A Comparison of the Universal Declaration of Human Rights with the Cairo Declaration on Human Rights in Islam

The United Nations General Assembly approved the Universal Declaration of Human Rights in December 1948 in thirty articles. The approval of this declaration was met with different reactions in the world, including many Islamic countries, who considered some of its provisions to be contrary to the basic principles of Islam and criticized these provisions.

Many Islamic scientists and scholars, considering the huge and strong support of human rights in the religion of Islam, suggested that a declaration based on the principles of Islam be prepared and approved by the member countries of the Islamic Conference, and finally, this declaration was approved at the meeting of the foreign ministers of the member countries of the Islamic Conference in 1990 in twenty-five articles. It seems that the Cairo Declaration on Human Rights in Islam (Cairo Declaration) is actually a religious response to the Universal Declaration of Human Rights.

In a general view, the Cairo Declaration was developed under conditions similar to the Universal Declaration of Human Rights and, like the Universal Declaration, emphasizes the inherent dignity of human beings and recognizes their fundamental rights. In addition, this declaration, like the Universal Declaration, emphasizes important issues such as the right to life, the right to freedom, the right to security, and other natural rights of human beings. Considering these cases, it seems that there is no significant difference between the criteria of these two declarations, and both of them seek to achieve human rights. It can be said that they are complementary in the realization of human rights, not substitutes for each other.

For a better understanding of this topic, first, it is necessary to define the concepts used in this study:

 

1. Human rights

Human rights are among the concepts that have been given several definitions. Human rights are called Droits L’homme in French and Huquq al-Insan in Arabic. Dr. Mohammad Ali Movahed has defined human rights as follows: Human rights means that a person’s life and property are free, and he or she can speak to others in the language of the pen (writing). Human rights means that no one can be sentenced to punishment without the presence of a jury composed of independent people. It means that the criminal conviction is done according to the legal regulations. It means that a person can become a believer in whatever religion he chooses with peace of mind (Movahed, 2002, 39).

 

2. Definition of human rights from the Perspective of Religion

Human rights are the fundamental rights that every human being has received from God regardless of color, race, language, nationality, geography, changing social circumstances, or the level of privileged and individual ability and competence, and any other temporary title on him (Bagherzadeh, 2010).

Therefore, the following results are obtained from the above definition:

1. Human rights are universal rights because these rights are the natural and indisputable rights of every member of the human family, and every human being, regardless of race, language, gender, or religion, enjoys these rights, and it is not necessary for a person to acquire these rights (because everyone already has it).
2. Human rights are a divine gift, and no human authority gives this right to others, and human rights are inherent in this sense.
3. Human rights are a part of the rights that every human being has because they are human, compared to many rights that are granted to humans based on divine wisdom, not because they are human, but for otherwise reasons (Ibid).

Of course, it must be accepted that this definition, like other definitions, can never express the different dimensions of human rights, but it can, to some extent, express the foundations and presuppositions that are determined for human rights in cultures and worldviews.

Now, after stating the definitions used in the study, the two discourses will be examined in this study.

 

The first discourse- an overview of the Universal Declaration of Human Rights and the Cairo Declaration on Human Rights in Islam

The first paragraph- Universal Declaration of Human Rights

1. Compilation of the Universal Declaration of Human Rights

With the passing of the great misfortunes and crimes of the First and Second World Wars and the serious dangers of human rights violations in the 20th century, the world community tried to compile a specific text that the whole world should follow. In this regard, the Human Rights Commission held its first meeting in July 1947 for the preparation of the International Bill of Human Rights and prepared its draft with full obsession. Fifty-eight member countries voted a total of 1400 times on each word and phrase until it was unanimously approved in the form of an introduction and 30 articles in December 1948. Accepting this declaration with such a majority and without any explicit opposition was a significant achievement and promised beautiful dreams about human rights. After the approval of this declaration, the Human Rights Commission tries to convert its general principles and rules into binding treaties, and the two international covenants of civil and political rights and the international covenant of economic, social, and cultural rights are removed from the declaration.

