Transkrip naskah asli:

http://www.arabhumanrights.org/dalil/45.htm

Versi PDF:

http://www.nchr.org.eg/docs/doc35.pdf

(Nubuwwah --> Bunuwwah)



Naskah Berbahasa Inggris:



The Cairo Declaration on Human Rights in Islam



Adopted and Issued at the Nineteenth Islamic Conference

of Foreign Ministers in Cairo

on 5 August 1990.



The Member States of the Organization of the Islamic Conference,



Reaffirming the civilizing and historical role of the Islamic Ummah

which God made the best nation that has given mankind a universal and

well-balanced civilization in which harmony is established between

this life and the hereafter and knowledge is combined with faith; and

the role that this Ummah should play to guide a humanity confused by

competing trends and ideologies and to provide solutions to the

chronic problems of this materialistic civilization.



Wishing to contribute to the efforts of mankind to assert human

rights, to protect man from exploitation and persecution, and to

affirm his freedom and right to a dignified life in accordance with

the Islamic Shari'ah



Convinced that mankind which has reached an advanced stage in

materialistic science is still, and shall remain, in dire need of

faith to support its civilization and of a self-motivating force to

guard its rights;



Believing that fundamental rights and universal freedoms in Islam are

an integral part of the Islamic religion and that no one as a matter

of principle has the right to suspend them in whole or in part or

violate or ignore them in as much as they are binding divine

commandments, which are contained in the Revealed Books of God and

were sent through the last of His Prophets to complete the preceding

divine messages thereby making their observance an act of worship and

their neglect or violation an abominable sin, and accordingly every

person is individually responsible — and the Ummah collectively

responsible — for their safeguard.



Proceeding from the above-mentioned principles,



Declare the following:



Article 1

(a) All human beings form one family whose members are united by

submission to God and descent from Adam. All men are equal in terms

of basic human dignity and basic obligations and responsibilities,

without any discrimination on the grounds of race, colour, language,

sex, religious belief, political affiliation, social status or other

considerations. True faith is the guarantee for enhancing such

dignity along the path to human perfection.

(b) All human beings are God's subjects, and the most loved by him

are those who are most useful to the rest of His subjects, and no one

has superiority over another except on the basis of piety and good deeds.



Article 2

(a) Life is a God-given gift and the right to life is guaranteed

to every human being. It is the duty of individuals, societies and

states to protect this right from any violation, and it is prohibited

to take away life except for a Shari'ah-prescribed reason.

(b) It is forbidden to resort to such means as may result in the

genocidal annihilation of mankind.

(c) The preservation of human life throughout the term of time

willed by God is a duty prescribed by Shari'ah.

(d) Safety from bodily harm is a guaranteed right. It is the duty

of the state to safeguard it, and it is prohibited to breach it

without a Shari'ah-prescribed reason.



Article 3

(a) In the event of the use of force and in case of armed

conflict, it is not permissible to kill non-belligerents such as old

men, women and children. The wounded and the sick shall have the

right to medical treatment; and prisoners of war shall have the right

to be fed, sheltered and clothed. It is prohibited to mutilate dead

bodies. It is a duty to exchange prisoners of war and to arrange

visits or reunions of the families separated by the circumstances of war.

(b) It is prohibited to fell trees, to damage crops or livestock,

and to destroy the enemy's civilian buildings and installations by

shelling, blasting or any other means.



Article 4

Every human being is entitled to inviolability and the protection of

his good name and honour during his life and after his death. The

state and society shall protect his remains and burial place.



Article 5

(a) The family is the foundation of society, and marriage is the

basis of its formation. Men and women have the right to marriage, and

no restrictions stemming from race, colour or nationality shall

prevent them from enjoying this right.

(b) Society and the State shall remove all obstacles to marriage

and shall facilitate marital procedure. They shall ensure family

protection and welfare.



Article 6

(a) Woman is equal to man in human dignity, and has rights to

enjoy as well as duties to perform; she has her own civil entity and

financial independence, and the right to retain her name and lineage.

(b) The husband is responsible for the support and welfare of the

family.



Article 7

(a) As of the moment of birth, every child has rights due from the

parents, society and the state to be accorded proper nursing,

education and material, hygienic and moral care. Both the fetus and

the mother must be protected and accorded special care.

(b) Parents and those in such like capacity have the right to

choose the type of education they desire for their children, provided

they take into consideration the interest and future of the children

in accordance with ethical values and the principles of the Shari'ah.

(c) Both parents are entitled to certain rights from their

children, and relatives are entitled to rights from their kin, in

accordance with the tenets of the Shari'ah.



Article 8

Every human being has the right to enjoy his legal capacity in terms

of both obligation and commitment. Should this capacity be lost or

impaired, he shall be represented by his guardian.



Article 9

(a) The quest for knowledge is an obligation, and the provision of

education is a duty for society and the State. The State shall ensure

the availability of ways and means to acquire education and shall

guarantee educational diversity in the interest of society so as to

enable man to be acquainted with the religion of Islam and the facts

of the Universe for the benefit of mankind.

