Islam and Human Rights

The awareness of the Arab States about the need to adapt their legal systems, in accordance with international human rights law, happened at the end of the 1970s.

Since that date, the Arab-Muslim area has produced various declarations on human rights (Aldeeb Abu-sahlieh, 1997: 473), among which:

• The Organization's Declarations on Human Rights in the Islamic Conference of 1979, 1981 and 1990 (the latter known as the " Cairo Declaration on Human Rights in Islam ", Resolution No. 49/19-P).
• The Arab Charter on Human Rights, adopted on 09-15-1994, at the Council of the League of Arab States, Resolution No. 5437.

        

The " Universal Islamic Declaration on Human Rights" of September 19, 1981, has been prepared by the Council of the Organization of the Islamic Conference and compiled by Islamic jurists and by representatives of the various schools of Islamic thought, under the guidance of the UNESCO.

This bill of rights affirms in the preamble its foundation in the Koran and the Sunna , that is, in the two main roots or sources of Islamic rights. In the same way, the Charter confirms the theological foundation of rights, in maintaining that human rights are the emanation of the divine source, that is, of "God" in his quality of supreme legislator.

In the same way, human rights are integrated into the complex framework of the Islamic legal system, proclaiming the traditional liberal freedoms, such as the right to life, liberty, equality, the prohibition against discrimination, the right to justice. , already a fair process. Likewise, the Islamic Charter recognizes social and economic rights and affirms some collective rights such as the right to religious minorities, expressly individualizing religious pluralism.

The " Cairo Declaration on Human Rights in Islam ", drawn up within the Organization of the Islamic Conference, was adopted in 1990 at the XIX Conference of Foreign Ministers. However, it has not yet been approved by the Conference of Kings and Heads of State and Government, which represents the main political entity of the OCI.

Regarding the content of this declaration, the theological-legal discourse initiated in the 1981 Universal Islamic Declaration is reaffirmed, in the sense of placing human rights in the complex framework of Islam (3) . God is the Lawgiver and supreme source of rights, people are creatures of the Divine, life is a divine gift and all human rights must be interpreted and applied according to the Shari .

The Arab Charter on Human Rights , raised by the Council of the League of Arab States on September 15, 1994, in Resolution No. 5437, is one of the results of the initiatives of the Arab countries to adhere to the international movement protection of human rights.

Regarding the structure of this Declaration, the preamble affirms the value of human dignity, the immutable principles of religions, equality and brotherhood among men.

        

On the other hand, the instrument reaffirms the principles contained in the Charter of the United Nations, in the Universal Declaration of Human Rights, in the International Guidelines of Civil, Political, Economic, Social and Cultural Rights, as well as in the Cairo Declaration on Human Rights in Islam.

The Charter recognizes a good number of fundamental civil and political rights of the liberal tradition, together with some procedural guarantees.

The various limits to this initiative, as well as the persistent reservations shown by the Arab countries, have hampered the process of approval of the Charter, demanding the private area of ​​a permanent and relevant body for the protection of rights. In this regard, the Permanent Commission of the Arab League has not carried out any notable work.