A Conceptual Analysis of ‘Rights’ In the International and Islamic Human Rights Instruments
Nik Salida Suhaila Nik Saleh

This paper examines the jurisdictional background and conceptual analysis of the term ‘rights’ in international and Islamic human rights in an attempt to explore wider understanding of rights and its concept, their convergences and divergences. Here, I examine how rights inform the international and Islamic human rights of women underpinned by the Universal Declaration of Human Rights (UDHR), the Universal Islamic Declaration of Human Rights (UIDHR) and the Cairo Declaration of Human Rights (CDHRI). The purpose of initiating this exploration is to critically review existing formulations of rights in these instruments as it has important implications when applied to human rights laws of both traditions. I contend that the jurisdiction of international and Islamic human rights shares the meaning of rights and the principles of rights underpinning the UIDHR and CDHRI are not entirely irreconcilable with the UDHR.Since I take the view that the UDHR is harmonious with the UIDHR and CDHRI pertaining to the principles of rights, my further concern is to show how they correspond. I explore the existing data of the works of leading scholars, their conceptual implications and often their reinterpretation as a method of getting the answer to the above questions.

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