Private and Public Rights
1. Introduction:
In Islam rights and obligations are considered interlinked and interdependent. Generally, rights
are divided into two kinds i.e., Haqooq Allah and Haqooq al Ibad or Rights of God and Rights of
Men respectively. Right 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 dignity and equality of mankind. Islamic law provides us the right
of equality, right to justice, right to personal freedom, etc which is discussed as under.
2. MEANING OF RIGHT:
(i)Literal Meaning
Literally it means, "An interest".
(ii)Legal Meaning
"Right is the interest which is roper under law morality and the ethics"
(BLACK'S LAW DICTIONARY)
3. DEFINITION OF RIGHT
(i) 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".
(ii) HOLLAND (1859-1926)
"Right is freedom allowed and power conferred by law".
4. RELEVANT TERMS WITH REGARD TO RIGHT
(i) Wrong
A wrong act contract to law. (Salmond 1862-1924).
(ii) Duty
According to Salmond, duty is the obligatory act.
5. ISLAMIC CONCEPT ABOUT RIGHTS
the concept of rights in Islam is basically based on human honor and equality of all mankind.
Quran says, "We have given to mankind dignity and honor over all of His creations".
6. CLASSIFICATION OF RIGHTS IN ISLAMIC LAW
According to majority of Muslim jurists, rights are classified into two kinds are;
i) HAQOOQ ALLAH (RIGHTS OF GOD)/ Public rights
Following are rights of God;
a)Right to Prayer (Salat)
b)Right to give Zakat
c) Right to perform Haj
d) Right to equality
e) Taxes imposed on
Muslims i.e., Zakat, Ushar etc
f) Taxes imposed on Non-Muslim i.e., Jizya, Khirai etc
ii) HAQOOQ AL-IBAD (RIGHTS OF MEN)/ Private rights
Following are the rights of men:
a) Right to Protection of Life;
b) Right to Property:
с) Right to Honour;
d) Protection of family rights
e) Rights to do lawful acts
f) Rights to do contract etc
g) Right to personal freedom
h) Freedom of religion
i) Freedom of expression
j) Right to freedom of work
7. FUNDAMENTAL HUMAN RIGHTS IN ISLAM
Following are the fundamental right of human in Islam;
Security of Person
This is the first fundamental right. 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 take life 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.
Quran says, "Let there is no compulsion in religion"
"2: 257”
Protection to Dignity or Honor
The Holy Quran said, "No man or woman should ridicule, deride, defame or insult others Even
suspicion, spying and backbiting have been declared crime and sin because they bring generally
dishonor to one's person"
Right to Justice
Under the Islamic system, judiciary is independent of executive or legislature. Everyone is equal
before law either he is an ordinary citizen or a caliph. Quranic Reference:
"If you have made judge in mankind, then do just".
(Surah Al-Nisa : 58)
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
government. A poor woman had made an enquiry to Caliph Umar (R.A) about cloth sheets.
Hence, the people check and control the functions of Government 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 profession freely and sources of income
which one likes. Prophet (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".
Right to personal freedom
Right to personal freedom means that no one may be wrongfully arrested or detained or
imprisoned except in accordance with laws of State.
Property rights
Islam allows an individual to acquire property whether they are moveable or immoveable
through lawful means. Islam allows a person to own, possess and enjoy his wealth, which has
been acquired by him through lawful means. 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 your 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".
8. Conclusion
Hence for final analysis, we can say that, right is an interest which is ited by law. Islam is a
religion which is based upon equality and justice. Concept of Islam is given by Holy Prophet
(Peace Be upon Him) in his aba-Hajatul-Wida. He makes all men equal. There are many rights
given Islamic jurisprudence such as right to security, justice, equality, etc.
