Right of Progeny and Cairo Declaration of Human Rights in Islam

The first main objective of Maqasid I Shari`ah is the completion of human’s necessity; in which protection of progeny (nasl) is the foremost purpose. The preservation of lineage is greatly emphasized by the Islamic Shariah and the Cairo declaration of human rights in Islam also supported the protection of lineage in Islam. All the articles of CDHRI covered the five basic human rights mentioned in Maqasid I Shariah. The research is focused on delineating the concept of protection of lineage as one of the main objective of Shariah and it is supported by evidences from Cairo Declaration of Human Rights in Islam along with Quranic verses and traditions of the Holy Prophet (S.A.W). The aspects covered in the paper range from discussion of right of progeny as well as equal rights of progeny for male and female; rights of children with the hierarchy of their rights from the stage of fetus, having proper nursing, caring, education and a healthy beginning of life. The comparative analysis based on arguments of Shariah and the CDHRI proves that it is the basic objective of Shariah to protect all fundamental rights and right of progeny has the foremost significance in it.


Introduction to CDHRI
Islamic Shariah always talk about the benefit of human beings, the rights which Islamic Shariah has granted to anyone cannot be abolished by other.The Cairo declaration of human rights in Islam (CDHRI) was basically the response of universal declaration of human rights (UDHR).UDHR came after the Second World War in 1948, it was basically the first Islamic document on human rights but it did not cover all the human rights mentioned in Islamic Shariah.It also failed to consult with the member states of OIC which is the main dilemma of Islamic countries.Many Islamic countries criticized this declaration because they were not present at that conference in which UDHR emerged and put allegation that this declaration did not talk about the religious and spiritual framework of non-western countries.Member states of OIC adopted CDHRI in 1990.45 states have signed it.For acceptance it was presented to United Nations Human Rights Council (UNHC) in 1981.Luckily the document was successfully approved and adopted and in 1990 finally CDHRI emerged and this was the only satisfactory, realistic and practicalInternational Islamic document on human rights.It mentioned many rights of UDHR but it also confess many inequalities merged in Islamic law related to religions, social rights, political rights, sex etc. 1 The Cairo declaration of human rights in Islam established the rules which protected human rights and talked about the harsh and unbearableinequityagainst non-Muslims and women.It guaranteed that all the articles in its document are according to Islamic Shariah.

Cairo Declaration of Human Rights in Islam and Maqasid I Shariah
This declaration has 25 articles.All the articles covered the five basic human rights mentioned in Maqasid I Shariah.Last two articles clearly focused on the fact that"All the rights and freedoms stipulated in this Declaration are subject to the Islamic Shari'ah." 2

and "The Islamic Shari'ah is the only source of reference for the explanation or clarification to any of the articles of this Declaration" 3
It talks about the sovereignty of Allah almighty that all the creation are his servants than it clears the fact that all people are equal in his eye.He judge people on the base of their righteousness.Than this declaration talked about the protection of human life and also set rules for non-belligerents means woman children, soldiers and old people which supported the first main objective of Maqasid I Shariah right of life.T he declaration talks about that there is no compulsion in the matter of religion which supported the second objective of Maqasid I Shariah right of faith.This declaration also talked about the importance of education which supported the fourth main objective of Maqasid I Shariah right of intellect.The Declaration advised the parents to protect theirchild before and after birth which supported the third main objective of Maqasid I Shariah right of progeny.It also highlighted that the husband is the maintainer of his family and family is his responsibility.The Declaration gives individual the rights to privacy and right to property which supported the last objective of Maqasid I Shariah right of wealth. 4

CDHRI and Right of Progeny
Here are some articles of CDHRI related to the protection of progenywhich will be discussed with the Islamic Shariah.

"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, color 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." 5 A and b part of this article clears the fact that marriage is most important thing for the establishment of society.Islamic Shariah also emphasized a lot on it.In the eye of Islamic Shariah marriage is most beautiful thing as Allah Almighty incumbent it on all Muslims (men and women) but prohibited it for those who have lack of physical and economics facilities.Islamic jurists say that if a person has extreme sexual desires and he afraid of being zaani than nikah is wajib for him.If his sexual desires are in control than nikah is mustahib.According to imam Shafi it is Mubah.According to Dawud, Zahirites and their followers if a person has dower and financial resources then nikah is farz ain for him. 6As Allah Almighty says in the Holy Quran: "Then marry those that please you of [other] women…………."All the prophets practiced marriage, no matter that they were engaged in the services which Allah Almighty appointed on them but this responsibility did not force them to avoid marriage because marriage plays a very important role on both the religion and social development. 8Allah Almighty mentioned this thing in the Holy Quran: And We have already sent messengers before you and assigned to them wives and descendants.And it was not for a messenger to come with a sign except by permission of Allah.For every term is a decree.

Saying of Prophet (S.A.W) also clarify this reality"It was narrated from Samruh that the messenger of Allah (S.A.W) forbade celibacy. Zaid bin Akhzam added: "And Qatadah recited: And indeed we sent messengers before you (O Muhammad S.A.W) and made for them wives and offspring." 10
Marriage is also the Sunnah of Prophet Muhammad (S.A.W).Ahādith of Prophet (S.A.W) prove that marriage fulfills half of person's faith."It was narrated from Aisha that the messenger of Allah (SA.W) said: "Marriage is part of my sunnah, and whoever does not follow my sunnah has nothing to do with me-get married, for I will boast of your great numbers before the nations: whoever has the means, let him get married, and whoever does not, then he should fast, for it will diminish his desires." 11

CDHRI and Rights of Children and Protection of Progeny
CDHRI also emphasizes on the rights of children and protection of progeny.Its article 7 talks about the children's rights:

" (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."
CDHRI gives the concept of protection of progeny but how one can protect his progeny, is elaborated by IslamicShariah.