 

1. The content of the Universal Declaration of Human Rights

This declaration includes an introduction and thirty articles. The introduction of the declaration shows the underlying ideas that inspired the authors of the declaration in compiling the following articles: the unity of the human family, the dignity and worth of humans, the severe consequences of violating human rights, etc.

In Article 1 of the declaration, three general principles that are the basis of human rights have been proposed which are freedom, equality, and fraternity.

In Article 2 of the declaration, it also emphasizes the principle of non-discrimination, where it states:

Everyone can enjoy the rights and freedoms outlined in the Declaration without any distinction as to race, gender, language, religion, political opinion, or any other opinion, as well as nationality, social status, wealth, birth, or any other status to benefit from the freedoms mentioned in this declaration.

The rest of the provisions of the declaration can be divided into four categories:

 

The first category, personal rights and freedoms (Articles 3 to 11)

These rights are included in previous declarations and constitutions of most countries, such as the right to life (Article 3), which not only includes the protection of individuals against any violation of their life and physical integrity but also includes the protection of humans against dangers that threaten their bodies and lives. The right to freedom, which includes not only physical freedom and security against illegal arrests and deportations and the prohibition of slavery and buying and selling of human beings but also includes the legal freedom of human beings and the determination of the right to defend themselves in front of the courts, the right to go to the court against arbitrariness and abuses and violations of the law (Hawaji, 2010).

 

The second category (Articles 12 to 17)

These articles are related to the fundamental rights of the individual in relation to the family, the land, and the objects of the world. Men and women have the equal right to marry of their own free will, to form a family, to have a residence, and to enjoy a private life away from the disturbance of others. The family is a natural and fundamental element of the society and has the right to receive the support of the society. Every human being deserves to have citizenship, freely choose a place to live, leave his country, and become a refugee in another country. Man has the right to individually or collectively exercise his dominion over the objects of the world, and no one can be deprived of property without legal permission (Ibid).

 

The third category (Articles 18 to 21)

It includes public freedoms and fundamental political rights. In this category, the freedom of thought, opinion, religion, and expression, as well as the freedom to form communities, as well as the right of everyone to participate in the administration of public affairs of their country through participation in elections and the right to work in public jobs, have been declared.

 

The fourth category (Articles 22 to 27)

This category is related to economic, social, and cultural rights and has not been recorded in the declarations before the Universal Declaration. Article 22 states that everyone has the right to enjoy the economic, social, and cultural rights that are necessary for the dignity of his personality. Articles 23 to 27 refer to some human rights, such as the right to employment, the right to freely choose a job, freedom of association, the right to social security, the right to health protection, the rights of mothers and children, the right to recreation, the right to education and the right to support literary and artistic innovations (Hawaji, 2010).

Apart from these four categories, the authors of the Universal Declaration of Human Rights have mentioned principles in articles 28 to 30 that show the relationship between the individual and the society. These articles have declared the necessity of a social and international system in which individual rights and freedom can have their full effect. Also, in these final articles, the limits of individual rights and freedoms that humans cannot exceed have been specified.

With the recent explanations, we find out that the Universal Declaration does not only express individual rights and freedoms but also refers to the limitations of those rights and freedoms and the duties of the individual towards his fellows.

In general, the issuance of this declaration as a statement related to the plan of goals and principles was a big step forward. The aforementioned declaration was issued in the form of a resolution approved by the General Assembly. Therefore, at first glance, it has a legal recommendation aspect and cannot create a legal obligation; although a declaration does not have the binding power of a treaty, the Universal Declaration of Human Rights has been accepted by the majority of governments. This document is the basis of several international treaties (covenants) about human rights, has inspired many governments, and has influenced the setting of subsequent resolutions. Today, most of the cases contained in it have either been established as Western rules or sometimes become Jus Cogens (A group of authors, 2003, 25).

