Universal Declaration of Human Rights

From WikiIslam, the online resource on Islam
Jump to: navigation, search
WikiIslam Archive,
Archives of the first iteration of WikiIslam, prior to acquisition and revamp by Ex-Muslims of North America

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on December 10, 1948 at Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War involving the Nazis and represents the first global expression of rights to which all human beings are inherently entitled.

Conversely, the Cairo Declaration on Human Rights in Islam (CDHRI) was created in 1990 by the OIC (Organisation of the Islamic Conference) who represent all 57 Muslim majority nations, using Islamic scripture as its sole source.[1]

Texts

Declaration

Following its adoption the Assembly called upon all Member countries to "cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.


ARTICLE 1:

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.


ARTICLE 2:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.


ARTICLE 3:

Everyone has the right to life, liberty and security of person.


ARTICLE 4:

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.


ARTICLE 5:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.


ARTICLE 6:

Everyone has the right to recognition everywhere as a person before the law.


ARTICLE 7:

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.


ARTICLE 8:

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.


ARTICLE 9:

No one shall be subjected to arbitrary arrest, detention or exile.


ARTICLE 10:

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.


ARTICLE 11:

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.


ARTICLE 12:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.


ARTICLE 13:

(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.


ARTICLE 14:

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.


ARTICLE 15:

(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.


ARTICLE 16:

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.


ARTICLE 17:

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.


ARTICLE 18:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.


ARTICLE 19:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.


ARTICLE 20:

(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.


ARTICLE 21:

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.


ARTICLE 22:

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.


ARTICLE 23:

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.


ARTICLE 24:

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.


ARTICLE 25:

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.


ARTICLE 26:

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.


ARTICLE 27:

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.


ARTICLE 28:

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.


ARTICLE 29:

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.


ARTICLE 30:

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.[2]

Fatwa Against Declaration

Praise be to Allaah.

The Muslim should not be deceived by the so called western and European “human rights” organizations, because although they outwardly appear to support the oppressed and to take a stance against torture and undermining of human dignity in prisons and detention centres – which in general terms are good ideas – they also play other roles, and support other principles which are aimed at destroying the family, and opening the door to slander against Islam and the Prophet (peace and blessings of Allaah be upon him), and all his fellow-Prophets. They are opposed to the rule of sharee’ah which enjoins hadd punishments such as stoning for the adulterer, execution for the apostate and cutting off the hand for the thief, becoming part of legislation and being implemented, which is in fact very rare. These organizations are also opposed to the shar’i rulings that have to do with women, such as the necessity of her wali’s consent for marriage, the command to observe hijab, and the prohibition on her mixing, in addition to other principles where they claim that they want to liberate man from religious obligations and to make man free in the way he conducts his affairs, not restricted by good morals or sublime shar’i rulings.

To sum up what these organizations promote: it is that man should be able to do whatever he wants, no matter how perverse. They support lesbians, homosexuals and bisexuals, and religious deviance. They regard it as a human right to disbelieve in whatever religions one wants and to express one’s opinion – even about the Prophets – without any fear or shame, and they also support the liberation of woman from the control of her father, husband or religion.

Secondly:

There follow some of the articles of the Universal Declaration on Human Rights, which was approved by the United Nations on 10/12/1948 CE, which we are quoting from their website:

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

These so called rights and freedoms which they call for all people to enjoy regardless of religion make the monotheist and the polytheist equally entitled to these rights and freedoms, so the slave of Allaah and the slave of the Shaytaan are placed on the same level, and every worshipper of rocks, idols or people is given the complete right and freedom to enjoy his kufr and heresy. This is contrary to the laws of Allaah in this world and the Hereafter.

Allaah says (interpretation of the meaning):

“Shall We then treat the Muslims (believers of Islamic Monotheism, doers of righteous deeds) like the Mujrimoon (criminals, polytheists and disbelievers)?

36. What is the matter with you? How judge you?”

[al-Qalam 68:35, 36]

“Shall We treat those who believe (in the Oneness of Allaah Islamic Monotheism) and do righteous good deeds as Mufsidoon (those who associate partners in worship with Allaah and commit crimes) on earth? Or shall We treat the Muttaqoon (the pious) as the Fujjaar (criminals, disbelievers, the wicked)?”

[Saad 38:28]

“Is then he who is a believer like him who is a Faasiq (disbeliever and disobedient to Allaah)? Not equal are they”

[al-Sajdah 32:18].

It is a call to abolish the ruling on apostasy, and to openly flaunt the principles of kufr and heresy. It is a call to open the door to everyone who wants to criticize Islam or the Prophet of Islam Muhammad (peace and blessings of Allaah be upon him) and to have the freedom to criticize and express oneself with no restrictions.

These are corrupt principles. Even if they suit their lives, values and religion, they do not suit us and they are contrary to our pure sharee’ah, which brought rulings that are suited to individuals and societies, and establish noble morals, and protect minds, honour, physical well being and wealth, and show people the religion which Allaah loves and is pleased with.

Article 3.

Everyone has the right to life, liberty and security of person.

It is from this Article that the calls of these organizations come to protect criminals against execution, and started to give bad publicity to the nations which carry out the hadd punishments of Allaah by stoning married adulterers and executing bandits and those who spread mischief in the land. Now these organizations proudly claim that they have convinced many nations to abolish the death penalty for killers, rapists and criminals. This is contrary to sound human nature, reason and sharee’ah, and it is a message that gives peace of mind to those criminals that their lives will never be lost because of their deeds, which is a way of spreading mischief on earth.

They claim that the individual has the right to life and liberty, even if it is a bestial life, and even if that freedom leads to corruption, sicknesses and loss of security for the family and society.

Article 16.

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

This article annuls the role of the woman’s guardian (wali) which is to protect the woman’s rights in marriage, and to help his daughter or sister to make a good choice, and to ask about the religious commitment and character of the suitor. It is by His wisdom that Allaah has prescribed this. If marriage was left up to the woman without her guardian’s consent, you would see most girls marrying those who enchant them of the wolves of men, who are eager to rob them of their chastity then throw them aside.

They also give the wife the same rights of divorce as the husband has. This is something that causes women to turn against their husbands and leads to the break up of their families. The one who knows the nature of men and women will not be able to agree to such nonsense. Western families are not so intact that we can say: Look at how they were destroyed. The call for homosexual rights and the rights of women to form any relationship she wants and women’s rights in marriage and divorce – what families can be built on such shaky foundations?

It is worth noting that these organizations are used for political purposes to put pressure on the Muslim states that care about virtue, modesty and morals, or that apply all or some of the rulings of sharee’ah. Some Muslim nations have abolished the death penalty, and they have introduced strict laws about marriage at an early age for both genders, but they pay attention to woman’s rights to khula’ and maintenance, etc, which causes widespread mischief and evil in many areas of life.

See Also

  • Library - WikiIslam's online "library of books"
  • Human Rights - A hub page that leads to other articles related to Human Rights

External Links

References

  1. Articles 24 and 25 of the Cairo Declaration on Human Rights in Islam (the Islamic definition of "Shari'ah" being the Qur'an and Prophet Muhammad's Sunnah, which is found in the Hadith and Sira).
  2. The Universal Declaration of Human Rights - UN.org, accessed January 8, 2013