Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition that are compatible with international human rights law and that can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion and jihad and the laws of war. He concludes that there is a need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
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Those who argue for an Islamic conception of human rights agree that it is essential for a connection to be made between international human rights law and Islamic values if human rights are to gain widespread acceptance among Muslims. This chapter outlines the most important Islamic textual sources of authority and legal tools that can be used in this endeavour.
Manfred Nowak and Anne Charbord
The Paris Agreement is the first climate treaty to include a reference to traditional knowledge, opening up a new legal frontier to address this complex subject in international law. Traditional knowledge has already been the subject of considerable regulatory developments in international environmental and human rights instruments. This article reflects on how these bodies of law treat traditional knowledge, with the objective of understanding what are the gaps that could and should be addressed in the context of the climate regime. The article is divided into four parts. The introduction outlines the article's structure and methodology. Section 2 provides a definition of traditional knowledge and identifies the international law questions it raises. Section 3 analyses existing international obligations on traditional knowledge in environmental and human rights law. Section 4 considers the interplay between the climate regime and the bodies of international law analysed in Section 3. The conclusion offers some recommendations on the treatment of traditional knowledge in the climate regime.