Universal Islamic Declaration of Human Rights
Published by: Islamic Council, 16 Grosvenor Crescent, London SW1
Telephone: 0171-2359832
Telex: 894240ISLAMI G
Cables: ISLAMIAH London, SW1
21 Dhul Qaidah 1401 19 September 1981
This is a declaration for mankind, a
guidance and instruction to those who fear God. (Al Qur'an, Al-Imran 3:138)
Foreword
Islam gave to mankind an ideal code of human
rights fourteen centuries ago. These rights aim at conferring honour and dignity
on mankind and eliminating exploitation, oppression and injustice.
Human rights in Islam are firmly rooted in the
belief that God, and God alone, is the Law Giver and the Source of all human
rights. Due to their Divine origin, no ruler, government, assembly or authority
can curtail or violate in any way the human rights conferred by God, nor can
they be surrendered.
Human rights in Islam are an integral part of
the overall Islamic order and it is obligatory on all Muslim governments and
organs of society to implement them in letter and in spirit within the framework
of that order.
It is unfortunate that human rights are being
trampled upon with impunity in many countries of the world, including some
Muslim countries. Such violations are a matter of serious concern and are
arousing the conscience of more and more people throughout the world.
I sincerely hope that this Declaration of Human
Rights will give a powerful impetus to the Muslim peoples to stand firm and
defend resolutely and courageously the rights conferred on them by God.
This Declaration of Human Rights is the second
fundamental document proclaimed by the Islamic Council to mark the beginning of
the 15th Century of the Islamic era, the first being the Universal Islamic
Declaration announced at the International Conference on The Prophet Muhammad
(peace and blessings be upon him) and his Message, held in London from 12 to 15
April 1980.
The Universal Islamic Declaration of Human
Rights is based on the Qur'an and the Sunnah and has been compiled by eminent
Muslim scholars, jurists and representatives of Islamic movements and thought.
May God reward them all for their efforts and guide us along the right path.
Paris 21 Dhul Qaidah 1401
19th September 1981
Salem Azzam, Secretary General
O men! Behold, We have created you all out
of a male and a female, and have made you into nations and tribes, so that you
might come to know one another. Verily, the noblest of you in the sight of God
is the one who is most deeply conscious of Him. Behold, God is all-knowing,
all aware. (Al Qur'an, Al-Hujurat 49:13)
PREAMBLE Whereas the age-old human aspiration for a just world order wherein people could live, develop and prosper in an environment free from fear, oppression, exploitation and deprivation, remains largely unfulfilled;
Whereas the Devine Mercy unto mankind reflected in its having been endowed with super-abundant economic sustenance is being wasted, or unfairly or unjustly withheld from the inhabitants of the earth;
Whereas Allah has given mankind through His revelations in the Holy Qur'an and the Sunnah of His Blessed Prophet Muhammad and abiding legal and moral frame work within which to established and regulate human institutions and relationships;
Whereas the human rights decreed by the Devine Law aim at conferring dignity and honour on mankind and are designed to eliminate oppression and injustice;
Whereas by virtue of their Devine source and sanction these rights can neither be curtailed, abrogated nor disregarded by authorities, assemblies or other institutions, nor they can be surrendered or eliminated;
Therefore we, as Muslims, who believe
a) in God, the Beneficent and Merciful, the
Creator, the Sustainer, the Sovereign, the sole Guide of mankind and the Source
of all Law;
b) in the Vicegerency (Khilafah) of man who has
been created to fulfill the Will of God on earth;
c) in the wisdom of Divine guidance brought by
the Prophets, whose mission found its culmination in the final Divine message
that was conveyed by the Prophet Muhammad (Peace be upon him) to all mankind;
d) that rationality by itself without the light
of revelation from God can neither be a sure guide in the affairs of mankind nor
provide spiritual nourishment to the human soul, and, knowing that the teachings
of Islam represent the quintessence of Divine guidance in its final and perfect
form, feel duty-bound to remind man of the high status and dignity bestowed on
him by God;
e) in inviting all mankind to the message of
Islam;
f) that by the terms of our primeval covenant
with God our duties and obligations have priority over our rights, and that each
one of us is under a bounden duty to spread the teachings of Islam by word,
deed, and indeed in all gentle ways, and to make them effective not only in our
individual lives but also in the society around us;
g) in our obligation to establish an Islamic
order:
i) wherein all human beings shall be equal and
none shall enjoy a privilege or suffer a disadvantage or discrimination by
reason of race, colour, sex, origin or language;
ii) wherein all human beings are born free;
iii) wherein slavery and forced labour are
abhorred;
iv) wherein conditions shall be established such
