Assalamualaikum ww para sanak sapalanta,
Dalam wacana di Rantaunet ambo paratikan ado babarapo kali dibahas tentang
hubungan Islam jo HAM. Ado kesan bahaso HAM itu buatan urang kapia, nan indak
cocok jo Islam.
Mungkin dek karano dugaan tu, mako negara-negara nan Rakyatnyo banyak baagamo
Islam, mambuek Deklarasi surang, nan dinamokan 'The Cairo Declaration on Human
Rights in Islam'. Esensinyo samo jo UN Declaration of Human Rights 1949, tapi
ditulih dalam semangat Islami.
Ambo cantumkan di bawah ko. Mudah-mudahan bermanfaat sebagai rujukan.
Wassalam,
Saafroedin Bahar Soetan Madjolelo
(Laki-laki, Tanjung, masuk 74 th, Jakarta)
Taqdir di tangan Allah, nasib di tangan kita.
Cairo Declaration on Human Rights in Islam,
Aug. 5, 1990, U.N. GAOR,
World Conf. on Hum. Rts., 4th Sess., Agenda Item 5, U.N. Doc.
A/CONF.157/PC/62/Add.18 (1993) [English translation].
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),
Keenly aware of the place of mankind in Islam as vicegerent of Allah on Earth;
Recognizing the importance of issuing a Document on Human Rights in Islam that
will serve as a guide for Member states in all aspects of life;
Having examined the stages through which the preparation of this draft Document
has so far, passed and the relevant report of the Secretary General;
Having examined the Report of the Meeting of the Committee of Legal Experts
held in Tehran from 26 to 28 December, 1989;
Agrees to issue the Cairo Declaration on Human Rights in Islam that will serve
as a general guidance for Member States in the Field of human rights.
Reaffirming the civilizing and historical role of the Islamic Ummah which Allah
made as the best community and which gave humanity a universal and
well-balanced civilization, in which harmony is established between hereunder
and the hereafter, knowledge is combined with faith, and to fulfill the
expectations from this community to guide all humanity which is confused
because of different and conflicting beliefs and ideologies and to provide
solutions for all chronic problems of this materialistic civilization.
In contribution 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 as well as a self motivating force to guard its rights;
Believing that fundamental rights and freedoms according to Islam are an
integral part of the Islamic religion and that no one shall have the right as a
matter of principle to abolish them either in whole or in part or to violate or
ignore them in as much as they are binding divine commands, which are contained
in the Revealed Books of Allah and which were sent through the last of His
Prophets to complete the preceding divine messages and that safeguarding those
fundamental rights and freedoms is an act of worship whereas the neglect or
violation thereof is an abominable sin, and that the safeguarding of those
fundamental rights and freedom is an individual responsibility of every person
and a collective responsibility of the entire Ummah;
Do hereby and on the basis of the above-mentioned principles declare as follows:
ARTICLE 1:
(a) All human beings form one family whose members are united by their
subordination to Allah and descent from Adam. All men are equal in terms of
basic human dignity and basic obligations and responsibilities, without any
discrimination on the basis of race, colour, language, belief, sex, religion,
political affiliation, social status or other considerations. The true religion
is the guarantee for enhancing such dignity along the path to human integrity.
(b) All human beings are Allah's subjects, and the most loved by Him are those
who are most beneficial to 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 safeguard this
right against any violation, and it is prohibited to take away life except for
a shari'ah prescribed reason.
(b) It is forbidden to resort to any means which could result in the genocidal
annihilation of mankind.
(c) The preservation of human life throughout the term of time willed by Allah
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 or dismember dead bodies. It is required to exchange prisoners of
war and to arrange visits or reunions of families separated by circumstances of
war.
(b) It is prohibited to cut down trees, to destroy crops or livestock, to
destroy the enemy's civilian buildings and installations by shelling, blasting
or any other means.
