Acts, Rights and Obligations
TOPIC: RIGHTS
1. INTRODUCTION
Islam is a complete code of life. It has prescribed rules for the
regulation of individual as well as collective life. These rules are
regarding rights of different men in different walks of life. These
rights reveal what is beneficial and useful and it also
corresponds to a duty on Some person.
The rights in Islam are given by Allah Almighty and enforced and
protected by the state.
Meaning of Right: literally it means, “Right is a power or
privilege to which a person is justly entitled by law.”
Definition: according to Salmond:
“Right is an interest recognized and protected by law respect of
which there is a duty and disregard of there is a wrong.”
2. CLASSIFICATION OF RIGHTS
Rights having regard to the person of inherence, are principally
classified By Muslim jurists into following kinds.
(i) Rights of Allah or public rights- حقوق ہللا
(ii) Rights of men or private rights- حقوق العبا د
3. PUBLIC RIGHTS
Public rights are those rights, which involve benefit to the
community at large and not merely a particular Individual.
These are referred as rights of Allah, because of the magnitude
of the risks involved in their violation and of the comprehensive
Benefits which would result from their fulfillment.
(I) Types of public rights
Public rights may be discussed under the following heads.
(i) Pure right of Allah
There are certain matters which are purely the rights of Allah.
Involving benefit to men generally.
Example: The infliction of the punishment of hadd for theft.
(ii) Mixed right or Allah and men
There are certain matters in which the right of Allah and men
are combined, But the rights of Allah is dominant or
supersedes.
Example:
The right to punish a Slander who imputes unchastity to
another person because it infringed the right of both the
community and an Individual.
(II) Classification of public rights
According to Muslim jurists public rights are classified into the
following categories.
(i) Acts of devotion viz, faith of Iman and the
consequential duties that is prayers, Zakat, Hajj,
Fasting.
(ii) Punishment of perfect nature: These are punishments
which have been prescribed by Almighty. They are
termed as Hudood e.g Zina Theft etc.
(iii) Punishment of imperfect nature: such as depriving a
man who has killed another, of his right of
inheritance, If he be the legal heir of whom he
murdered. These are imperfect as they do not inflict
any physical suffering.
(iv) Matters which have elements of both devotion and
punishment, such as atonements for the non-
discharge of certain obligations.
(iv) Acts of devotion involving an impost consisting in a
obligation to make payments out of one’s possession.
Such as the giving of certain appointed alms at Eid-ul-
fiter.
(v) Imposts having the sense of worship, such as Ushr by
a Muslim owner of lands certain description.
(vi) Imposts having sense of punishment such as Khiraj
and land tax, originally leviable from non-Muslim
(vii) Acts or rights which exits by themselves. These are
the rights in respect of which there are the rights In
respect of which there are no active duties imposed
on any particular individual for example con fifth of
the Booty obtained in religious wars which are
reserved by law for distribution among the poor.
4. PRIVATE RIGHTS
Private rights are those rights which involve benefit of an
individual.
(I) Types of private rights
Private rights may be discussed under the following heads.
(i) Pure rights of individual
There are certain matters which are entirely the right of
individual men.
Example:
Right to the enforcement of contract. The enforcement of this
right is entirely at the option of the individual whose right is
infringed.
(ii) Mixed rights of Allah and men
There are certain matters in which rights of Allah and men are
combined but the right of men, that is, private right is dominant
or supersede,
Example:
Qisas, which is a punishment for murder or voluntary hurt
comes into this category, and the person Injured may pardon
the offender.
(iii) Classification of private rights
(i) Rights to safety of person
(ii) Right to reputation
(iii) Rights of ownership
(iv) Family right-including
(a) Marital rights
(b) Rights of guardianship
© Right of children and poor relatives
(d) Right to succession and inheritance
(v) Right to do lawful acts
(vi) Right to contract
5. DIFFERENCE BETWEEN PUBLIC AND PRIVATE RIGHTS
The main difference between public and private rights are as
under.
(I) As to enforcement
Public right is enforced by the state while the private right is
enforced at the option of the party whose private right is
infringed.
(II) Pardon or condonation
Public right cannot be waived or pardon or condoned while in
private right, whether to pardon the wrong-doer or to insist
upon redress.
6. GENERAL DIVISIONS OF PUBLIC AND PRIVATE RIGHTS Public
and private rights, generally divided into Following classes.
(i) Independent and dependent rights
(ii) Original and substitutory rights
(I)Independent and dependent rights:
Independent rights are those which imposes no corresponding
obligation on any particular individual, through it is a duty of all
alike not to infringe it. In English jurisprudence, it is called right
in rem. Dependent rights are those, that exist against a
particular person who is under towards the possessor of the
right. In English jurisprudence it is called right in personum.
(II) Original and substitutory rights
The jurists further classified rights into original and substitutory
rights. For instance, the right of God to require the performance
of ablution with water before he says prayer is an original right,
but in case of sickness, ablution by rubbing one’s hands and
face with earth is allowed as substitute. In English
jurisprudence, this is called antecedent and remedial right.
7. CONCLUSION
To conclude, I can say, that the rights are useful and necessary
for the individual, for the society and for the state. Islamic law
provides certain rights which are described as public and
private, and these are based on Haqooq Allah and Haqooq-
ulAbed. Haqooq Allah are rights of Allah corresponds to public
rights because it is welfare of the society at large.