 

1. The features of the rights included in the Universal Declaration of Human Rights

These rights have two major and main features which are:

1. Human rights rules are mandatory rules. Article 53 of this convention, approved in 1969, defined Jus Cogens[1].
2. The rules of human rights are universal. The universality of legal rules means that every government has a legal interest in protecting human rights. Inevitably, all governments have a universal commitment to respect human rights in front of the international community, and this commitment among all governments to human rights is a guarantee for the global and effective protection of human rights (Hosseini Hanif, 2010).

 

1. The position of the legal principles included in the Universal Declaration of Human Rights in Islam

The main principles that the Universal Declaration of Human Rights and other international documents enumerate are:

1. Human dignity: The dignity mentioned in the Universal Declaration of Human Rights is material and worldly dignity because it compares the human being with the objects and the world around him and calls his superiority dignity and superiority honor. Islam does not compare a person with the objects around him or even with angels but attributes him to God and considers man as God’s successor on earth. Islam does not say that a person must be a Muslim, a Christian, a Jew, etc., to gain dignity. Religion and belief in God is an acquired value and dignity, like science and knowledge and all the blessings of the Holy Qur’an to mankind, which are due to being human (Hosseini Hanif, 2010).
2. Freedom: The Universal Declaration of Human Rights mentions this word a lot but does not define it.However, it seems that the Universal Declaration means freedom in his psychological and physical needs.Although this type of freedom is necessary for humans, it does not affect the spiritual perfection of man and his promotion above the common level of animals, and on the other hand, no limit has been set for this type of freedom.Islam considers freedom to be freed from slavery and obedience to other than God, not the right to choose in everything or exercise the will in every case.
3. Equality: The Universal Declaration of Human Rights insists on the inherent equality of human beings, and accordingly, they have equality in rights and duties. Islam affirms inherent equality and states in the Qur’an that we created humans from a man and a woman, which expresses equality in descent and essence. Islam has established differences between men and women in their rights and duties, which are based on the features of their creation. Also, Islam emphasizes the equality of humans for God and the law. In this regard, it has been narrated from the Prophet (PBUH) that he said: The nations before you perished, because if a powerful and great person committed a crime, he would not be prosecuted, and if an ordinary person committed a crime, he would be held criminally responsible (Ghazali, 2005, 41).

 

The second paragraph- Cairo Declaration on Human Rights in Islam

1. Compilation of the Cairo Declaration on Human Rights in Islam

The compiling of the Universal Declaration of Human Rights was faced with the opposite of Islamic governments and Islamic thinkers. In some cases, the declaration was completely contrary to Islamic rules, such as the right to freedom of religion and the right to change it. Muslims consider only Islam as the true religion and consider apostasy as a great sin and deserving of great punishment. However, after some time under the pressure of the international community and extensive global propaganda in favor of human rights and the acceptance of the said declaration at the world level, some thinkers of the Islamic world accepted the principles announced in the universal declaration and tried to adapt them to Islamic standards and tried to prove that these principles and rights exist in a more complete and better way in Islam, and later, following the example of the Universal Declaration of Human Rights, they decided to extract the principles and rules of human rights from Islamic texts and present them to the world community in the form of a codified text. In this regard, the Organization of the Islamic Conference (Cooperation) has published three declarations regarding human rights:

1. Drafting the Declaration of Human Rights and Fundamental Duties in Islam in 1979 in Mecca, Saudi Arabia.
2. Drafting a document related to human rights in Islam in 1988 in Taif, Saudi Arabia.
3. The Cairo Declaration on Human Rights in Islam, which was approved in Cairo in 1990 (Hosseini Hanif, 2010).

This declaration was approved in a meeting held from July 21 to August 5, 1990, corresponding to 9 to 14 Muharram 1411 AH in Cairo and through Resolution No. P19/49 at the 19th Meeting of Foreign Ministers of the member countries of the Organization of the Islamic Conference (A group of authors, 2001, 167).

It should be noted that the Organization of the Islamic Conference approves this document only as a declaration that expresses a common understanding of Islamic human rights and not as a binding convention or treaty.

