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 Divine 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 (God) has given
mankind through His revelations in the Holy Qur'an and the Sunnah
of His Blessed Prophet Muhammad an abiding legal and moral
framework within which to establish and regulate human
institutions and relationships;
WHEREAS the human rights decreed
by the Divine Law aim at conferring dignity and honour on mankind
and are designed to eliminate oppression and injustice;
WHEREAS by virtue of their Divine
source and sanction these rights can neither be curtailed,
abrogated or disregarded by authorities, assemblies or other
institutions, nor can they be surrendered or alienated;
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.
References
Note: The Roman numerals refer to
the topics in the text. The Arabic numerals refer to the Chapter
and the Verse of the Qur'an, i.e. 5:32 means Chapter 5, Verse 32.
I
1 Qur'an Al-Maidah 5:32
2 Hadith narrated by Muslim, Abu
Daud,Tirmidhi, Nasai
3 Hadith narrated by Bukhari
II
4 Hadith narrated by Bukhari,
Muslim
5 Sayings of Caliph Umar
6 Qur'an As-Shura 42:41
7 Qur'an Al-Hajj 22:41
III
8 From the Prophet's address
9 Hadith narrated by Bukhari,
Muslim, Abu Daud, Tirmidhi, Nasai
10 From the address of Caliph Abu
Bakr
11 From the Prophet's farewell
address
12 Qur'an Al-Ahqaf 46:19
13 Hadith narrated by Ahmad
14 Qur'an Al-Mulk 67:15
15 Qur'an Al-Zalzalah 99:7-8
IV 16 Qur'an An-Nisa 4:59
17 Qur 'an Al-Maidah 5:49
18 Qur'an An-Nisa 4:148
19 Hadith narrated by Bukhari,
Muslim, Tirmidhi
20 Hadith narrated by Bukhari,
Muslim
2l Hadith narrated by Muslim, Abu
Daud, Tirmdhi, Nasai
22 Hadith narrated by Bukhari,
Muslim, Abu Daud, Tirmidhi, Nasai
23 Hadith narrated by Abu Daud,
Tirmidhi
24 Hadith narrated by Bukhari,
Muslim, Abu Daud, Tirmidhi, Nasai
25 Hadith narrated by Bukhari
V
26 Hadith narrated by Bukhari,
Muslim
27 Qur'an Al-Isra 17:15
28 Qur'an Al-Ahzab 33:5
29 Qur'an Al-Hujurat 49:6
30 Qur'an An-Najm 53:28
31 Qur'an Al Baqarah 2:229
32 Hadith narrated by Al Baihaki,
Hakim
33 Qur'an Al-Isra 17:15
34 Qur'an At-Tur 52:21
35 Qur'an Yusuf 12:79
VI
36 Qur'an Al Ahzab 33:58
VII
37 Hadith narrated by Bukhari,
Muslim, Abu Daud, Tirmidhi, Nasai
38 Hadith narrated by Ibn Majah
VIII
39 From the Prophet's farewell
address
40 Qur'an Al-Hujurat 49:12
41 Qur'an Al-Hujurat 49:11
IX
42 Qur'an At-Tawba 9:6
43 Qur'an Al-Imran 3:97
44 Qur'an Al-Baqarah 2:125
45 Qur'an Al-Hajj 22:25
X
46 Qur'an Al Baqarah 2:256
47 Qur'an Al-Maidah 5:42
48 Qur'an Al-Maidah 5:43
49 Qur'an Al-Maidah 5:47
XI
50 Qur'an As-Shura 42:38
51 Hadith narated by Ahmad
52 From the address of Caliph Abu
Bakr
XII
53 Qur'an Al-Ahzab 33:60-61
54 Qur'an Saba 34:46
55 Hadith narrated by Tirmidhi,
Nasai
56 Qur'an An-Nisa 4:83
57 Qur'an Al-Anam 6:108
XIII
58 Qur'an Al Kafirun 109:6
XIV
59 Qur'an Yusuf 12:108
60 Qur'an Al-Imran 3:104
61 Qur'an Al-Maidah 5:2
62 Hadith narrated by Abu Daud,
Tirmidhi,Nasai, Ibn Majah
XV
63 Qur'an Al-Maidah 5:120
64 Qur'an Al-Jathiyah 45:13
65 Qur'an Ash-Shuara 26:183
66 Qur'an Al-Isra 17:20
67 Qur'an Hud 11:6
68 Qur'an Al-Mulk 67:15
69 Qur'an An-Najm 53:48
70 Qur'an Al-Hashr 59:9
71 Qur'an Al-Maarij 70:24-25
72 Sayings of Caliph Abu Bakr
73 Hadith narrated by Bukhari,
Muslim
74 Hadith narrated by Muslim
75 Hadith narrated by Muslim, Abu
Daud,Tirmidhi, Nasai
76 Hadith narrated by Bukhari,
Muslim, Abu Daud, Tirmidhi, Nasai
77 Qur'an Al-Mutaffifin 83:1-3
78 Hadith narrated by Muslim
79 Qur'an Al-Baqarah 2:275
80 Hadith narrated by Bukhari,
Muslim,Abu Daud, Tirmidhi, Nasai
XVI
81 Qur'an Al Baqarah 2:188
82 Hadith narrated by Bukhari
83 Hadith narrated by Muslim
84 Hadith narrated by Muslim,
Tirmidhi
XVII
85 Qur'an At-Tawbah 9:105
86 Hadith narrated by Abu Yala¾
Majma Al Zawaid
87 Hadith narrated by Ibn Majah
88 Qur'an Al-Ahqaf 46:19
89 Qur'an At-Tawbah 9:105
90 Hadith narrated by Tabarani¾
Majma Al Zawaid
91 Hadith narrated by Bukhari
XVIII
92 Qur'an Al-Ahzab 33:6
XIX
93 Qur'an An-Nisa 4:1
94 Qur'an Al-Baqarah 2:228
95 Hadith narrated by Bukhari,
Muslim,Abu Daud, Tirmidhi, Nasai
96 Qur'an Ar-Rum 30:21
97 Qur'an At-Talaq 65:7
98 Qur'an Al-Isra 17:24
99 Hadith narrated by Bukhari,
Muslim,Abu Daud, Tirmidhi
100 Hadith narrated by Abu Daud
101 Hadith narrated by Bukhari,
Muslim
102 Hadith narrated by Abu Daud,
Tirmidhi
103 Hadith narrated by Ahmad, Abu
Daud
XX
104 Qur'an At-Talaq 65:6
105 Qur'an An-Nisa 4:34
106 Qur'an At-Talaq 65:6
107 Qur'an AtTalaq 65:6
108 Qur'an Al-Baqarah 2:229
109 Qur'an An-Nisa 4:12
110 Qur'an Al-Baqarah 2:237
XXI
111 Qur'an Al-Isra 17:23-24
112 Hadith narrated by Ibn Majah
113 Qur'an Al-Imran 3:187
114 From the Prophet's farewell
address
115 Hadith narrated by Bukhari,
Muslim
116 Hadith narrated by Bukhari,
Muslim,Abu Daud, Tirmidhi
XXII
117 Hadith narrated by Muslim
118 Qur'an Al-Hujurat 49:12
119 Hadith narrated by Abu Daud,
Tirmidhi
XXIII
120 Qur'an Al-Mulk 67:15
121 Qur'an Al-Anam 6:11
122 Qur'an An-Nisa 4:97
123 Qur'an Al-Baqarah 2:217
124 Qur'an Al-Hashr 59:9 |
