Cairo Declaration on Human Rights in Islam

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Not to be confused with Universal Declaration of Human Rights.
Cairo Declaration on Human Rights in Islam
SignedAugust 5, 1990 (1990-08-05)
LocationCairo
Signatories45 OIC members
LanguageArabic
Full text
Cairo Declaration on Human Rights in Islam at Wikisource
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The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of the member states of the

Islamic perspective on human rights. The 1990 version affirms Islamic sharia
as its sole source, whereas the 2020 version doesn't specifically invoke sharia. The focus of this article is the 1990 version of the CDHRI.

The CDHRI declares its purpose to be "general guidance for Member States [of the OIC] in the field of human rights". This declaration is widely acknowledged as an Islamic response to the United Nations' Universal Declaration of Human Rights (UDHR), adopted in 1948. It guarantees some, but not all, of the UDHR and serves as a living document of human rights guidelines prescribed for all members of the OIC to follow, but restricts them explicitly to the limits set by the sharia. Because of this limit, the CDHRI has been criticized as an attempt to shield OIC member states from international criticism for human rights violations, as well as for failing to guarantee freedom of religion, justifying corporal punishment and allowing discrimination against non-Muslims and women.

History

Various

Muslim countries had criticized the 1948 Universal Declaration of Human Rights for its failure to take into account the cultural and religious context of non-Western countries.[5] In 1981, Said Rajaie-Khorassani—the post-revolutionary Iranian representative to the UN—articulated the position of his country regarding the UDHR, by saying that it was a relativistic "secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing Islamic law.[6]

The CDHRI was adopted in 1990 by members of the Organisation of the Islamic Conference. As of 2012, it had been signed by 45 states.[7] In 1992, the CDHRI was presented to the United Nations Commission on Human Rights, where it was strongly condemned by the International Commission of Jurists.

Contents

The Declaration

women and children, the wounded and sick, and prisoners of war—the right to food
, shelter, and access to safety and medical treatment in times of war.

The CDHRI affords women "equal human dignity", "own rights to enjoy", "duties to perform", "own civil entity", "financial independence", and the "right to retain her name and lineage". Both men and women are given the "right to marriage" regardless of their race, colour, or nationality. The Declaration makes it incumbent upon both parents to protect the child, both before and after birth, while stressing that the husband is responsible for the social and financial protection of his family, including any children and wives.

The Declaration recognises the rights to property and privacy for the individuals.[8][9] The Article 18 (b) says that "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".[10] It forbids the demolition and confiscation of any family's residence and the eviction of the family.[9] Furthermore, should the family be separated in times of war, it is the responsibility of the state to "arrange visits or reunions of families".

Article 10 of the Declaration states: "Islam is the religion of unspoiled nature. It is

atheism." Since in Islamic society all reasons for conversion away from Islam are considered to be essentially either compulsion or ignorance, this effectively forbids conversion away from Islam.[2]

The Declaration protects each individual from

decapitation.[11] The right to hold public office can only be exercised in accordance with the sharia.[12]

The Declaration also emphasizes the "full right to freedom and

enslavement, oppression, exploitation, and colonialism. The CDHRI declares the rule of law, establishing "equality and justice for all", with the limitations provided under Islamic law
. The CDHRI also guarantees all individuals the "right to participate, directly or indirectly in the administration of his country's public affairs". The CDHRI also forbids any abuse of authority "subject to the Islamic Shariah."

Article 22(a) of the Declaration states that "Everyone shall have the right to express his opinion freely in such manner as would not be contrary to the principles of the Shariah." Article 22(b) states that "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 Shariah." Article 22(c) states: "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." This is an explicit restriction on the freedom to make any statement which might be considered blasphemous, the penalty for the making of which might be death and as such the wording of this clause allows the death penalty for blasphemy in clear contravention of the UDHR. Article 22(d) states that "It is not permitted to arouse nationalistic or doctrinal hatred or to do anything that may be an incitement to any form of racial discrimination."[13]

Religious features

Further information: Human rights in the Quran

Although the CDHRI uses a universalist language akin to the Universal Declaration of Human Rights, "quite a number of [its] features express an Islamic particularity."[1] The preamble is mostly religious rhetoric, and the particulars of the CDHRI contain numerous references to the Quran, sharia, and aspects of the Islamic faith that appear on no other similar international list.[1] The CDHRI concludes in Articles 24 and 25 that all rights and freedoms mentioned are subject to the Islamic sharia, which is the declaration's sole source.[14] The CDHRI declares true religion to be the "guarantee for enhancing such dignity along the path to human integrity". It also places the responsibility for defending those rights upon the entire Ummah.