1. The content of the Cairo Declaration on Human Rights in Islam

The above declaration includes an introduction and 25 articles. The introduction begins with this phrase:

The member governments of the Organization of the Islamic Conference, while emphasizing the cultural and historical role of the Islamic Community, which God chose as the best community, present 25 articles.

The content of this declaration, like the content of the Universal Declaration, considers political and social freedom and many other freedoms as human rights and holds the government and society responsible for providing the living environment to enjoy these rights. However, the content of the declaration prohibits freedom that conflicts with the rights and duties of society and the individual (Jafari, 1991).

In general, the content of this declaration, like the universal declaration, is merely a joint Cairo Declaration on Human Rights in Islam and not a binding convention or treaty. The content of this declaration was subject to omissions and some other changes when the Organization of the Islamic Conference reviewed it and brought it somewhat closer to the universal declaration, but the thing to ponder is that the content of the declaration has not yet gone beyond the mere declaration.

 

1. General features of the Cairo Declaration on Human Rights in Islam

The Cairo Declaration on Human Rights in Islam, like the Universal Declaration of Human Rights, relies on the inherent honor and dignity of human beings and has enumerated some essential rights that must be recognized and implemented. Some of the principles mentioned as fundamental rights and freedoms in the Universal Declaration of Human Rights are also included in this declaration. Some of the rights that are not included in the Universal Declaration of Human Rights have been noted and clarified in the Islamic Declaration, such as the prohibition of colonialism and the right to fight against it or the right to confront the violation of human life, as well as the right to live in a clean environment and away from moral corruption, and to have religious security in addition to the security of life, family, and honor, and also pointing to the need to preserve human dignity even after his life and honoring his body (A group of authors, 2001, 169).

 

1. Innovations of the Cairo Declaration on Human Rights in Islam

One of the most valuable features of the Cairo Declaration on Human Rights in Islam is to pay attention to points that were not considered in the Universal Declaration. This declaration, by supporting the rights that are undoubtedly among the inalienable human rights but neglected in the Universal Declaration, proved its position as a declaration with original themes in front of the world and showed the value and importance of human rights in the religion of Islam. By prohibiting the recognition of colonialism[2], the aforementioned declaration has given all human beings the right to fight against this issue and explicitly sanctions various types of colonialism as the worst type of slavery. The Cairo Declaration on Human Rights in Islam recognizes the right to freedom and self-determination for all nations that suffer from colonialism and obliges all governments and nations to help the victims of colonialism to remove this destructive phenomenon. The Cairo Declaration has also pointed out and accepted the right to live in a clean environment away from moral corruption and the necessity of human dignity after death (Ansari, 2009, 13).

Also, this declaration interprets the power of the government as a trust that is entrusted to the ruler or the ruling body, and trust requires that it should not be misused. Therefore, tyranny, dictatorship, and any kind of abuse of power are considered breaches of trust and are prohibited, and naturally, when the trustee leaves the circle of trust, he loses his legitimacy. As it says in paragraph A of Article 23 of the Cairo Declaration on Human Rights in Islam, a Walayah is a trust whose tyranny or abuse is strictly prohibited because basic human rights are guaranteed in this way (A group of authors, 2001, 177).

 

The second discourse- a comparison of the Universal Declaration of Human Rights with the Cairo Declaration on Human Rights in Islam

In terms of comparing the Universal Declaration of Human Rights with the rights included in the Cairo Declaration on Human Rights in Islam, it should be noted that without being influenced by emotions, these two declarations are similar in many ways, and even the Islamic Declaration based on religious texts, has also predicted the privileges and rights of others.

