The concept of right (Haqq) in contemporary Islamic jurisprudence: The dubious form and the vacuous substance
Abstract The subject of concern to this paper is the concept of right (haqq) in contemporary Islamic jurisprudence. As to this subject, the paper asserts that it is dubious in form and vacuous in substance. This assertion is not meant to assert that the concept concerned in classical Islamic juri...
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| Language: | English |
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penseejournal.com
2014
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| Online Access: | http://irep.iium.edu.my/36245/ http://irep.iium.edu.my/36245/ http://irep.iium.edu.my/36245/1/pensee-1-Saad.pdf |
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iium-362452018-06-20T08:21:58Z http://irep.iium.edu.my/36245/ The concept of right (Haqq) in contemporary Islamic jurisprudence: The dubious form and the vacuous substance Ansari, Abdul Haseeb Abu Elgasim , Saad K Law (General) KBP Islamic Law Abstract The subject of concern to this paper is the concept of right (haqq) in contemporary Islamic jurisprudence. As to this subject, the paper asserts that it is dubious in form and vacuous in substance. This assertion is not meant to assert that the concept concerned in classical Islamic jurisprudence is not characterized by these characters. That is not because the concept concerned in the jurisprudence concerned, that is classical Islamic jurisprudence, is free from such defects. Instead, that is because the concept concerned in the jurisprudence concerned does not exist at all. What exists, instead, is the concept of hukm shar‘i which is totally different from the concept of right, yet involves a terminology of right in case it is not looked into carefully, one might think, as contemporary Muslim jurists do, that the concept of right exists in Islamic jurisprudence. This paper is of a view that is contrary to that of contemporary jurists and therefore aims at handling the concept disputed over so as to prove its possession of the characters by which it has been described and ultimately deny its existence. To do that, the paper subjects the concept whose existence is denied to a critical analysis after having presented it in a fair descriptive manner showing the way in which right is defined, analyzed and classified. Having done so, the paper arrives at the conclusion that the concept of right in contemporary Islamic jurisprudence is simply an incoherent combination of alien contemporary definitions and indigenous classical regulations. The latter can only be understood within the framework of the classical concept of hukm shar‘i, whereas the former, on the other hand, are either manifestations of the indigenous concept of hukm shar‘i or reflections of alien jurisprudential trends in Western jurisprudence. penseejournal.com 2014-01-07 Article PeerReviewed application/pdf en http://irep.iium.edu.my/36245/1/pensee-1-Saad.pdf Ansari, Abdul Haseeb and Abu Elgasim , Saad (2014) The concept of right (Haqq) in contemporary Islamic jurisprudence: The dubious form and the vacuous substance. Pensee Journal, 75 (1). pp. 352-363. ISSN 0031-4773 http://www.espaces-marx.net/spip.php?rubrique47 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
K Law (General) KBP Islamic Law |
| spellingShingle |
K Law (General) KBP Islamic Law Ansari, Abdul Haseeb Abu Elgasim , Saad The concept of right (Haqq) in contemporary Islamic jurisprudence: The dubious form and the vacuous substance |
| description |
Abstract
The subject of concern to this paper is the concept of right (haqq) in contemporary Islamic jurisprudence. As
to this subject, the paper asserts that it is dubious in form and vacuous in substance. This assertion is not
meant to assert that the concept concerned in classical Islamic jurisprudence is not characterized by these
characters. That is not because the concept concerned in the jurisprudence concerned, that is classical Islamic
jurisprudence, is free from such defects. Instead, that is because the concept concerned in the jurisprudence
concerned does not exist at all. What exists, instead, is the concept of hukm shar‘i which is totally different
from the concept of right, yet involves a terminology of right in case it is not looked into carefully, one might
think, as contemporary Muslim jurists do, that the concept of right exists in Islamic jurisprudence. This paper
is of a view that is contrary to that of contemporary jurists and therefore aims at handling the concept disputed
over so as to prove its possession of the characters by which it has been described and ultimately deny its
existence. To do that, the paper subjects the concept whose existence is denied to a critical analysis after
having presented it in a fair descriptive manner showing the way in which right is defined, analyzed and
classified. Having done so, the paper arrives at the conclusion that the concept of right in contemporary
Islamic jurisprudence is simply an incoherent combination of alien contemporary definitions and indigenous
classical regulations. The latter can only be understood within the framework of the classical concept of hukm
shar‘i, whereas the former, on the other hand, are either manifestations of the indigenous concept of hukm
shar‘i or reflections of alien jurisprudential trends in Western jurisprudence. |
| format |
Article |
| author |
Ansari, Abdul Haseeb Abu Elgasim , Saad |
| author_facet |
Ansari, Abdul Haseeb Abu Elgasim , Saad |
| author_sort |
Ansari, Abdul Haseeb |
| title |
The concept of right (Haqq) in contemporary
Islamic jurisprudence: The dubious form and the vacuous substance
|
| title_short |
The concept of right (Haqq) in contemporary
Islamic jurisprudence: The dubious form and the vacuous substance
|
| title_full |
The concept of right (Haqq) in contemporary
Islamic jurisprudence: The dubious form and the vacuous substance
|
| title_fullStr |
The concept of right (Haqq) in contemporary
Islamic jurisprudence: The dubious form and the vacuous substance
|
| title_full_unstemmed |
The concept of right (Haqq) in contemporary
Islamic jurisprudence: The dubious form and the vacuous substance
|
| title_sort |
concept of right (haqq) in contemporary
islamic jurisprudence: the dubious form and the vacuous substance |
| publisher |
penseejournal.com |
| publishDate |
2014 |
| url |
http://irep.iium.edu.my/36245/ http://irep.iium.edu.my/36245/ http://irep.iium.edu.my/36245/1/pensee-1-Saad.pdf |
| first_indexed |
2023-09-18T20:51:53Z |
| last_indexed |
2023-09-18T20:51:53Z |
| _version_ |
1777410048775946240 |