CDHR and Rights of Children
Islam has analysis childhood with trust and objective.When people achieved it, the fruit is satisfaction, happiness of the spirit and excitement of mind.In the Shariah offspring is a great blessing of Allah Almighty.It is a reward blessed on the creation by his creator as He says in the Holy Quran: "To Allah belongs the dominion of the heavens and the earth; He creates what he wills.He gives to whom He wills female [children], and He gives to whom He wills males.Or He makes them [both] males and females, and He renders whom He wills barren.Indeed, He is Knowing and Competent." 12o it is clear that Islam emphasized a lot on the healthy psychological atmosphere for the children where they learnt and discover the world and prepared them self with its customs and norms.Islam affirms the rights of children as:To live in a calm and well environment is a right of every child, right to proper healthcare and nourishment, right of education, right of having proper family and relatives, right of proper and decent name which protected his self-respect and right to property and inheritance. 13Article 7 (a) of CDHRI supports this fact.

Equal Rights of Male and Female Progeny
Child also has the right to a pleasant reception without any discrimination of baby boy and girl.Allah Almighty does not like those who only show their excitement on the birth of baby boys and feel shy and insulting on the birth of baby girls.The Almighty Allah says in his Book:

"And when one of them is informed of [the birth of] a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide."
There is a tradition of Prophet (S.A.W) regarding girl child right: "Uqbah bin Amir said: "I heard the messenger of Allah (S.A.W) say: 'whoever has three daughters and is patient towards them, and feeds them, gives them to drink, and clothes them from his wealth; they will be a shield for him from the fire on the day of resurrection." 15

a. Abortion
Abortion is prohibited in Islam.All the Muslims believe that the fetus get his soul at the fourth month of pregnancy.That's why Islam prohibits abortion after the fourth month of pregnancy.But, if there is a serious situation or pregnancy of mother became the cause of danger for her than there is no harm in performing abortion to the fetus.Islam considers abortion as a planned killing which is performed by both parents.Article 7 of CDHR states, part a, "Both the fetus and the mother must be safeguarded and accorded special care."

b. Care of the Newborn
When child born parents should Offer Adhan in his ears.Than after that Breast feeding is one of the essential element which is required by baby for up children with hereditary for this purpose spouses should plan, to marry with the partner who is physically fit and has not any genetic illness , he should also avoid to marry with close relations like cousins .Hazart Umar bin Khattab who was the second caliph said: "Do not marry a close relative lest the child is born scrawny." 20

e. Right of good name
Another most important right of new born is he/she should be given pleasant and decent names so that they don't feel any embarrassment or emotional disturbances.Prophet (S.A.W): "Anas bin Malik narrated that the messenger of Allah (S.A.W) said: "Be kind to your children and perfect their manners." 21"It was narrated from Ibn Umar that the Prophet (S.A.W) said: He also said: "The most beloved of names to Allah are Abdullah and Abdur-Rahman (Sahih)" 22 "It was narrated from Umar bin Khattab that the messenger of Allah (S.A.W) said: "if I liveif Allah wills-I will forbid the names Rabah (profit), Najih (saved), Aflah (successful), Nafi' (beneficial) and Yasar (prosperity)." 23

g. Right of Education
When the child reaches at the age of learning and understanding, it is the responsibility of his parents to provide him good knowledge which develop his intellectual abilities and facilitates him that how he can deal with the ups and downs of life.This reality also realizes him that he is nothing without the help of other human beings and he is this world's part.
Article 7 of CDHR states:

"(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."
In Islamic Shariah seeking of knowledge is a religious duty so it is parent's duty to providing good schooling to their offspring so that they acquired their primary role in life.The Islamic Shariah gives both the man and woman equal chance in learning.Prophet (S.A.W) said:"The seeking of knowledge is obligatory upon every Muslim male and Muslim female" 26 "It was narrated that Abu Hurairah said: " there is no man who follows a oath in pursuit of knowledge but Allah will make easy for him a path to paradise, and if a person's deeds slow him down, his lineage will not help him to speed up." 27

CDHRI and Right of Husband and Wife for the Protection of Progeny
Article 6 of CDHRI talks about that how the relationship of husband and wife are important for the protection of progeny.

"(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."
Islamic Shariah gives some specified rights to both husband and wife so that their married life can be spend with peace and happiness and became the cause of protection of progeny.Contract of marriage creates number of rights and obligations between spouses for the protection of their family and lineage.Some of them are shared and some are personal. 28Their duty is this that they both make ease for each other.Islam does not made any difference between man and woman on the base of their rights but it allocate some tasks and duties to both of them sothey both should be responsible for their duties.Every task which has assigned by Shariah is important in itself and person will be judge on the base of its responsibilities. 29As a married couple both husband and wife have some specific rights given to them by Allah Almighty which become the cause of their good married life.Allah the Almighty has given many rights to husband i.e. authority, strength and patience.Man usually work outside the house, and earn for the family.Shariah has guarantee the wife three basic rights.The first and primary right of wife is right of Dower as Allah says in the Holy book: expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them" 36 This verse guides all Muslim man that how they can normalize their family life in good manner."Men have a degree (of responsibility) over them" means that men are the maintainers of their family it doesn't mean that they are superior to women regarding rights. 37Hence it is clear that husband and wife plays a very important role for the preservation of their lineage and it is also emphasized by the Islamic Shariah that lineage should be preserved by the creation of Allah almighty.Shariah pays great attention to the protection of lineage and Cairo declaration of human rights in Islam also supported it.

Notes and References
25th desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them.And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable.And fear Allah and know that Allah is seeing of what you do."25