NationMaster - Encyclopedia: Cairo Declaration on Human Rights in Islam

The Cairo Declaration of Human Rights in Islam (CDHRI) is a declaration of the member states of the Organization of the Islamic Conference, which provides an overview on the Islamic perspective on human rights, and affirms Islamic Shari'ah as its sole source. CDHRI declares its purpose to be "general guidance for Member States [of the OIC] in the Field of human rights". This declaration is usually seen as an Islamic counterpart of and a response to the Universal Declaration of Human Rights (UDHR). Image File history File links Wikisource-logo. ... The original Wikisource logo. ... The flag of the Organization of the Islamic Conference (OIC) OIC redirects here. ... Islam (Arabic: ; ( â–¶ (helpÂ· info)), the submission to God) is a monotheistic faith, one of the Abrahamic religions and the worlds second-largest religion. ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ... The Universal Declaration of Human Rights (abbreviated UDHR) is an advisory declaration adopted by the United Nations General Assembly (A/RES/217, 10 December 1948 at Palais de Chaillot, Paris). ...

History

Predominantly Muslim countries, like Sudan, Pakistan, Iran, and Saudi Arabia, frequently criticized the Universal Declaration of Human Rights for its perceived failure to take into account the cultural and religious context of non-Western countries. In 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights, by saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.^[1] Occident redirects here. ... Year 1981 (MCMLXXXI) was a common year starting on Thursday (link displays the 1981 Gregorian calendar). ... UN and U.N. redirect here. ... This article is about secularism. ... Jacob wrestling an angel, by Gustave DorÃ© (1832-1883), a shared Judeo-Christian story. ...

The declaration was adopted on August 5, 1990 by 45 foreign ministers of the Organization of the Islamic Conference to serve as a guidance for the member states in the matters of human rights. is the 217th day of the year (218th in leap years) in the Gregorian calendar. ... Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ...

The Declaration starts by forbidding "any discrimination on the basis of race, colour, language, belief, sex, religion, political affiliation, social status or other considerations". It continues on to proclaim the sanctity of life, and declares the "preservation of human life" as "a duty prescribed by the Shariah". In addition the CDHRI guarantees "non-belligerents such as old men, women and children", "wounded and the sick" and "prisoners of war", the right to be fed, sheltered and access to safety and medical treatment in times of war. For other uses, see Race (disambiguation). ... This article or section should be merged with ethnic group Ethnicity is the cultural characteristics that connect a particular group or groups of people to each other. ... This article needs additional references or sources for verification. ... Gender in common usage refers to the sexual distinction between male and female. ... A political party is a political organization that subscribes to a certain ideology and seeks to attain political power within a government. ... Social status is the honor or prestige attached to ones position in society (ones social position). ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...

The CDHRI gives men and women the "right to marriage" regardless of their race, colour or nationality, (but not religion). In addition women are given "equal human dignity", "own rights to enjoy", "duties to perform", "own civil entity", "financial independence", and the "right to retain her name and lineage", though not equal rights in general. The Declaration makes the husband responsible for the social and financial protection of the family. The Declaration gives both parents the rights over their children, and makes it incumbent upon both of them to protect the child, before and after birth. The Declaration also entitles every family the "right to privacy". It also forbids the demolition, confiscation and eviction of any family from their residence. Furthermore, should the family get separated in times of war, it is the responsibility of the State to "arrange visits or reunions of families ". For other uses, see Race (disambiguation). ... a family of Ouagadougou, Burkina Faso in 1997 Family is a Western term used to denote a domestic group of people, or a number of domestic groups linked through descent (demonstrated or stipulated) from a common ancestor, marriage or adoption. ... For other uses, see Demolition (disambiguation). ... Confiscation, from the Latin confiscato join to the fiscus, i. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... For other uses, see War (disambiguation). ... For other uses, see State (disambiguation). ...

The Declaration prohibits to force anybody "to change his religion to another religion or to atheism", but it gives the individual no freedom to change his religion or belief.

The Declaration protects each individual from arbitrary arrest, torture, maltreatment and/or indignity. Furthermore, no individual is to be used for medical or scientific experiments. It also prohibits the taking of hostages of any individual "for any purpose" whatsoever. Moreover, the CDHRI guarantees the presumption of innocence; guilt is only to be proven through a trial in "which he [the defendant] shall be given all the guarantees of defence". The Declaration also forbids the promulgation of "emergency laws that would provide executive authority for such actions". For other uses, see Arrest (disambiguation). ... For other uses, see Torture (disambiguation). ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ...

