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.
- Adopted during the Nineteenth Islamic Conference of Foreign Ministers (Session of
Peace, Interdependence and Development), Cairo, Egypt, 31 July - 5 August 1990.