Topic:

Cairo Declaration on Human Rights in Islam 1990

Course Title & Code:

Islamic Human Rights

Law-4103

Course Teacher:

Muhammad Abdur Razzak

Submitted By :

Md. Sharab Hossain

LLB( Hon’s)

LLBRM34171021

Department of Law, BIU

Submitted To :

Muhammad Abdur Razzak

Lecturer
Department of Law, BIU
Date of Submission :
28-09-2020
Introduction
Human dignity is the recognition and respect of human need, desire and expectation one
individual by another. This recognition is indispensable because no human being survives alone:
Human dignity creates the foundation of society and civilization. Our knowledge of history
suggests that religious ideas have provided this basic foundation of civilization. Describing the
first recognized civilization in history one historian says, “Religion permeated Sumerian civic
life.” According to another historian, “Religion dominated, suffused, and inspired all features of
Near Eastern society—law, kingship, art, and science.” Based on these observations while
defining civilization Samuel Huntington asserts, “Religion is a central defining characteristic of
civilizations.”

In Islam, the Qur’an declares that: “We have bestowed dignity on the progeny of Adam.” The
verse then continues to remind the whole of mankind of God's special favor unto them with
physical and intellectual abilities, natural resources and with superiority over most other
creatures in the world. This dignity is bestowed through God's act of creating Adam and
breathing into him His Own Spirit. Since all human beings originated from Adam and his
spouse, every single human being possesses this dignity regardless of color, race, religion and
tribe. The whole of mankind, as khalīfah (vice-resenf) is responsible for establishing peace on
earth through divinely ordained values such as amānah (trust), ‘adālah (justice)
and shūra (consultation).

Creation of Cairo Declaration:

The Cairo Declaration of Human Rights in Islam (CDHRI) was drafted by the majority of
the member states of the Organization of the Islamic Conference (OIC) in The Nineteenth
Islamic Conference of Foreign Ministers (Session of Peace, Interdependence and Development),
held in Cairo, Arab Republic of Egypt, from 9-14 Muharram 1411H (31 July to 5 August 1990).
It was, in part, a response to previous international rights declarations and accords that were
seen by these OIC states as being too secular in tone and content, particularly the landmark
Universal Declaration of Human Rights (UDHR). The CDHRI was also an attempt to
acknowledge and codify the importance of human rights as they relate to fundamental
principles of Islam.
The CDHRI is based on the foundation of Shari’ah Law, that is, divine commandments that are
revealed in holy scripture, especially in the Qur’an. Because of its divine nature, Shari’ah Law
takes precedence over any civil laws and the latter can have legitimate authority only to the
extent that they do not contradict it. Shari’ah Law provides a guide for human conduct, and the
CDHRI is intended to spell out rights and freedoms as an integral part of Islam.

Main objects of CDHRI

In this declaration have total 25 articles which protect many of the universal human rights: it
forbids discrimination; supports the preservation of human life, supports the protection of one’s
honor, family, and property; and affirms the human right to education, medical and social care,
and a clean environment.

From an international human rights perspective, the controversial nature of the Cairo Declaration
lies in its claim of adherence to Shari’ah. Its preamble affirms that“fundamental rights and
universal freedoms are an integral part of [Islam]” and these rights and freedoms are “binding
divine commandments” revealed to the Prophet Muhammad in the Quran. The central role of
Shari’ah can be clearly seen in the Declaration’s articles. Article 22 states that “Everyone shall
have the right to express his opinion freely in such manner as would not be contrary to principles
of Shari’ah.” Article 12, affirms that “every man shall have the right, within the framework of
Shari’ah, to free movement” (nothing is said  about every woman). Articles 24 and 25 further
makes Shari’ah supreme by asserting that Shari’ah is the Declaration’s “only source of
reference.”

Such shorthand and cursory use of Shari’ah gives rise to four important shortcomings. The first
is that it renders the document too restrictive. Shari’ah represents an extensive moral and legal
code, and limiting rights such as free speech to a Shari’ah compatible framework of values
would essentially render free-speech meaningless. Furthermore, the document is
rendered ambiguous., as it does not specify what constitutes Shari’ah. Given the diversity of
opinions on the subject across time and between and within madhabs (schools of Islamic law), it
is impossible to know what rights are protected.

Interestingly, the declaration empowers states, not individuals. In the modern world, Shari’ah has
increasingly become integrated in states’ domestic legal systems. In the absence of any
international authority to decide on Shari’ah, the Cairo Declaration effectively diminishes the
universality of human rights by  relegating them to the discretion of governments.

Finally, the declaration conflicts with international human rights. The document provides only a
subordinated status to religious minorities and also prohibits conversion from Islam. It also
presents glaring evidence of discrimination against women, as it provides the right to freedom of
movement or marriage only to men.

These shortcomings render the Declaration useless at best and at worst harmful for human rights.
Not surprisingly, the only people who take the document seriously are critics of Islam who
invoke it to argue the religion’s incompatibility with human rights. Muslim advocacy groups,
scholars on Islam and human rights, and even the OIC Secretary General İhsanoğlu have either
ignored the declaration or have avoided defending it publicly.

As part of OIC’s new reform agenda, the  Human Rights Commission presents a unique
opportunity for genuine revision of the Cairo Declaration. Such revision will not only signal the
OIC’s commitment to human rights, but could also increase theits legitimacy and prestige among
Muslims and in the international community, adding much-needed credibility to the new
Commission. For the revision process is off to a good start as it has already mobilized the
relatively strong NGO community in the Muslim world. Under the leadership of
MAZLUMDER, A Turkish-Islamic human rights NGO, more than 230 such organizations from
24 OIC members appealed to the OIC to “ensure space for civil society participation in the
Commission and follow a process that is consultative and inclusive of civil society at all levels.”

Efforts at revision should aim to usher in a period of genuine dialogue about how Islam can
enhance modern international human rights and not necessarily conflict with it. The Islamic legal
and intellectual heritage provides a much stronger basis from which to engage with the liberal-
secular precepts of modern international human rights.  Drawing on that tradition and discarding
the Cairo Declaration could deliver an Islamic Declaration on Human Rights that Muslims
deserve, where its “Islamic” character can be invoked to protect more rights than those provided
by similar human rights instruments, not fewer.

THE END