Thematic Comparison of the Universal Declaration of Human Rights and the Cairo Declaration on Human Rights in Islam)
Thematic Comparison of the Universal Declaration of Human Rights and the Cairo Declaration on Human Rights in Islam is a content-based analysis that groups corresponding provisions from the two declarations by topic. It serves as a companion to the Universal Human Rights vs Islamic Human Rights presented in the notes for the song Best Nation.
Introduction
The Universal Declaration of Human Rights (UDHR, adopted 1948) and The Cairo Declaration on Human Rights in Islam (CDHRI, adopted 1990) both affirm the dignity of the human person and many core rights. However, they differ significantly in structure, philosophical foundation, and scope.
This page matches provisions **thematically** rather than by article number. The most important overarching difference is that the CDHRI states that all rights and freedoms are subject to the Islamic Shari’ah and that Shari’ah is the sole reference for their interpretation (Articles 24 and 25). The UDHR presents rights as inherent and universal, with limitations determined by law in a democratic society.
Overview of the Two Declarations
- The UDHR contains a preamble and 30 articles. It is a secular document adopted by the United Nations General Assembly as “a common standard of achievement for all peoples and all nations.”
- The CDHRI contains a preamble and 25 articles. It was adopted by the Organisation of the Islamic Conference (now Organisation of Islamic Cooperation) and frames human rights as an integral part of Islam, derived from divine commandments.
Thematic Comparison
1. Foundational Principles (Preambles)
Universal Declaration of Human Rights 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.
Cairo Declaration on Human Rights in Islam 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.
Analysis Both documents are foundational. The UDHR is secular and presents rights as inherent and universal. The CDHRI is explicitly Islamic, presenting rights as divine obligations and positioning the Islamic Ummah as a guide for humanity.
Universal PREAMBLE
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948
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.
Islamic PREAMBLE
Adopted and Issued at the Nineteenth Islamic Conference of Foreign Ministers in Cairo on 5 August 1990. Cairo, 14 Muharram 1411H
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:
2. Human Dignity and Equality
Universal Declaration of Human Rights Art. 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. Art. 2 & 7: Non-discrimination and equality before the law.
Cairo Declaration on Human Rights in Islam Art. 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… True faith is the guarantee for enhancing such dignity… Art. 1(b) & 19(a): Superiority only on the basis of piety and good deeds. All are equal before the law.
Analysis Very similar on equality and non-discrimination. The CDHRI adds an Islamic dimension (submission to God, piety, and faith as enhancer of dignity) which destroys blind equality and elevates "pious" Muslims to a higher level.
Universal 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.
Universal 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.
Universal 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.
Islamic 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.
Islamic Article 19
(a) All individuals are equal before the law, without distinction between the ruler and the ruled.
3. Right to Life, Liberty and Security
Universal Declaration of Human Rights Art. 3: Everyone has the right to life, liberty and security of person.
Cairo Declaration on Human Rights in Islam Art. 2: Life is a God-given gift… It is prohibited to take away life except for a Shari’ah-prescribed reason… Safety from bodily harm is a guaranteed right.
Analysis Both affirm the right to life and personal security. The CDHRI explicitly allows the taking of life for a Shari’ah-prescribed reason and includes detailed rules for armed conflict. Because all rights are subject to Shari’ah (Articles 24–25), this creates a potential opening for traditional hudud punishments in certain interpretations.
Universal Article 3
Everyone has the right to life, liberty and security of person.
Islamic 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.
4. Prohibition of Slavery, Torture and Arbitrary Treatment
Universal Declaration of Human Rights Art. 4: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Art. 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Art. 9: No one shall be subjected to arbitrary arrest, detention or exile.
Cairo Declaration on Human Rights in Islam Art. 11(a): Human beings are born free, and no one has the right to enslave, humiliate, oppress or exploit them… Art. 11(b): Colonialism of all types being one of the most evil forms of enslavement is totally prohibited. Art. 20: It is not permitted without legitimate reason to arrest an individual… to subject him to physical or psychological torture or to any form of humiliation, cruelty or indignity…
Analysis Both declarations contain explicit prohibitions on slavery/enslavement and on torture or cruel treatment. The CDHRI additionally condemns colonialism as a form of enslavement and prohibits non-consensual medical or scientific experimentation. However, the CDHRI’s provisions remain subject to the Islamic Shari’ah as the sole reference and supreme authority (Articles 24 and 25).