The general commonality of both Western and Islamic legal systems is in understanding and accepting the definite needs of humans. Both legal systems are unanimous in establishing and compiling articles to meet the needs of both types of life (natural life and desirable life). The common principles or rights between Islamic and Western legal systems are as follows:

1. The right to life: both legal systems consider the protection of life against any disturbing factors necessary and consider the government and society responsible for the serious execution of this fundamental principle or right. In this regard, the Cairo Declaration on Human Rights in Islam in Article 2 states: a- life is a divine gift and a right that is guaranteed for every human being, and all individuals, societies, and governments must protect this right and resist any aggression, and it is not permissible to kill anyone without Sharia permission. b- It is forbidden to use a device that leads to the destruction of the source of humanity in general or in part. c- Safeguarding the continuation of humanity’s life wherever God will is a religious duty. d- The dignity of the human body must be preserved, and it is not permissible to disrespect it; it is not permissible to touch it except with the Sharia permission, and it is up to the government to support this matter.
2. The right to dignity: both legal systems regard human dignity and honor as very important and consider humans as having this right. In this regard, the Cairo Declaration on Human Rights in Islam states in Article 4 that every human being has dignity and can protect his reputation in life or after death, and the government and society are obliged to protect his body and burial.
3. The right to education: both systems consider the right to education as one of the legal principles, and consider the government and society responsible for the execution of this right. Article 9 of the Cairo Declaration on Human Rights in Islam states: a- The seeking knowledge is a duty, and education is an obligatory matter for the society and the government, and it is necessary for the government to provide the ways and means for it and to make it diverse in such a way that it is in the interest of the society, and give man the opportunity to gain knowledge about the religion of Islam and the truths of existence and use it for the good of humanity. b- It is the right of every human being to have various educational and justification institutions, from family, school, and university to advertising agencies, etc., in the direction of religious and worldly human education so that they strive for a complete and balanced education for him and develop his character in such a way that his faith in God and his respect for his rights and duties and support for it are provided.
4. The right to freedom: both systems consider the right to freedom as one of the fundamental rights of human beings and hold the government and society responsible for preparing the living environment for enjoying this fundamental right. The difference is that in Islamic universal law, the enjoyment of freedom is conditional on not disturbing the performance of individual and social duties resulting from the rights of the people of the society. The Cairo Declaration on Human Rights in Islam has addressed this issue in Articles 20, 22, Paragraphs A and 13. Article 20: It is not permissible to arrest or limit the freedom or exile or punish any human being except as required by Sharia, and he should not be physically or mentally tortured or treated in a humiliating or harsh manner or against human dignity. It is also not permissible to force any person for medical or scientific experiments, except with his consent and provided that his health and life are not endangered. Also, it is not permissible to formulate exceptional laws that give such permission to the executive branch; Article 22 Paragraph states: a: Every human being has the right to freely express his opinion in any way that does not contradict the principles of Sharia, and in Article 13, it is stated: Job is a right that the government and society must guarantee for everyone who can do it, and every person has the freedom to choose the right job, in such a way that both his interest and the interest of the society are fulfilled.
5. The right to equality before rights and laws: both systems consider the right to equality before rights and laws necessary for all members of society and emphasize the correct execution of this right by the government and society. In this regard, Islamic human rights have declared in Article 1 Paragraph A: Humans, in general, are a family, which is brought together by servitude to God and child to human, and all people are equal in the principle of human honor and duty and responsibility without any discrimination in terms of race, color, language, gender, religious belief, political affiliation, social status, etc.

The aforementioned five principles and rights, in addition to being emphasized in the Islamic and Western legal systems, have also been specified in two declarations of universal and Islamic human rights. In addition to these common principles, other commonalities in the two declarations are as follows.

6. Prohibition of slavery: Slavery is explicitly prohibited in the Cairo Declaration on Human Rights in Islam. Article 11 Paragraph A states: Man is born free, and no one has the right to enslave him or humiliate him or take advantage of him, and there is no servitude except for God Almighty. This prohibition is specified in Article 4 of the Universal Declaration of Human Rights, which states: Nobody can be kept in slavery, and the trading of slaves in any form is prohibited. The interesting thing is that this issue is mentioned in more detail and explanation in the Cairo Declaration on Human Rights in Islam.
7. Identifying the right of literary property: another right is the right of literary property or the use of scientific, literary, artistic, and technological achievements. This right is recognized in the Cairo Declaration on Human Rights in Islam. Article 16 stipulates that every human being has the right to benefit from the results of his scientific, literary, artistic, or technological achievements, and he has the right to support literary and financial resources resulting from it and so on. The same right is also stated in Paragraph 2 of Article 27 of the Universal Declaration, which states: Everyone has the right to receive spiritual and material support for his scientific, cultural, or artistic works.