ARTICLE 4:
Every human being is entitled to human sanctity and the protection of one's
good name and honour during one's life and after one's death. The state and the
society shall protect one's body and burial place from desecration.
ARTICLE 5:
(a) The family is the foundation of society, and marriage is the basis of
making a family. Men and women have the right to marriage, and no restrictions
stemming from race, colour or nationality shall prevent them from exercising
this right.
(b) The society and the State shall remove all obstacles to marriage and
facilitate it, and shall protect the family and safeguard its welfare.
ARTICLE 6:
(a) Woman is equal to man in human dignity, and has her own rights to enjoy as
well as duties to perform, and has her own civil entity and financial
independence, and the right to retain her name and lineage.
(b) The husband is responsible for the maintenance and welfare of the family.
ARTICLE 7:
(a) As of the moment of birth, every child has rights due from the parents, the
society and the state to be accorded proper nursing, education and material,
hygienic and moral care. Both the fetus and the mother must be safeguarded 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.
ARTCLE 8:
Every human being has the right to enjoy a legitimate eligibility with all its
prerogatives and obligations in case such eligibility is lost or impaired, the
person shall have the right to be represented by his/her guardian.
ARTICLE 9:
(a) The seeking of knowledge is an obligation and provision of education is the
duty of the society and the State. The State shall ensure the availability of
ways and means to acquire education and shall guarantee its diversity in the
interest of the society so as to enable man to be acquainted with the religion
of Islam and uncover the secrets of the Universe for the benefit of mankind.
(b) Every human being has a right to receive both religious and worldly
education from the various institutions of teaching, education and guidance,
including the family, the school, the university, the media, etc., and in such
an integrated and balanced manner that would develop human personality,
strengthen man's faith in Allah and promote man's respect to and defence of
both rights and obligations.
ARTICLE 10:
Islam is the religion of true unspoiled nature. It is prohibited to exercise
any form of pressure on man or to exploit his poverty or ignorance in order to
force him to change his religion 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 Allah the
Almighty.
(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 peoples to support
the struggle of colonized peoples for the liquidation of all forms of and
occupation, and all States and peoples have the right to preserve their
independent identity and econtrol over their wealth and natural resources.
ARTICLE 12:
Every man shall have the right, within the framework of the Shari'ah, to free
movement and to select his place of residence whether within or outside his
country and if persecuted, is entitled to seek asylum in another country. The
country of refuge shall be obliged to provide protection to the asylum-seeker
until his safety has been attained, unless asylum is motivated by committing an
act regarded by the Shari'ah as a crime.
ARTICLE 13:
Work is a right guaranteed by the State and the Society for each person with
capability to work. Everyone shall be free to choose the work that suits him
best and which serves his interests as well as those of the society. The
employee shall have the right to enjoy safety and security as well as all other
social guarantees. He may not be assigned work beyond his capacity nor shall he
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. On 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 earn a legitimate living without
monopolization, deceit or causing harm to oneself or to others. Usury (riba) is
explicitly 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 the society in general. Expropriation is not permissible except for
requirements of public interest and upon payment of prompt 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 labour of which he is the author; and he shall have the
right to the protection of his moral and material interests stemming therefrom,
provided it is not contrary to the principles of the Shari'ah.
ARTICLE 17:
(a) Everyone shall have the right to live in a clean environment, away from
vice and moral corruption, that would favour a healthy ethical development of
his person 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 States shall ensure the right of the individual to a decent living that
may enable him to meet 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 fast 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 maltreatment,
cruelty or indignity. Nor is it permitted to subject an individual to medical
or scientific experiments without hisconsent 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.
1.. 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 excite nationalistic or doctrinal hatred or to do
anything that may be an incitement to any form or racial discrimination.
ARTICLE 23:
(a) Authority is a trust; and abuse or malicious exploitation thereof is
explicitly prohibited, in order to guarantee fundamental human rights.
(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 of any of the articles of this Declaration.
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