Universal Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Universal Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Universal Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Islamic 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.
Islamic 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.
5. Family, Marriage, Women and Children
Universal Declaration of Human Rights Art. 16: Men and women… 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. Marriage shall be entered into only with the free and full consent…
Cairo Declaration on Human Rights in Islam Art. 5: The family is the foundation of society, and marriage is the basis of its formation… Art. 6: Woman is equal to man in human dignity, and has rights to enjoy as well as duties to perform… The husband is responsible for the support and welfare of the family. Art. 7: Rights of the child and parents (with reference to Shari’ah).
Analysis Both documents recognise the family as a fundamental unit and affirm the right to marriage. The CDHRI states that women are “equal to man in human dignity” and have financial independence, while assigning the husband responsibility for the family’s support. Because all provisions are subject to Shari’ah (Articles 24–25), traditional Islamic rules regarding inheritance, guardianship, and family roles remain potentially applicable.
Universal 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.
Islamic 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.
Islamic 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.
Islamic 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.
6. Education and Knowledge
Universal Declaration of Human Rights Art. 26: Everyone has the right to education… 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…
Cairo Declaration on Human Rights in Islam Art. 9: The quest for knowledge is an obligation… Every human being has the right to receive both religious and worldly education… in such an integrated and balanced manner as to develop his personality, strengthen his faith in God…
Analysis Both treat education as a right and duty. The CDHRI stresses religious education and strengthening faith in God, while requiring that education choices consider Shari’ah. The UDHR emphasises human rights, tolerance, and international understanding.
Universal 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.
Islamic 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.
7. Work, Economic Rights and Property
Both documents guarantee the right to work, fair wages without gender discrimination, safe conditions, property ownership (with limits for public interest), and a decent standard of living. The CDHRI additionally prohibits riba (usury) and guarantees state intervention in labour disputes.
Universal 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.
Universal 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.
Islamic 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.
Islamic 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.
Islamic 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.
8. Freedom of Movement and Asylum
Both affirm the right to freedom of movement and the right to seek asylum when persecuted. The CDHRI qualifies these rights “within the framework of Shari’ah” and excludes asylum if motivated by a Shari’ah-regarded crime.
Analysis The core rights are similar, but the CDHRI subordinates them to Shari’ah.
Universal 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.
Universal 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.
Islamic 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.
9. Privacy, Honour and Inviolability of the Home
Strong similarity. Both protect privacy, honour/reputation, and the inviolability of the home. The CDHRI adds explicit protection of honour after death and prohibition of eviction without due process.
Universal 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.
Islamic 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.
10. Freedom of Religion, Thought, Conscience and Expression
Universal Declaration of Human Rights Art. 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief… Art. 19: Everyone has the right to freedom of opinion and expression…
Cairo Declaration on Human Rights in Islam Art. 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. Art. 22: 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… Information… may not be exploited or misused in such a way as may violate sanctities and the dignity of Prophets…
Analysis This is one of the clearest areas of divergence. The UDHR explicitly protects the right to change one’s religion or belief and guarantees broad freedom of opinion and expression without religious restrictions. The CDHRI prohibits compulsion to convert (including to atheism) but contains no right to leave Islam. Freedom of expression is explicitly limited so that it must not be “contrary to the principles of the Shari’ah”.
Universal 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.
Universal 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.
Islamic 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.
Islamic 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.
11. Political Participation and Self-Determination
Universal Declaration of Human Rights Art. 21: Everyone has the right to take part in the government of his country… The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections…
Cairo Declaration on Human Rights in Islam Art. 11(b): Colonized peoples have the full right to freedom and self-determination… Art. 23: 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.
Analysis Both support participation in public affairs and self-determination (particularly for colonised peoples). The UDHR explicitly bases legitimate government authority on the will of the people expressed through periodic genuine elections. The CDHRI qualifies the right to hold public office and participate in governance “in accordance with the provisions of Shari’ah” and does not mention elections or popular sovereignty.
Universal 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.
Islamic Article 11
(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.
Islamic 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.
12. Social Security, Standard of Living, Health and Culture
Both affirm rights to an adequate standard of living, medical care, and social security. The CDHRI adds the right to live in a “clean environment, away from vice and moral corruption” and qualifies scientific and cultural rights so they are “not contrary to the principles of Shari’ah”.
Universal 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.
Universal 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.
Islamic 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.
