Fundamental Rights of the Individual
Despite the ubiquitous Occurrence of the word huqq in the works of classical jurists, a precise definition has never been articulated. Earlier religious scholars have relied on its literal meaning, while modem scholars have tried to provide a comprehensive definition. This essay looks into the defi...
Guardado en:
| Autor principal: | |
|---|---|
| Formato: | article |
| Lenguaje: | EN |
| Publicado: |
International Institute of Islamic Thought
1993
|
| Materias: | |
| Acceso en línea: | https://doaj.org/article/cf2570deb0b740019c8240c0d429e887 |
| Etiquetas: |
Agregar Etiqueta
Sin Etiquetas, Sea el primero en etiquetar este registro!
|
| id |
oai:doaj.org-article:cf2570deb0b740019c8240c0d429e887 |
|---|---|
| record_format |
dspace |
| spelling |
oai:doaj.org-article:cf2570deb0b740019c8240c0d429e8872021-12-02T19:40:12ZFundamental Rights of the Individual10.35632/ajis.v10i3.24912690-37332690-3741https://doaj.org/article/cf2570deb0b740019c8240c0d429e8871993-10-01T00:00:00Zhttps://www.ajis.org/index.php/ajiss/article/view/2491https://doaj.org/toc/2690-3733https://doaj.org/toc/2690-3741 Despite the ubiquitous Occurrence of the word huqq in the works of classical jurists, a precise definition has never been articulated. Earlier religious scholars have relied on its literal meaning, while modem scholars have tried to provide a comprehensive definition. This essay looks into the definition of haqq and ascertains, on a selective basis, some aspects that have engendered controversy and debate. It also discusses the tendency in Islamic law to place greater emphasis on obligations than on rights. I have attempted to develop a perspective on this and have, in the meantime, ad&essed the suggestion by westem commentators that the Shari'ah does not recognize rights, but only obligations. The answers given are partly the outcome of my reflections based on nearly a decade of intermittent research on basic rights and liberties in Islamic law. I have tried to advance an understanding of this basic and yet complex juridical issue and have related my analysis to the ongoing debate on the general subject of human rights. An adequate understanding of haqq in Islamic law quires looking into sseveral related themes, and my attempt to do this has enabled me to identify the roots of what I regard to be a petsistent misunderstanding of Islamic law on this subject ... Mohammad H. KamaliInternational Institute of Islamic ThoughtarticleIslamBP1-253ENAmerican Journal of Islam and Society, Vol 10, Iss 3 (1993) |
| institution |
DOAJ |
| collection |
DOAJ |
| language |
EN |
| topic |
Islam BP1-253 |
| spellingShingle |
Islam BP1-253 Mohammad H. Kamali Fundamental Rights of the Individual |
| description |
Despite the ubiquitous Occurrence of the word huqq in the works of
classical jurists, a precise definition has never been articulated. Earlier religious
scholars have relied on its literal meaning, while modem scholars
have tried to provide a comprehensive definition. This essay looks into
the definition of haqq and ascertains, on a selective basis, some aspects
that have engendered controversy and debate. It also discusses the tendency
in Islamic law to place greater emphasis on obligations than on
rights. I have attempted to develop a perspective on this and have, in the
meantime, ad&essed the suggestion by westem commentators that the
Shari'ah does not recognize rights, but only obligations.
The answers given are partly the outcome of my reflections based on
nearly a decade of intermittent research on basic rights and liberties in Islamic
law. I have tried to advance an understanding of this basic and yet
complex juridical issue and have related my analysis to the ongoing debate
on the general subject of human rights. An adequate understanding
of haqq in Islamic law quires looking into sseveral related themes, and
my attempt to do this has enabled me to identify the roots of what I regard
to be a petsistent misunderstanding of Islamic law on this subject ...
|
| format |
article |
| author |
Mohammad H. Kamali |
| author_facet |
Mohammad H. Kamali |
| author_sort |
Mohammad H. Kamali |
| title |
Fundamental Rights of the Individual |
| title_short |
Fundamental Rights of the Individual |
| title_full |
Fundamental Rights of the Individual |
| title_fullStr |
Fundamental Rights of the Individual |
| title_full_unstemmed |
Fundamental Rights of the Individual |
| title_sort |
fundamental rights of the individual |
| publisher |
International Institute of Islamic Thought |
| publishDate |
1993 |
| url |
https://doaj.org/article/cf2570deb0b740019c8240c0d429e887 |
| work_keys_str_mv |
AT mohammadhkamali fundamentalrightsoftheindividual |
| _version_ |
1718376289889419264 |