that the institution of family shall be preserved, protected and honoured as the
basis of all social life;
v) wherein the rulers and the ruled alike are
subject to, and equal before, the Law;
vi) wherein obedience shall be rendered only to
those commands that are in consonance with the Law;
vii) wherein all worldly power shall be
considered as a sacred trust, to be exercised within the limits prescribed by
the Law and in a manner approved by it, and with due regard for the priorities
fixed by it;
viii) wherein all economic resources shall be
treated as Divine blessings bestowed upon mankind, to be enjoyed by all in
accordance with the rules and the values set out in the Qur'an and the Sunnah;
ix) wherein all public affairs shall be
determined and conducted, and the authority to administer them shall be
exercised after mutual consultation (Shura) between the believers qualified to
contribute to a decision which would accord well with the Law and the public
good;
x) wherein everyone shall undertake obligations
proportionate to his capacity and shall be held responsible pro rata for his
deeds;
xi) wherein everyone shall, in case of an
infringement of his rights, be assured of appropriate remedial measures in
accordance with the Law;
xii) wherein no one shall be deprived of the
rights assured to him by the Law except by its authority and to the extent
permitted by it;
xiii) wherein every individual shall have the
right to bring legal action against anyone who commits a crime against society
as a whole or against any of its members;
xiv) wherein every effort shall be made to
(a) secure unto mankind deliverance from every
type of exploitation, injustice and oppression,
(b) ensure to everyone security, dignity and
liberty in terms set out and by methods approved and within the limits set by
the Law;
Do hereby, as servants of Allah and as members
of the Universal Brotherhood of Islam, at the beginning of the Fifteenth Century
of the Islamic Era, affirm our commitment to uphold the following inviolable and
inalienable human rights that we consider are enjoined by Islam.
I Right to Life
a) Human life is sacred and inviolable and every
effort shall be made to protect it. In particular no one shall be exposed to
injury or death, except under the authority of the Law.
b) Just as in life, so also after death, the
sanctity of a person's body shall be inviolable. It is the obligation of
believers to see that a deceased person's body is handled with due solemnity.
II Right to Freedom
a) Man is born free. No inroads shall be made on
his right to liberty except under the authority and in due process of the Law.
b) Every individual and every people has the
inalienable right to freedom in all its forms - physical, cultural, economic
and political - and shall be entitled to struggle by all available means against
any infringement or abrogation of this right; and every oppressed individual or
people has a legitimate claim to the support of other individuals and/or peoples
in such a struggle.
III Right to Equality and
Prohibition Against Impermissible Discrimination
a) All persons are equal before the Law and are
entitled to equal opportunities and protection of the Law.
b) All persons shall be entitled to equal wage
for equal work.
c ) No person shall be denied the opportunity to
work or be discriminated against in any manner or exposed to greater physical
risk by reason of religious belief, colour, race, origin, sex or language.
IV Right to Justice
a) Every person has the right to be treated in
accordance with the Law, and only in accordance with the Law.
b) Every person has not only the right but also
the obligation to protest against injustice; to recourse to remedies provided by
the Law in respect of any unwarranted personal injury or loss; to self-defence
against any charges that are preferred against him and to obtain fair
adjudication before an independent judicial tribunal in any dispute with public
authorities or any other person.
c) It is the right and duty of every person to
defend the rights of any other person and the community in general (Hisbah).
d) No person shall be discriminated against
while seeking to defend private and public rights.
e) It is the right and duty of every Muslim to
refuse to obey any command which is contrary to the Law, no matter by whom it
may be issued.
V Right to Fair Trial
a) No person shall be adjudged guilty of an
offence and made liable to punishment except after proof of his guilt before an
independent judicial tribunal.
b) No person shall be adjudged guilty except
after a fair trial and after reasonable opportunity for defence has been
provided to him.
c) Punishment shall be awarded in accordance
with the Law, in proportion to the seriousness of the offence and with due
consideration of the circumstances under which it was committed.
d) No act shall be considered a crime unless it
is stipulated as such in the clear wording of the Law.
e) Every individual is responsible for his
actions. Responsibility for a crime cannot be vicariously extended to other
members of his family or group, who are not otherwise directly or indirectly
involved in the commission of the crime in question.