Criticism

See also:
Application of sharia law by country, and Islam and violence

The CDHRI has been criticized for being implemented by a set of states with widely disparate religious policies and practices who had "a shared interest in disarming international criticism of their domestic human rights record."[1]

Article 24 of the declaration states: "All the rights and freedoms stipulated in this Declaration are subject to the Islamic Sharia." Article 19 also says: "There shall be no crime or punishment except as provided for in the Sharia."[15]

The CDHRI has been criticised for failing to guarantee

International Humanist and Ethical Union (IHEU), a non-governmental organization in special consultative status, the Association for World Education (AWE) and the Association of World Citizens (AWC), a number of concerns were raised that the CDHRI limits human rights, religious freedom, and freedom of expression. The statement concludes that "The Cairo Declaration of Human Rights in Islam is clearly an attempt to limit the rights enshrined in the UDHR and the International Covenants. It can in no sense be seen as complementary to the Universal Declaration."[16] In September 2008, in an article to the United Nations, the Center for Inquiry writes that the CDHRI "undermines equality of persons and freedom of expression and religion by imposing restrictions on nearly every human right based on Islamic Sharia law."[17]

Rhona Smith writes that, because of the CDHRI's reference to Shariah, it implies an inherent degree of superiority of men.[18]

Adama Dieng—a member of the International Commission of Jurists—has also criticised the CDHRI. He argued that the declaration gravely threatens the inter-cultural consensus on which the international human rights instruments are based; that it introduces intolerable discrimination against non-Muslims and women. He further argued that the CDHRI reveals a deliberately restrictive character in regard to certain fundamental rights and freedoms, to the point that certain essential provisions are below the legal standards in effect in a number of Muslim countries; it uses the cover of the "Islamic sharia (Law)" to justify the legitimacy of practices, such as corporal punishment, which attack the integrity and dignity of the human being.[6][19]

See also

References

  1. ^
    ISBN 90-411-1618-4
    .
  2. ^ a b c "University of Minnesota Human Rights Library". hrlibrary.umn.edu.
  3. ^ Organization of Islamic Cooperation. "Cairo Declaration of Human Rights in Islam, 2021" (PDF). Archived (PDF) from the original on 2021-07-13.
  4. ^ Organization of Islamic Cooperation (2020-11-28). "Resolution No. 63/47-POL: On Cairo Declaration of the OIC on Human Rights". Archived from the original on 2021-11-25.
  5. ^ National Review Online, Human Rights and Human Wrongs Archived 2016-08-16 at the Wayback Machine, David G. Littman, January 19, 2003, retrieved 30 May, 2012
  6. ^ a b "Universal Human Rights and 'Human Rights in Islam'". Midstream.
  7. ^ Anver M. Emon, Mark Ellis, Benjamin Glahn: Islamic Law and International Human Rights Law p. 113. Oxford University Press, 2012.
  8. ISBN 978-1-84844-512-3
    .
  9. ^
    ISBN 978-0-19-102182-4
    .
  10. ^ "University of Minnesota Human Rights Library". University of Minnesota. Retrieved 2016-04-04.
  11. ^ There shall be no crime or punishment except as provided for in the Schari’a.
  12. ^ Smith (2003), p. 195
  13. ^ Shah, Zia H. (2012-05-27). "Universal Declaration of Human Rights and not the Cairo Declaration!". The Muslim Times. Retrieved 2023-10-04.
  14. ^ Cairo Declaration on Human Rights in Islam, Aug. 5, 1990, U.N. GAOR Archived 2010-06-03 at the Wayback Machine, World Conf. on Hum. Rts., 4th Sess., Agenda Item 5, U.N. Doc. A/CONF.157/PC/62/Add.18 (1993)
  15. ^
    ISBN 0-691-11310-6
    .
  16. ^ "The Cairo Declaration and the Universality of Human Rights". Archived from the original on 2008-10-31.
  17. ^ "CFI Defends Freedom of Expression at the U.N. Human Rights Council". 17 September 2008.
  18. ISBN 1-84174-301-1
    , p. 195
  19. David Littman, Universal Human Rights and "Human Rights in Islam", dhimmitude.org, archived from the original
    on 2002-11-13, retrieved 2006-02-24 (Article published in the journal Midstream (New York) February/March 1999)

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