The Declaration also emphasizes the "full right to freedom and self-determination", and its opposition to enslavement, oppression, exploitation and colonialism. The CDHRI declares the rule of law, establishing equality and justice for all. 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. The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ...

The Declaration grants individuals the right to express their opinion freely. It encourages them to propagate that which is right and good. However, it forbids the misuse of this right in order to "violate sanctities and the dignity of Prophets", "undermine moral and ethical values or disintegrate", "arouse nationalistic or doctrinal hatred" or commit an "incitement to any form of racial discrimination".

The CDHRI concludes that all rights and freedoms mentioned are subject to the Islamic Shariah, which is the declaration's sole source. For people named Islam, see Islam (name). ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...

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. This article or section does not adequately cite its references or sources. ...

Criticism

The Cairo Declaration of Human Rights in Islam diverges from the Universal Declaration of Human Rights in key respects, most notably in that the former unambiguously recognizes only those human rights that are in accordance with Sharia.^[2] 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." The role of Islamic law as a sole source of legal opinion is confirmed by the Article 25, which asserts that "The Islamic Sharia is the only source of reference for the explanation or clarification of any of the articles of this Declaration". The CDHR underscores its basis in the way of life of the Muslim society — Ummah, which is described as the best community and as playing a "civilizing and historical role". Sharia (Arabic: transliteration: ) is the dynamic body of Islamic religious law. ... This article or section does not adequately cite its references or sources. ... Nations with a Muslim majority appear in green, while nations that are approximately 50% Muslim appear yellow. ...

Almost always where the CDHRI refers to human rights, it makes a qualification that those rights must be exercised in accordance with Sharia. Thus, Article 22 restricts freedom of speech to those expressions of it that are not in contravention of the Islamic law: "Everyone shall have the right to express his opinion freely in such manner as would not be contrary to the principles of the Sharia." Similarly, the right to hold public office is contingent upon such right being in accordance with Sharia.^[2] This article is about the general concept. ...

The CDHRI has been criticized for falling short of the international human rights standards by not upholding the fundamentality of freedom of religion.^[3] Article 5 prohibits to impose any restrictions on marriage stemming from "race, colour or nationality", notably excluding religion from the list, so that men and women may be prevented from marrying on the basis of their religion. However, in Sharia law this is due to the fact that it forbids men to attempt to forcefully (by any means) convert their non-muslim wives to Islam, while there is no such guarantee for muslim women should they choose to marry non-muslim men. The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ...

Similarly, CDHRI is criticized as not endorsing equality between men and women; moreover, it is accused of affirming the superiority of men.^[4] In the Article 6, women are guaranteed equal dignity, but not equality in other matters. The article also puts upon the husband the responsibility to maintain welfare of the family, while no similar obligation is placed upon the wife. Finally, it makes no mention of the widespread practice of having multiple wives in some Islamic countries. Feminism is a social theory and political movement primarily informed and motivated by the experience of women. ...

Adama Dieng, a member of the International Commission of Jurists, criticized 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 Shari'a (Law)" to justify the legitimacy of practices, such as corporal punishment, which attack the integrity and dignity of the human being.^[1] Adama Dieng (born May 22, 1950, Senegal) is a former board member of the International Institute for Democracy and Electoral Assistance and a former registrar of the International Criminal Tribunal for Rwanda. ... The International Commission of Jurists (ICJ) is an international human rights non-government organisation. ...

References

^ ^a ^b Littman, David. "Universal Human Rights and 'Human Rights in Islam'". Midstream, February/March 1999
^ ^a ^b Mathewson Denny, Frederick. "Muslim Ethical Trajectories in the Contemporary World" in Religious Ethics, William Schweiker, ed. Blackwell Publishers, 2004. ISBN 0-631-21634-0, p.272
^ Kazemi, Farouh. "Perspectives on Islam and Civil Society" in Islamic Political Ethics: Civil Society, Pluralism and Conflict, Sohail H. Hashmi, ed. Princeton University Press, 2002. ISBN 0-691-11310-6, p.50
^ Rhona, Smith. "Textbook on International Human Rights", Oxford University Press, 2003, ISBN 1-84174-301-1, p.195

Contents

History

Contents

Criticism

References

See also

External links