VI Right to Protection Against
Abuse of Power
Every person has the right to protection against
harassment by official agencies. He is not liable to account for himself except
for making a defence to the charges made against him or where he is found in a
situation wherein a question regarding suspicion of his involvement in a crime
could be reasonably raised
VII Right to Protection Against
Torture
No person shall be subjected to torture in mind
or body, or degraded, or threatened with injury either to himself or to anyone
related to or held dear by him, or forcibly made to confess to the commission of
a crime, or forced to consent to an act which is injurious to his interests.
VIII Right to Protection of
Honour and Reputation
Every person has the right to protect his honour
and reputation against calumnies, groundless charges or deliberate attempts at
defamation and blackmail.
IX Right to Asylum
a) Every persecuted or oppressed person has the
right to seek refuge and asylum. This right is guaranteed to every human being
irrespective of race, religion, colour and sex.
b) Al Masjid Al Haram (the sacred house of
Allah) in Mecca is a sanctuary for all Muslims.
X Rights of Minorities
a) The Qur'anic principle "There is no
compulsion in religion" shall govern the religious rights of non-Muslim
minorities.
b) In a Muslim country religious minorities
shall have the choice to be governed in respect of their civil and personal
matters by Islamic Law, or by their own laws.
XI Right and Obligation to
Participate in the Conduct and Management of Public Affairs
a) Subject to the Law, every individual in the
community (Ummah) is entitled to assume public office.
b) Process of free consultation (Shura) is the
basis of the administrative relationship between the government and the people.
People also have the right to choose and remove their rulers in accordance with
this principle.
XII Right to Freedom of Belief,
Thought and Speech
a) Every person has the right to express his
thoughts and beliefs so long as he remains within the limits prescribed by the
Law. No one, however, is entitled to disseminate falsehood or to circulate
reports which may outrage public decency, or to indulge in slander, innuendo or
to cast defamatory aspersions on other persons.
b) Pursuit of knowledge and search after truth
is not only a right but a duty of every Muslim.
c) It is the right and duty of every Muslim to
protest and strive (within the limits set out by the Law) against oppression
even if it involves challenging the highest authority in the state.
d) There shall be no bar on the dissemination of
information provided it does not endanger the security of the society or the
state and is confined within the limits imposed by the Law.
e) No one shall hold in contempt or ridicule the
religious beliefs of others or incite public hostility against them; respect for
the religious feelings of others is obligatory on all Muslims.
XIII Right to Freedom of
Religion
Every person has the right to freedom of
conscience and worship in accordance with his religious beliefs.
XIV Right to Free Association
a) Every person is entitled to participate
individually and collectively in the religious, social, cultural and political
life of his community and to establish institutions and agencies meant to enjoin
what is right (ma'roof) and to prevent what is wrong (munkar).
b) Every person is entitled to strive for the
establishment of institutions whereunder an enjoyment of these rights would be
made possible. Collectively, the community is obliged to establish conditions so
as to allow its members full development of their personalities.
XV The Economic Order and the
Rights Evolving Therefrom
a) In their economic pursuits, all persons are
entitled to the full benefits of nature and all its resources. These are
blessings bestowed by God for the benefit of mankind as a whole.
b) All human beings are entitled to earn their
living according to the Law.
c) Every person is entitled to own property
individually or in association with others. State ownership of certain economic
resources in the public interest is legitimate.
d) The poor have the right to a prescribed share
in the wealth of the rich, as fixed by Zakah, levied and collected in accordance
with the Law.
e) All means of production shall be utilised in
the interest of the community (Ummah) as a whole, and may not be neglected or
misused.
f) In order to promote the development of a
balanced economy and to protect society from exploitation, Islamic Law forbids
monopolies, unreasonable restrictive trade practices, usury, the use of coercion
in the making of contracts and the publication of misleading advertisements.
g) All economic activities are permitted
provided they are not detrimental to the interests of the community(Ummah) and
do not violate Islamic laws and values.
XVI Right to Protection of
Property
No property may be expropriated except in the
public interest and on payment of fair and adequate compensation.
XVII Status and Dignity of
Workers
Islam honours work and the worker and enjoins
Muslims not only to treat the worker justly but also generously. He is not only
to be paid his earned wages promptly, but is also entitled to adequate rest and
leisure.
XVIII Right to Social
Security
Every person has the right to food, shelter,
clothing, education and medical care consistent with the resources of the
community. This obligation of the community extends in particular to all
individuals who cannot take care of themselves due to some temporary or
permanent disability.
