EXCERPTS FROM...
The General Secretariat of the Arab League:
1. The Saudi Ministry of Foreign Affairs received your Memorandum No. 10/6/10/J6/1350 dated 15-6-70 AD in conjunction with a message from Mr. Edward Lowson, Vice-President of the Human Rights Section at the United Nations in connection with the Resolution of the Human Rights Commission No. 14 (25th Meeting) and Resolution No 1421 (46) of the Economic and Social Council, each entitled as follows: "The subject of the implementation of the economic and social rights embodied in 'The International Human Rights Declaration' and the 'International Covenant on Economic, Social and Cultural Rights'."
2. The Ministry also received along with your Memorandum the following attachments:
3. On studying your Memorandum and the relative enclosures we have come to know the following:
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d) Mentioning the domestic practices we have and which aim at the realization of the implementation of the economic, social and cultural rights.
e) Studying the special problems connected with Human Rights in the member states, particularly those effected by foreign factors, so as to submit a report on them to the Human Rights Commission during its 27th Meeting in 1971.
4. In order to assist the named Rapporteur in his task of preparing a comprehensive study on the extent of the implementation of economic, social and cultural rights in the member countries of the United Nations in accordance with the International Human Rights Declaration and the International Covenant on Economic, Social and Cultural Rights , we shall speak hereafter about all the points mentioned above and which were requested for his assistance, in spite of the fact that f the Kingdom of Saudi Arabia has not joined until now the signatories to either 'The International Human Rights Declaration' or 'The International Covenant on the Economic, Social and Cultural Rights'. Saudi Arabia's failure to join was not, as we shall see, due to its disapproval of the aims of the Declaration and the Covenant which stands for the dignity of man as outlined in their provisions, but:
a) Because of our determination to let the dignity of a human person be protected by us without any distinction between one man and another under the impetus of the divine Islamic creed and not by the material law. We are fully convinced that most of the confusions and perversions of the youth of the civilized world have been the result of their loss of the divine creed and their resort to a purely material life in which crimes and perversions have increased in society in proportion to the detachment of such youth from the faith in God.
b) Because of our reservations on some of the points mentioned in the Declaration, and the Covenant, for Islam had its own reasoning with regard to the support of the dignity of man, and the protection of human freedom. Our call for peace among all human beings is based on our Islamic principles which have been distorted by both the ignorant and the prejudiced. Adhering to its scientific philosophy which some researchers have failed to penetrate and which is supported with decisive historical facts in respect of this subject, we had to differ in our interpretations of some of the applications of the rules of the Declaration and the Covenant in as far as the points we mentioned before are concerned, and not over the basic principles relating to the dignity of man, his freedom and coexistence among all human beings and which we shall refer to in this Report when we get to them. We shall avoid all superficial propaganda pretensions which proved sometimes that they were not for the service of the dignity of man or his security or his fundamental rights (such as the distinction given to the workers over others in relation to rights, and their empowerment with the right to go on strikes as we shall see later on).
5. We now begin with the first point pertaining to this subject by giving short data on "The Principles of Human Rights in Islam" prevailing in our country, mentioning some of the legal provisions related thereto and which form our written National Law. Besides, these principles are closely connected with the Muslim creed and are an integral part of it, and we derive our general policy from them.
6. These rights can be summed up in the following points which have been outlined in the Rules of the Islamic Religion:
a) The dignity of man, in conformity with the Koranic verse which says: "We have honoured the sons of Adam". (XVI1, 70).
b) No distinctions in dignity and fundamental rights between one man and another as race, sex, blood relations or wealth, in accordance with the Saying of the Prophet of Islam: "There is no advantage for an Arab over a non-Arab, or for a white man over a black man excepting by piety," and in his saying: "Women are partners to men".
c) The call for the unity of the human race. The persons most favoured by God are those who are most beneficial to mankind, in accordance with the Saying of the Prophet of Islam: "Human creatures are the families of God and the ones who are most loved by Him are those who are most useful to their families."
d) The call for acquaintance and cooperation for the common good as well as for the performance of all kinds of righteous deeds towards all human beings regardless of their citizenship or religion, in conformity with the Koranic verse: "O mankind we created you from a single (pair) of a male and a female and made you into nations and tribes that ye may know each other (not that ye may despise each other). Verily the most honoured of you in the sight of God is he who is the most righteous of you." (XLIX, 13). The same theme is repeated in the following Koranic verse: "God forbids you not, with regard to those who fight you not for (your) faith nor drive you out of your homes, from dealing kindly and justly with them: For God loveth those who are just." (LX, 8).