(b) Every human being has the right to receive both religious and

worldly education from the various institutions of education and

guidance, including the family, the school, the university, the media,

etc., and in such an integrated and balanced manner as to develop his

personality, strengthen his faith in God and promote his respect for

and defence of both rights and obligations.



Article 10

Islam is the religion of unspoiled nature. It is prohibited to

exercise any form of compulsion on man or to exploit his poverty or

ignorance in order to convert him to another religion or to atheism.



Article 11

(a) Human beings are born free, and no one has the right to

enslave, humiliate, oppress or exploit them, and there can be no

subjugation but to God the Most-High.

(b) Colonialism of all types being one of the most evil forms of

enslavement is totally prohibited. Peoples suffering from colonialism

have the full right to freedom and self-determination. It is the duty

of all States and peoples to support the struggle of colonized

peoples for the liquidation of all forms of colonialism and

occupation, and all States and peoples have the right to preserve

their independent identity and exercise control over their wealth and

natural resources.



Article 12

Every man shall have the right, within the framework of Shari'ah, to

free movement and to select his place of residence whether inside or

outside his country and, if persecuted, is entitled to seek asylum in

another country. The country of refuge shall ensure his protection

until he reaches safety, unless asylum is motivated by an act which

Shari'ah regards as a crime.





Article 13

Work is a right guaranteed by the State and Society for each person

able to work. Everyone shall be free to choose the work that suits

him best and which serves his interests and those of society. The

employee shall have the right to safety and security as well as to all

other social guarantees. He may neither be assigned work beyond his

capacity nor be subjected to compulsion or exploited or harmed in any

way. He shall be entitled — without any discrimination between males

and females — to fair wages for his work without delay, as well as to

the holidays, allowances and promotions which he deserves. For his

part, he shall be required to be dedicated and meticulous in his work.

Should workers and employers disagree on any matter, the State shall

intervene to settle the dispute and have the grievances redressed, the

rights confirmed and justice enforced without bias.



Article 14

Everyone shall have the right to legitimate gains without

monopolization, deceit or harm to oneself or to others. Usury (riba)

is absolutely prohibited.



Article 15

(a) Everyone shall have the right to own property acquired in a

legitimate way, and shall be entitled to the rights of ownership,

without prejudice to oneself, others or to society in general.

Expropriation is not permissible except for the requirements of

public interest and upon payment of immediate and fair compensation

(b) Confiscation and seizure of property is prohibited except for

a necessity dictated by law.



Article 16

Everyone shall have the right to enjoy the fruits of his scientific,

literary, artistic or technical production and the right to protect

the moral and material interests stemming therefrom, provided that

such production is not contrary to the principles of Shari'ah.



Article 17

(a) Everyone shall have the right to live in a clean environment,

away from vice and moral corruption, an environment that would foster

his self-development; and it is incumbent upon the State and society

in general to afford that right.

(b) Everyone shall have the right to medical and social care, and

to all public amenities provided by society and the State within the

limits of their available resources.

(c) The State shall ensure the right of the individual to a decent

living which will enable him to meet all his requirements and those of

his dependents, including food, clothing, housing, education, medical

care and all other basic needs.



Article 18

(a) Everyone shall have the right to live in security for himself,

his religion, his dependents, his honour and his property.

(b) 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.

(c) A private residence is inviolable in all cases. It will

not be entered without permission from its inhabitants or in

any unlawful manner, nor shall it be demolished or confiscated and

its dwellers evicted.



Article 19

(a) All individuals are equal before the law, without distinction

between the ruler and the ruled.

(b) The right to resort to justice is guaranteed to everyone.

(c) Liability is in essence personal.

(d) There shall be no crime or punishment except as provided for

in the Shari'ah.

(e) A defendant is innocent until his guilt is proven in a fair

trial in which he shall be given all the guarantees of defence.



Article 20

It is not permitted without legitimate reason to arrest an individual,

or restrict his freedom, to exile or to punish him. It is not

permitted to subject him to physical or psychological torture or to

any form of humiliation, cruelty or indignity. Nor is it permitted to

subject an individual to medical or scientific experimentation without

his consent or at the risk of his health or of his life. Nor is it

permitted to promulgate emergency laws that would provide executive

authority for such actions.



Article 21

Taking hostages under any form or for any purpose is expressly forbidden.



Article 22

(a) Everyone shall have the right to express his opinion freely in

such manner as would not be contrary to the principles of the Shari'ah.

(b) 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 Shari'ah.

(c) 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.

(d) 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.



Article 23

(a) Authority is a trust; and abuse or malicious exploitation

thereof is absolutely prohibited, so that fundamental human rights may

be guaranteed.

(b) Everyone shall have the right to participate, directly or

indirectly in the administration of his country's public affairs. He

shall also have the right to assume public office in accordance with

the provisions of Shari'ah.



Article 24

All the rights and freedoms stipulated in this Declaration are subject

to the Islamic Shari'ah.



Article 25

The Islamic Shari'ah is the only source of reference for the

explanation or clarification to any of the articles of this Declaration.



Cairo, 14 Muharram 1411H

5 August 1990



(source: http://www.religlaw.org/interdocs/docs/cairohrislam1990.htm)








      
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