In the end, we understand in the Cairo Declaration on Human Rights in Islam that Islam clearly and decisively considers all aspects of human rights, including the right to life, the right to dignity, the right to education, the right to freedom, and the right to equality, which is among the fundamental rights of human beings with a global scope. So, as a result, it is not only in conflict with the Universal Declaration of Human Rights, but they are complementary and in line with each other.

 

Mohammad Amin Amin Roaya[3]

 

References[4]

1. Amin, H., (2002). Human Rights, Universality or Religious-Cultural Relationship, Journal of Political Science, No. 19. (In Persian)
2. Ansari, S., (2009). Cairo Declaration of the Islamic View of Human Rights, Appendix of Hamshahri Newspaper. (In Persian)
3. Bagherzadeh, M.R., (2010). Comparative Perspective Between the Universal Declaration and Islam Declaration, Tebyan website. (In Persian)
4. Bagherzadeh, M.R., (2013). Universality of Human Rights in Islam, Journal of Philosophical knowledge, No. 7. (In Persian)
5. Jafari, M.T., (1991). Research on Islamic and Universal Human Rights System, Tehran, International Legal Services Office, first edition. (In Persian)
6. Jafari Tabrizi, M.T., (2014). Universal Human Rights: Research and Adaptation of the Two Systems of Islam and the West, Tehran, Allameh Jafari Institute for editing and publishing works. (In Persian)
7. Hosseini Hanif, A., (2010). Universal Declaration of Human Rights and its position in the Teachings of Islam, Payam Aftab site. (In Persian)
8. Hawaji, A., (2010). Human Rights in Islam and the Universal Declaration of Human Rights, Student site. (In Persian)
9. Ghazali, M., (2005). Hoqoq al-Ensan Bein Taelim al-Islam va Elan al-Omam al-Motahedeh (Human Rights between the Teachings of Islam and the Declaration of the United Nations), Egypt, Nahdet Misr Publishing. (In Persian)
10. A group of authors, (2001). Human Rights from the Perspective of Islam (opinions of Islamic thinkers), Al-Hoda International Publishing. (In Persian)
11. A group of authors, (2003). Strengthening International Cooperation in the Field of Human Rights, Tehran, Gerayesh Publishing. (In Persian)
12. Makarem Shirazi, N., (1991). A Brief Look at the Issue of Equality in Islam, Journal of Faculty of Law and Political Science (University of Tehran), No. 27. (In Persian)
13. Movahed, M.A., (2002). In the Air of Right and Justice, Tehran, Karnameh Publishing. (In Persian)
14. Moska, G., & Butol, G., (1998). The History of Political Ideas and Schools from Ancient Times to Today, translated by Shahidzadeh, H., Tehran, Morvarid Publications. (In Persian)
15. Mirmousavi, A., & Haghighat, S., (2018). Basics of Human Rights from the Perspective of Islam and Other Schools, Tehran, Research Institute for Islamic Culture and Thought. (In Persian)
16. https://iran.un.org/fa/25935- Universal Declaration of Human Rights (In Persian)
17. http://ijtihadnet.ir/ Full text of the Cairo Declaration on Human Rights in Islam (In Persian)

[1] Article 53 of the Vienna Convention defines Jus Coges as follows: A- A binding rule in international law that the international community and governments have accepted. B- It is not possible to violate it. C- It will not change except with a new rule of international law that has the same features.

[2] Paragraph B, Article 11 of the Islamic Declaration of Human Rights states in this regard: Colonialism in its various forms is strictly sanctioned as it is the worst form of slavery, and the nations that suffer from it have the right to be freed from it and determine their own destiny.

[3] M.Sc. of jurisprudence and law

[4] It should be mentioned that the author has used some sources directly in the study, and some have simply been inspired and used the foundation of the content in the text.