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 Salem Azzam
19th September 1981 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)
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 formsѕ 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.
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 Yalaѕ 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 Tabaraniѕ 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