Fundamental Rights of the Individual

Abstract

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 ...