13. Legal Protections and Fair Trial
Universal Declaration of Human Rights Art. 6, 8, 10 & 11: Recognition as a person before the law, effective remedy, fair and public hearing by an independent tribunal, presumption of innocence, and prohibition of retroactive criminal law.
Cairo Declaration on Human Rights in Islam Art. 8: Right to legal capacity. Art. 19: All are equal before the law… There shall be no crime or punishment except as provided for in the Shari’ah… A defendant is innocent until his guilt is proven in a fair trial…
Analysis Both affirm equality before the law, the right to justice, the presumption of innocence, and the right to a fair trial with defence guarantees. However, the CDHRI states in Art. 19(d) that “There shall be no crime or punishment except as provided for in the Shari’ah.” Combined with the supremacy of Shari’ah in Articles 24 and 25, this means that hudud punishments permitted under traditional interpretations of Islamic law remain theoretically possible.
Universal Article 6
Everyone has the right to recognition everywhere as a person before the law.
Universal 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.
Universal 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.
Universal 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.
Islamic 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.
Islamic 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.
14. Limitations on Rights and Duties
Universal Declaration of Human Rights Art. 29–30: Rights may be limited only by law for the purpose of securing due recognition of the rights of others and meeting the just requirements of morality, public order and the general welfare in a democratic society.
Cairo Declaration on Human Rights in Islam Art. 24: All the rights and freedoms stipulated in this Declaration are subject to the Islamic Shari'ah. Art. 25: The Islamic Shari'ah is the only source of reference for the explanation or clarification to any of the articles of this Declaration.
Analysis This is the central structural difference between the two declarations. The UDHR allows limitations determined by law in a democratic society. The CDHRI places the Islamic Shari’ah above all rights as the supreme and sole interpretive authority.
Universal 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.
Universal 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.
Islamic Article 24
All the rights and freedoms stipulated in this Declaration are subject to the Islamic Shari'ah.
Islamic 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.
Summary of Key Similarities and Differences
Both the Universal Declaration of Human Rights (UDHR) and the Cairo Declaration on Human Rights in Islam (CDHRI) affirm the inherent dignity of the human person and recognise many of the same core rights, including the right to life, personal security, family, education, work, property, privacy, and a fair trial.
However, there is a fundamental structural difference between the two documents:
- The UDHR presents rights as inherent, inalienable, and universal. Limitations on rights are determined by law and must serve the requirements of a democratic society. - The CDHRI presents rights as an integral part of Islam and states that all rights and freedoms “are subject to the Islamic Shari’ah” (Article 24), with Shari’ah being “the only source of reference” for their interpretation (Article 25).
This supremacy of Shari’ah creates significant differences in several key areas:
- Freedom of religion: The UDHR explicitly includes the right to change one’s religion or belief. The CDHRI prohibits compulsion to convert (including to atheism) but contains no equivalent right to leave Islam.
- Freedom of expression: The UDHR protects broad freedom of opinion and expression. The CDHRI limits expression so that it must not be “contrary to the principles of the Shari’ah” and must not violate the sanctities or dignity of Prophets.
- Criminal justice and punishments: The UDHR prohibits cruel, inhuman or degrading punishment without exception. The CDHRI states that there shall be “no crime or punishment except as provided for in the Shari’ah”, which leaves open the possibility of hudud punishments under traditional interpretations of Islamic law.
- Political participation: The UDHR bases legitimate government authority on the will of the people expressed through periodic genuine elections. The CDHRI qualifies the right to participate in public affairs and hold public office “in accordance with the provisions of Shari’ah”.
- Women’s rights and family law: Both documents protect the family and the right to marry. The CDHRI affirms that women are “equal to man in human dignity” but also assigns distinct roles and subjects family matters to Shari’ah.
- Slavery: Both documents contain explicit prohibitions on enslavement. However, while the UDHR’s ban is absolute, the CDHRI’s provisions remain subject to Shari’ah, which historically permitted regulated forms of slavery.
In summary, while the two declarations overlap on many individual rights, the CDHRI frames those rights within an Islamic legal and theological framework in which Shari’ah is supreme. This creates both textual differences and interpretive tensions that are not present in the UDHR.
See also
- Universal Human Rights vs Islamic Human Rights
- Best Nation (song based on this)
- The Universal Declaration of Human Rights
- The Cairo Declaration on Human Rights in Islam
External links
- Universal Declaration of Human Rights – United Nations
- Cairo Declaration on Human Rights in Islam – Wikisource