XIX Right to Found a Family and
Related Matters
a) Every person is entitled to marry, to found a
family and to bring up children in conformity with his religion, traditions and
culture. Every spouse is entitled to such rights and privileges and carries such
obligations as are stipulated by the Law.
b) Each of the partners in a marriage is
entitled to respect and consideration from the other.
c) Every husband is obligated to maintain his
wife and children according to his means.
d) Every child has the right to be maintained
and properly brought up by its parents, it being forbidden that children are
made to work at an early age or that any burden is put on them which would
arrest or harm their natural development.
e) If parents are for some reason unable to
discharge their obligations towards a child it becomes the responsibility of the
community to fulfill these obligations at public expense.
f) Every person is entitled to material support,
as well as care and protection, from his family during his childhood, old age or
incapacity. Parents are entitled to material support as well as care and
protection from their children.
g) Motherhood is entitled to special respect,
care and assistance on the part of the family and the public organs of the
community (Ummah).
h) Within the family, men and women are to share
in their obligations and responsibilities according to their sex, their natural
endowments, talents and inclinations, bearing in mind their common
responsibilities toward their progeny and their relatives.
i) No person may be married against his or her
will, or lose or suffer dimunition of legal personality on account of marriage.
XX Rights of Married Women
Every married woman is entitled to:
a) live in the house in which her husband lives;
b) receive the means necessary for maintaining a
standard of living which is not inferior to that of her spouse, and, in the
event of divorce, receive during the statutory period of waiting (iddah) means
of maintenance commensurate with her husband's resources, for herself as well as
for the children she nurses or keeps, irrespective of her own financial status,
earnings, or property that she may hold in her own rights;
c) seek and obtain dissolution of marriage (Khul'a)
in accordance with the terms of the Law. This right is in addition to her right
to seek divorce through the courts.
d) inherit from her husband, her parents, her
children and other relatives according to the Law;
e) strict confidentiality from her spouse, or
ex-spouse if divorced, with regard to any information that he may have obtained
about her, the disclosure of which could prove detrimental to her interests. A
similar responsibility rests upon her in respect of her spouse or ex-spouse.
XXI Right to Education
a) Every person is entitled to receive education
in accordance with his natural capabilities.
b) Every person is entitled to a free choice of
profession and career and to the opportunity for the full development of his
natural endowments.
XXII Right of Privacy
Every person is entitled to the protection of
his privacy.
XXIII Right to Freedom of
Movement and Residence
a) In view of the fact that the World of Islam
is veritably Ummah Islamia, every Muslim shall have the right to freely move in
and out of any Muslim country.
b) No one shall be forced to leave the country
of his residence, or be arbitrarily deported therefrom without recourse to due
process of Law.
Explanatory Notes
1 In the above formulation of Human Rights,
unless the context provides otherwise:
a) the term 'person' refers to both the male
and female sexes.
b) the term 'Law' denotes the Shari'ah, i.e.
the totality of ordinances derived from the Qur'an and the Sunnah and any
other laws that are deduced from these two sources by methods considered valid
in Islamic jurisprudence.
2 Each one of the Human Rights enunciated in
this declaration carries a corresponding duty.
3 In the exercise and enjoyment of the rights
referred to above every person shall be subject only to such limitations as are
enjoined by the Law for the purpose of securing the due recognition of, and
respect for, the rights and the freedom of others and of meeting the just
requirements of morality, public order and the general welfare of the Community
(Ummah).
The Arabic text of this Declaration is the
original.
Glossary of Arabic Terms
SUNNAH - The example or way of life of the
Prophet (peace be upon him), embracing what he said, did or agreed to.
KHALIFAH - The vicegerency of man on earth or
succession to the Prophet, transliterated into English as the Caliphate.
HISBAH- Public vigilance, an institution of the
Islamic State enjoined to observe and facilitate the fulfillment of right norms
of public behaviour. The "Hisbah" consists in public vigilance as well as an
opportunity to private individuals to seek redress through it.
MA'ROOF - Good act.
MUNKAR - Reprehensible deed.
ZAKAH - The 'purifying' tax on wealth, one of
the five pillars of Islam obligatory on Muslims.
'IDDAH - The waiting period of a widowed or
divorced woman during which she is not to re-marry.
KHUL'A - Divorce a woman obtains at her own
request.
UMMAH ISLAMIA - World Muslim community.
SHARI'AH - Islamic law
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