THE PROPERTISATION OF TRADITIONAL KNOWLEDGE: SEEKING A BASIS IN THE SHARIʿAH

Abstract

This paper seeks to examine the implications of the propertisation of traditional knowledge from the Islamic law point of view. It proceeds on the premise that absence of direct Islamic legal ruling on the subject does not foreclose the chances of evaluating the modern protection policies from the SharÊÑah context. It is argued that certain SharÊÑah principles can be suitably adapted to justify the protection of traditional knowledge and address the needs of its holders. It finds, among others, that the nature of traditional knowledge as oral knowledge transmitted from one generation to another simply illustrates the original perception of knowledge in Islam and is thus qualified to be regarded as such. Further, while all knowledge belongs to Allah, Islam does not preclude the status of man as developer of new utilities for knowledge use. Therefore, holders of traditional knowledge deserve to be accorded recognition and primacy for their contributions to the conservation and sustainable use of the global biodiversity. The paper concludes that there is evidence to support the recognition of traditional knowledge, being a variant of manfaÑah as a form of al-mÉl (property) worthy of protection.