e) Religious freedom to every one and prohibition of any exercise of force in this respect, in response to God's Sayings in the Glorious Koran: "Let there be no compulsion in religion," (II, 256) and "Wilt thou then compel mankind against their will to believe!" (X, 99). These sayings show how the use of pressure on man's religious freedom is denounced.
f) Prohibition of any attack on the property or the life of a man as expressed in the Saying of the Muslim Prophet: "You are forbidden to attack the property or the lives of others."
g) House immunity for the protection of man's freedom as mentioned in the following Koranic Saying: "O ye who believe! Enter not houses other than your own, until ye have asked permission and saluted those in them; that is best for you, in order that ye may heed (what is seemly)." (XXIV, 27).
h) Reciprocal responsibility among members of society, as to the right of every person to lead an honorable life, and to get rid of poverty and need, by levying a certain tax on the wealth of those who are financially able, so as to be paid to those in need, whatever their needs may be. This is in conformity with the words of the Glorious Koran: "And in their wealth the beggar and the deprived had due share." (LI, 19)
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1) There are countless other Islamic religious laws for the protection of those rights which are referred to above. They explain, on the whole, the basic inalienable Human Rights. They also deal in a comprehensive way with man's economic, social and cultural rights from the humanitarian and idealistic aspects which do not make any distinction or allow for any kind of distinction between one human being and another, particularly concerning the things provided for in the International Human Rights Declaration, namely sex or colour or language or religion or opinion or national or social origin or wealth or country. We also go farther than that and add things that were not recognized by the Drafting Body of Human Rights, such as those that appear in the following Koranic Verse: "O ye who believe! Stand out firmly for God, as witness to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety; and fear God, for God is well-acquainted with all that ye do." (V 8). We can infer from these holy words that no discrimination in human rights ought to be made because of hatreds or animosities. Likewise Islam declared that women are the sisters of men and that they have claims over others just as others have claims over them, excepting where men were given the right to be heads of the families and to look after their affairs, for men's constitutions are more strongly built and make them more fit to bear the heavy social burden. Truly, it is a heavy burden laid on their shoulders from which women were freed. However, this does not affect women's equality in dignity and rights. This is the highest level of justice between the two sexes.
7. It is quite clear from these religious Laws of Islam how much concern is given to the basic human rights and how much care is devoted to the economic, social and cultural rights of man. Islam has not used these laws for moral sermons but as legal order. It supported them with all the legislations that are needed to insure their implementation. Neither the provisions of the Universal Declaration of Human Rights nor the International Covenant on Economic, Social and Cultural Rights have gone as far as that; they remained as moral recommendations not guaranteed by any legal safeguards whether on the international level or on the domestic level. It can be said that this is our first reservation on the Charter and the Covenant in a general manner.
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10. There branch out the following three cases which are different in their laws, but which have the same reasoning like the one we explained in the previous paragraph. These cases are:
I: The marriage of a Muslim husband to a paganistic woman or to a woman who does not believe at all in God has been prohibited by Islam because a Muslim husband will never respect in any manner the beliefs and practices of such a wife. This will expose a family to disputes and disruption. Islam considers divorce as the most hateful thing in the sight of God. Thus, it is not encouraged. Out of this reasoning, such a marriage in which a husband does not respect the beliefs and practices of his wife, ending thereby in disputes and disruption, had to be forbidden. Islam does not encourage the disruption of the family and for this reason it has been careful on letting the foundations of marriage be void of such faults that lead to disruption.
16. It is quite known that the Kingdom of Saudi Arabia is still young in its "civilizational" developments. Most of its establishments and organizations which are connected with our domestic procedures for the implementation of economic rights are not more than fifteen years old. But this does not mean that such rights were neglected before. What is meant, in fact, is that the material means for pushing the wheel of such procedures were not available. Credit goes only to the Islamic Religion which:
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23. In accordance with the Laws of the Islamic Religion which hold to the principle of equality in human dignity and in the basic rights of man, which we outlined at the outset of this memorandum, the measures taken by the Kingdom in connection with the social rights of man began to be implemented since its formation, for it was based on the Laws of the Islamic Religion, without any kind of distinction and with the right of every person living in the Kingdom to be free of fear, hunger, sickness and particularly of ignorance, as we stated before, on the basis of complete social security.
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30. The Kingdom, within the bounds of its material revenue, gives great importance to the development of the resources of the country, the exploration of its hidden wealth, the encouragement of industrialization, the reliance on private sector and its support, within the bounds of public interest, without any exploitation and with equitable remuneration for work performed, leaving no room for any class struggles or grudges. It considers the encouragement of individual incentive within these bounds as one of the most important factors to push the wheel of economic development and to safeguard human dignity. It is for the interest of the individual and the well-being of the group.
SOURCE: http://www.saudiembassy.net/Issues/HRights/hr-memo.html