Fundamental Rights of the Individual

Abstract

Despite the ubiquitous Occurrence of the word huqq in the works ofclassical jurists, a precise definition has never been articulated. Earlier religiousscholars have relied on its literal meaning, while modem scholarshave tried to provide a comprehensive definition. This essay looks intothe definition of haqq and ascertains, on a selective basis, some aspectsthat have engendered controversy and debate. It also discusses the tendencyin Islamic law to place greater emphasis on obligations than onrights. I have attempted to develop a perspective on this and have, in themeantime, ad&essed the suggestion by westem commentators that theShari'ah does not recognize rights, but only obligations.The answers given are partly the outcome of my reflections based onnearly a decade of intermittent research on basic rights and liberties in Islamiclaw. I have tried to advance an understanding of this basic and yetcomplex juridical issue and have related my analysis to the ongoing debateon the general subject of human rights. An adequate understandingof haqq in Islamic law quires looking into sseveral related themes, andmy attempt to do this has enabled me to identify the roots of what I regardto be a petsistent misunderstanding of Islamic law on this subject ...