Theory of Rights
THEORY OF RIGHTS
THEORY OF RIGHTS
DEFINITION OF RIGHTS (AL-HAQ):
What are RIGHTS? The traditional answers to the above questions fall into three categories: 1) Rights are moral laws specifying what a person should be free to do, and they come from God. 2) Rights are political laws specifying what a person is free to do, and they are created by governments. 3) Rights are moral laws specifying what a person should be free to do, and they are inherent in man’s nature. But each of these theories is demonstrably false, and a person or society attempting to defend freedom on such grounds will ultimately fail.
In Islamic point of view, the expression ‘Rights’ or Al-Haq (in Arabic) grammatically, could mean certitude or proof or Duty. It is also one of the names and attributes of God. Linguistically however, Al-Haq (Rights) is the opposite of falsehood, and could mean domain or sphere of authority, monopolization or exclusive power, protection, exactitude, equity and righteousness. Moreover, conventionally the expression Al-Haq (Rights) signifies material and moral possessions, such as the right of ownership, the right of utility, the right of faith and the right of dignity.
Al-Haq (Rights) literally means proper, right, true, authentic, valid, established, a just claim, confirmed as a truth, duty, or an obligation. The jurists (Fuqha) define Al-Haq (Rights) as a prescription acknowledged by the Shari’ah that gives authority or right and assigns responsibility or duty. This definition includes both the rights of Allah S.W.T and the rights of humans.
Al-Haq (Rights) in the Islamic law is a favor granted by the Creator Exalted b e His name to individual according to the requirements of the public good. According to the Shari’ah, Al-Haq (Rights) is a restricted by the respect of the right of the other person and not doing harm to the public. Accordingly, the individual has no absolute freedom in using his rights without restriction.
THEORY OF RIGHTS
DEFINITION OF RIGHTS (AL-HAQ):
What are RIGHTS? The traditional answers to the above questions fall into three categories: 1) Rights are moral laws specifying what a person should be free to do, and they come from God. 2) Rights are political laws specifying what a person is free to do, and they are created by governments. 3) Rights are moral laws specifying what a person should be free to do, and they are inherent in man’s nature. But each of these theories is demonstrably false, and a person or society attempting to defend freedom on such grounds will ultimately fail.
In Islamic point of view, the expression ‘Rights’ or Al-Haq (in Arabic) grammatically, could mean certitude or proof or Duty. It is also one of the names and attributes of God. Linguistically however, Al-Haq (Rights) is the opposite of falsehood, and could mean domain or sphere of authority, monopolization or exclusive power, protection, exactitude, equity and righteousness. Moreover, conventionally the expression Al-Haq (Rights) signifies material and moral possessions, such as the right of ownership, the right of utility, the right of faith and the right of dignity.
Al-Haq (Rights) literally means proper, right, true, authentic, valid, established, a just claim, confirmed as a truth, duty, or an obligation. The jurists (Fuqha) define Al-Haq (Rights) as a prescription acknowledged by the Shari’ah that gives authority or right and assigns responsibility or duty. This definition includes both the rights of Allah S.W.T and the rights of humans.
Al-Haq (Rights) in the Islamic law is a favor granted by the Creator Exalted b e His name to individual according to the requirements of the public good. According to the Shari’ah, Al-Haq (Rights) is a restricted by the respect of the right of the other person and not doing harm to the public. Accordingly, the individual has no absolute freedom in using his rights without restriction.