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    Thursday, 10 July 2014

    Private and Public Rights in islam

    Introducation

    In Islam rights and boligations are considered interlinked and interdependent. Generally, rights are divided into two kinds i.e Haqooq Allah and Haqooq al Ibad. Rights is an interest which is recognized by law regards of which there is a duty and disregards of which there is a wrong. Islamic concept of human rights is essentially based on the idea of human equality, Justice, personal freedom, etc which is discussed as under.

    Meaning

    (i)Literal Meaning
    Literally it means, “An interest”. (Oxford Dictionary)
    (ii)Legal Meaning
    “Right is the interest which is roper under law morality and the ethics”. (Black’s Law Dictionary)

    Definition

    Salmond (1862-1924)
    “Right is an interest recognized and protected by a rule of law respect of which there is a duty and disregard of there is a wrong”.

    Islamic concept about rights.

    The concept of rights in Islam is basically based on human honor and equality of all mankind.

    Kinds of Rights

    According to majority of Muslim jurists, there two kinds

    HAQOOQ ALLAH

    These are those rights, which are only about Allah and are not linked to persons.
    Following are Haqooq Allah
    v  Prayer (Salat)
    v  Give Zakat
    v  Perform Haj
    v  Equality
    v  Punishment (Hadd) is enforced
    v  Texes imposed on Muslims i.e, Zakat, Ushar etc
    v  Taxes imposed on Non-Muslim i.e, Jizya, Khiraj etc

    HAQOOQ AL-IBAD

    These are those rights, which are only about men but some of rights consisted of both Allah and Men.
    Following are Haqooq Al-Ibad
    v  Protection of Life, Property, Honour
    v  Protection of Family
    v  To do Lawful acts
    v  To do contract etc
    v  Personal Freedom
    v  Freedom of Religion
    v  Freedom of Expression
    v  Freedom of Work 

    Fundamental Human Rights in Islam

    Following are the fundamental right of human in Islam,

    Security of Person

    According to Constitution of Islamic Republic of Pakistan, 1973, No person shall be
    deprived of life or liberty save in accordance with law”. This amounts to a declaration that no
    person is to takelife or liberty of another person except under a law authorizing him to do so.

    Prophet (Peace Be Upon Him) said, “The Murder of Muslim is not lawful except for one of 
    three life for life, a married adulterer and retrograde from his religion”.

    Freedom of Religion

    Islam guarantees religious freedom to every individual. In an Islamic State, every citizen is at
    liberty to profess and practice any religion, which he has choose.The Holy Quran says, Let 
    there is no compulsion in religion”.

    Freedom of Expression

    In every Muslim state, every Muslim has a right to freedom of though and expression. It includes
    freedom of speech, freedom of opinion, freedom to differ and criticize the policies of the
    governement. 

    A poor woman has made an enquiry to Caliph Umar (R.A) about cloth sheets. Hence, the people check and control the functions of Governament run by Caliph.

    Protection of Non-Muslims

    The right of non-Muslims are well protected by the Islamic state. Jizya is a tax imposed on non-Muslims for protection of their lives and property from foreign attacks. Holy Quran says, Let there be no compulsion in religion”.

    Right to choose Profession

    In every Islamic State, there is a right to choose his prefession freely and sources of income which one likes. Prophe (Peace Be Upon Him) said, “Allah did not raise up any Prophet who did not graze goats. His companions asked; you too? Yes, said he, I used to tend goats for the inhabitants of Makkah for some Qirat”.

    Property Rights

    v  Islam allows an individual to acquire property whether they are moveable or immoveable through lawful means.
    v  Islam allows a person to own, possess and enjoy his wealth, which has been acquired by him through lawful means.
    v  Islam permits the individuals to alienate or dispose of his property by any means like sale, exchange, gift etc

    Equality Rights

    Holy Prophet (Peace Be Upon Him) Address in Khutba Hajatul Wida, “O People! Verily you Allah is one and your father is one. He created Adam with clay. There is no superiority for an Arab over a non-Arab or for white over the black or for the black over the white except tauheed. Verily, the noblest among you is he who is the most pious”.

    Final Analysis

    Hence for final analysis, we can say that, right is an interest which is protected by law. Islam is a religion which is based upon equality and justice. This concept of Islam is given by Holy Prophet (Peace Be Upon Him) in his Khutaba-Hajatul-Wida. He makes all men equal. There are many rights given under Islamic Jurisprudence such as right to security, Justice, equality, etc. 
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    Item Reviewed: Private and Public Rights in islam Rating: 5 Reviewed By: Usman Ali
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