Oxford Law College Okara
Islamic Jurisprudence Rai Waseem Gulzar Adv.
LLB Part II LLM, Gold Medalist PU
03464597779
Question
What is meant by Public and Private Rights and its
obligations?
1. Introduction
Islam is complete code of life which protects the rights of the human being for better
service. Islam has provided rules and regulations for individual and collective life and these rules
are rights of men for all aspects of life. All person have different rights with different duties which
has been imposed upon them against other one’s right
2. Meaning of Right
Right means “a moral or legal entitlement to have or do something.”
3. Definition of Rights
Rights are the benefits of the people of any state which has been protected by law to
facilitate the mankind
4. Islamic concept about rights
The concept of rights in Islam is basically based on honor and equality of all mankind.
5. Kinds of Rights
According to majority of Muslim jurists there are two types of Rights are as under
i. Public Rights
ii. Private Rights
A . Public Rights
Public rights are those rights, which are only related to Almighty Allah and are not related
to persons.
1. Pure Rights of Allah
There are certain matter which are the rights of Allah for benefit to men.
2. Mixed Right of Allah and Men
There are certain matters in which right of ALLAH and men are combined. But the
rights of ALLAH dominates on men rights
Example:
The right to punish the slander who blames unchastely to another person. Because
he trespassed the right of community and individual both.
Examples of Public Rights:
1. Prayer (Salat)
2. Zakat
3. Haj
4. Equality
5. Punishment (Hadd) is enforced
6. Taxes imposed on Muslims i.e., Zakat, Ushar etc
7. Taxes imposed on Non-Muslim i.e., Jizya, Khiraj etc
B. Private Rights
Private rights are those rights, which are only related with people but some of rights related
to both Allah and Men.
The Prophet Muhammad (peace be upon him) said,
"The most beloved of people to Allah are those who are most beneficial to people."
(Al-Mustadrak Al-Hakim)
1. Pure Rights of individual
There are certain matters which are the rights of individual men
Example:
The enforcement of this right is only upon the option of individual whose private
right has been violated.
2. Mixed Rights of Allah and men
There are certain matters in which rights of ALLAH and men are combined. But
the rights of men, that is private right, supersedes on the rights of ALLAH
Example:
Qisas which is a punishment for murder, Qisas comes into this category that the
person injured may pardon the offender
Examples of Public Rights:
1. Protection of Life
2. Protection of Non-Muslims
3. Protection of Family
4. Rights of Neighbor.
5. Permission to Perform Lawful acts
6. Permission to do contract etc.
7. Personal Freedom
8. Freedom of Religion
9. Freedom of Expression
10. Freedom of Work
6. General Divisions of Rights
Public and private rights are divided into following classes
1. Independent Rights
Independent rights are those rights which creates and obligation upon any particular
individual to perform certain duties
2. Dependent Rights
Dependents rights are those rights which creates an obligation upon any individual
to perform certain duties.
7. Obligations in Islamic Law
Obligations are divided into two categories in Islamic law: obligations to God and Obligations to
other people. Obligations are responsibilities that individuals have towards God and towards other
people. They are divided into two categories:
i. Obligations to God
ii. Obligations to Other People.
7.1 Importance of Obligations in Islam
Obligations are seen as a means of developing a closer relationship with God and
of fulfilling ethical and moral responsibilities.
7.2 Examples of Obligations to God
Examples of obligations to God include the five pillars of Islam, as well as other
acts of worship such as reciting the Quran etc.
7.3 Examples of Obligations to Other People
Examples of obligations to other people include treating others with kindness and
respect, taking care of one's family, and fulfilling one's financial obligations to others.
8. Conclusion
Right is an interest which is protected by rule of law. Islam is a religion which is based
upon equality and justice. This concept of Islam is given by Holy Prophet (Peace Be upon Him)
in his Khutaba-Hajatul-Wida. . Holy Prophet (P.B.U.H) makes all men equal. There are many
rights given under Islamic Jurisprudence. Such as right to security, justice, equality etc.
