Fundamental Rights of the Individual An Analysis of Haqq (Right) in Islamic Law

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 ...