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 this 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-motivation 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 One:
(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,
colour, 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 test of His
subjects, and no one has superiority over another except on the basis of
piety and good deeds.
Article Two:
(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'a
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'a.
(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 Shari'a prescribed reason.
Article Three:
(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 men, 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 Four: Every
human being is entitled to inviolability and the protection of his good
name and honour during his life and after his death. The state and society
shall protect his remains and burial place.
Article Five:
(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, colour 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 Six:
(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 Seven:
(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 an 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 Shari'a.
(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'a.
Article Eight:
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 Nine:
(a) The quest 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.
(h) 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 defence of both rights and obligations.
Article Ten:
Islam is the religion of unspoiled
nature. It is prohibited to exercise any form for compulsion on man or to
exploit his poverty or ignorance in order to convert him to another
religion or to atheism.
Article Eleven:
(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 Twelve:
Every man shall have the right, within
the framework of Shari'a, 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'a regards as a crime.
Article Thirteen:
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 Fourteen:
Everyone shall have the right to
legitimate gains without monopolization, deceit or harm to oneself or to
others. Usury (riba) is absolutely prohibited.
Article Fifteen:
(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 Sixteen:
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'a.
Article Seventeen:
(a) Everyone shall have the right to
live in a clean environment, a way 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 his
requirements and those of his dependents, including food, clothing,
housing, education, medical care and all other basic needs.
Article Eighteen:
(a) Everyone shall have the right to
live in security for himself, his religion, his dependants, his honour 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 Nineteen:
(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'a.
(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 Twenty:
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 his
life. Nor is it permitted to promulgate emergency laws that would provide
executive authority for such actions.
Article Twenty-one:
Taking hostages under any form or for
any purpose is expressly forbidden.
Article Twenty-two:
(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'a.
(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'a.
(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 hated or to do anything that may be an incitement to any form of
racial discrimination.
Article Twenty-three:
All the rights and freedoms stipulated in this
Declaration are subject to the Islamic Shari a.
Article Twenty-four:
The Islamic Shari'a is the only source of reference for
the explanation or clarification of any of the articles of this
Declaration.
Cairo, 14 Muharram 1411 AH., 5 August 1990.
Minnesota Lawyers International Human Rights Committee, 'Shame in the
House of Saud, Contempt for Human Rights in the Kingdom of Saudi Arabia',
Minneapolis 1992.