to human integrity. ARTICLE 6: (a) Human beings are born free, and no one has the right to enslave, humiliate, (b) All human beings are Allah’s subjects, (a) Woman is equal to man in human dignity, oppress or exploit them, and there can be no and the most loved by Him are those who and has her own rights to enjoy as well as subjugation but to Allah the Almighty. are most beneficial to His subjects, and no duties to perform, and has her own civil one has superiority over another except on entity and financial independence, and the (b) Colonialism of all types being one the basis of piety and good deeds. right to retain her name and lineage. of the most evil forms of enslavement is Islam, human rights and displacement 9 FMR

Cairo Declaration on Human Rights in Islam Adopted and Issued at the Nineteenth Islamic Conference of Foreign Ministers in Cairo on 5 August 1990

totally prohibited. Peoples suffering from ARTICLE 16: ARTICLE 20: colonialism have the full right to freedom Everyone shall have the right to enjoy the It is not permitted without legitimate and self-determination. It is the duty of fruits of his scientific, literary, artistic or reason to arrest an individual, or restrict all States peoples to support the struggle technical labour of which he is the author; his freedom, to exile or to punish him. It of colonized peoples for the liquidation of and he shall have the right to the protection is not permitted to subject him to physical all forms of and occupation, and all States of his moral and material interests stemming or psychological torture or to any form of and peoples have the right to preserve their therefrom, provided it is not contrary to the maltreatment, cruelty or indignity. Nor is it independent identity and econtrol over their principles of the Shari’ah. permitted to subject an individual to medical wealth and natural resources. or scientific experiments without hisconsent ARTICLE 17: or at the risk of his health or of his life. Nor is ARTICLE 12: (a) Everyone shall have the right to live it permitted to promulgate emergency laws that would provide executive authority for Every man shall have the right, within the in a clean environment, away from vice such actions. framework of the Shari’ah, to free movement and moral corruption, that would favour a and to select his place of residence whether healthy ethical development of his person within or outside his country and if ARTICLE 21: and it is incumbent upon the State and persecuted, is entitled to seek asylum in Taking hostages under any form or for any society in general to afford that right. another country. The country of refuge purpose is expressly forbidden. shall be obliged to provide protection to (b) Everyone shall have the right to medical ARTICLE 22: the asylum-seeker until his safety has been and social care, and to all public amenities attained, unless asylum is motivated by provided by society and the State within the (a) Everyone shall have the right to express his opinion freely in such manner as would committing an act regarded by the Shari’ah limits of their available resources. as a crime. not be contrary to the principles of the (c) The States shall ensure the right of the Shari’ah. ARTICLE 13: individual to a decent living that may enable 1.. Everyone shall have the right to advocate Work is a right guaranteed by the State and him to meet his requirements and those of what is right, and propagate what is good, the Society for each person with capability his dependents, including food, clothing, and warn against what is wrong and evil to work. Everyone shall be free to choose the housing, education, medical care and all according to the norms of Islamic Shari’ah. work that suits him best and which serves other basic needs. his interests as well as those of the society. (c) Information is a vital necessity to society. The employee shall have the right to enjoy ARTICLE 18: It may not be exploited or misused in such a safety and security as well as all other social (a) Everyone shall have the right to live way as may violate sanctities and the dignity guarantees. He may not be assigned work in security for himself, his religion, his of Prophets, undermine moral and ethical beyond his capacity nor shall he be subjected dependents, his honour and his property. Values or disintegrate, corrupt or harm to compulsion or exploited or harmed in society or weaken its faith. any way. He shall be entitled - without any (b) Everyone shall have the right to privacy discrimination between males and females in the conduct of his private affairs, in his (d) It is not permitted to excite nationalistic - to fair wages for his work without delay, home, among his family, with regard to or doctrinal hatred or to do anything that as well as to the holidays allowances and his property and his relationships. It is not may be an incitement to any form or racial promotions which he deserves. On his part, permitted to spy on him, to place him under discrimination. he shall be required to be dedicated and surveillance or to besmirch his good name. meticulous in his work. Should workers The State shall protect him from arbitrary ARTICLE 23: and employers disagree on any matter, the interference. (a) Authority is a trust; and abuse or State shall intervene to settle the dispute and malicious exploitation thereof is explicitly have the grievances redressed, the rights (c) A private residence is inviolable in prohibited, in order to guarantee confirmed and justice enforced without bias. all cases. It will not be entered without fundamental human rights. permission from its inhabitants or in any ARTICLE 14: unlawful manner, nor shall it be demolished (b) Everyone shall have the right to Everyone shall have the right to earn a or confiscated and its dwellers evicted. participate, directly or indirectly in the legitimate living without monopolization, administration of his country’s public affairs. deceit or causing harm to oneself or to ARTICLE 19: He shall also have the right to assume public office in accordance with the provisions of others. Usury (riba) is explicitly prohibited. (a) All individuals are equal before the law, Shari’ah. ARTICLE 15: without distinction between the ruler and the ruled. (a) Everyone shall have the right to own ARTICLE 24: All the rights and freedoms stipulated in property acquired in a legitimate way, and (b) The right to resort to justice is guaranteed this Declaration are subject to the Islamic shall be entitled to the rights of ownership to everyone. without prejudice to oneself, others or the Shari’ah. society in general. Expropriation is not (c) Liability is in essence personal. permissible except for requirements of public ARTICLE 25: interest and upon payment of prompt and (d) There shall be no crime or punishment The Islamic Shari’ah is the only source of fair compensation. except as provided for in the Shari’ah. reference for the explanation or clarification of any of the articles of this Declaration. (b) Confiscation and seizure of property is (e) A defendant is innocent until his guilt prohibited except for a necessity dictated is proven in a fast trial in which he shall be Text online at www.oic-oci.org/ by law. given all the guarantees of defence. english/article/human.htm