OWNERSHIP:

Some of the most important objects to which a man’s worldly desires relate and which reference to which men deal
with one another are regarded in law as the subject of Mild (Sub) which is usually translated as ownership. His proper
subject matter of milk is physical objects, but the word as used by the jurists covers a wider range of ideas than those
included in merely proprietary rights. So long as this is borne in mind there is no harm in adopting word “Ownership” as
nearest English equivalent of ‘milk’.

DEFINITION:
1. JARDRI’SH-SHARIAT: Ownership is “expression of the connection existing between a man and a thing which is
under his absolute power and control to the exclusion and disposition by other.”
2. TAFTARANI: Ownership is “the power of exclusive control and disposition.”
3. AL MUJALLA: To denote a thing itself over which right or power of malik or owner extends.
A. MILK: It means “Ownership” and signifies thing itself over which right or power of “malik” extends.
B. MALIK: The person who has exclusive power, control and dispositions is called the malik.
C. MALL: The thing over which the juristic conception ‘milk’ extends may be ‘mal’ that is physical object, or what is
connected therewith, namely useful (manafat) either in the shape of produce of a physical object or of laborer or
services of man, or muta’t is right to conjugated society, the last forms subject of manakihat or matters relating to
marriage and will be dealt with as subject of family laws.

KINDS OF MALL:
 Moveable and Immoveable
 Similar and Dissimilar
 Specific and Indeterminate

KINDS OF OWNERSHIP:
 Milk-ul-raqaba: Right of the proprietor to a thing.
 Milk-ul-yadd: Right of being in possession.
 Milk-ul-tasarruf: Right of disposition.
 Disposal and Joint Ownership

MODES ACQUIRING OWNERSHIP:

 Ahraz or Original Ownership: Fishes in Sea, Trees on Mountains
 By Naql or Voluntary Transfer: Sale, Hiba, Waqf, and Bequest.

 Khalf or succession: Jiadaaad

 Prescription: The role that the passage of time plays in the making and ending of certain rights.

MODES OF LOSING ACQUISITION:

 By Sale
 By Gift
 By Death of Owner
 By Operation of Law

CONCLUSION:
Ownership is true power of exclusive control and disposition. Therefore the owner of property has full power to use
according to his will.

LEGAL CAPACITY
Nature has given human beings a capacity to demand their rights and to fulfill their duties. And such capacity is given
either through inheritance or by birth. However, there are some factors and circumstances, which affect such kind of
capacity. In other words, it is not necessary that every person possesses such kind of capacity.

DEFINITION:
“The fitness of a person for the application of law to his action is legal capacity”.

KINDS OF LEGAL CAPACITY

1. Receptive: It is the capacity for inherence of rights and obligations.
2. Active: It is capacity for exercise of rights and discharge of duties.
 Complete Capacity
 Imperfect Capacity

PERSONS OF FULL CAPACITY:

1. Mature age.
2. Free understanding
3. Muslim faith.
4. Not seized with death illness, and
5. Not seized with solvency

FACTORS AFFECTING LEGAL CAPACITY:

1. NATURAL FACTORS OR CIRCUMSTANCES / SAMAWI

 Death Illness  Forgetfulness

 Idiocy  Minority
 Insanity  Sleeping
 Infancy

2. MAN MADE FACTORS OR CIRCUMSTANCES / MAKSOOBA

 Forceful Intoxication
 Insolvent: Unable to pay debts owed.
 Slave
 Non-Muslim
 Apostate: A person, who leaves Islam and adopts another religion.
 Ignorance of law
 Ignorance of fact

CONCLUSION:
To conclude, it can be stated that it is through legal capacity of a person that it is determined whether law is applicable
to his/her acts or not. If a person’s legal capacity is defective one, he/she will not be fit for application of law to his/her
acts. The reason is that application of law is only possible to his/her acts when his/her legal capacity is not defective one.
QURAN:
There are three primary sources of Islamic law. Out of these primary sources, Quran is considered as the first primary or
fundamental source of Islamic Law. The Quran is the revealed Book of God. The basic source of Islamic Law is divine
revelation. This has been given to us by the Prophet (Peace Be Upon Him) in two forms. One is the direct words of God
(The Quran), other is indirect words of God (The Sunnah). These two forms of revelation are called roots of Islamic Law.
It is the only Book of God which has not been distorted as He Himself undertook its safety.

MEANING:
The term “Quran” is derived from the Arabic word, “Qura’a”. The Term Quran is used in two meanings.
 As participle (To Read), and
 As an Object (a thing which is read).

REVELATIONS:
The Holy Quran was revealed approximately in twenty-three years according to needs of the peoples, Eighty-sex (86)
Surahs were revealed in Makkah, so that these Surahs were called Makkahi and twenty-eight (28) Surahs were revealed
in Medina, so that these Surahs were called Madani. The first revelation comes to the Holy Prophet Muhammad (SAW)
when he was forty years of age. Following verse of Surah “Al-Alaq” was revealed on him:
 “Read in the name of the Lord, who create the man from a clot”

NAMES OF QURAN:
There are 55 alternative names of the Holy Quran such as;
 Al-Kitab;  Al-Noor;  Al-Hadith
 Al-Furqan;  Al-Mobeen;

COMPILATION OF QURAN:
The Holy Quran was completely compiled in written form during the life time of Prophet (SAW). Quranic References;
 “We are responsible for its compilation”. (75:17)
 “Only the clean should touch it”. (56:79)

SALIENT FEATURES OF QURAN:

 Unlimited  Absolute  Dynamic and Organic
 Comprehensive  Unconditional  Duty of Protection

CONTENTS OF THE HOLY QURAN:

 Stories: Quran narrates stories of past prophet and people andthe punishment inflicted on the wicked in the past.
 Seen and Unseen: It tells about the seen and unseen, Allah, the Angels, the life after death, Day of Judgment etc.
 Create of universe: The Holy Quran gives account of the Heaven, earth and of man himself.
 Code of life: The Holy Quran a complete code of behaviour good, injections, and teachings in regards to social,
lawful, economic and political matters.

AHKAM IN THE HOLY QURAN:

 Hukam Taklifi: To create an obligation for commission or omission of an act.
 Hukam Wadi: To Provide criterion for judging whether an act perform is valid or not.

KINDS OF AHKAM UL QURAN:

1. Pertaining to Faith
2. Pertaining to Ethics
3. Pertaining to Practical Life
 Pertaining to Ibadaat
 Pertaining to Maamlaat
o Family Matters: 70 Injunctions
o Civil Matters: 70 Injunctions
o Constitutional Matters: 25 Injunctions
o International Matters: 25 Injunctions
o Penal Matters: 30 Injunctions
o Judicial Matters: 13 Injunctions

IMPORTANCE:
1. Revealed Book 6. Not limited to one race or region
2. Order of God 7. Duties with regard to Allah
3. Complete Code of Life 8. Offer Solutions to problems
4. Unique Book 9. Swept away superstitions
5. Fountain head of knowledge 10. Beyond from doubt

CONCLUSION:
To conclude, it can be stated that Holy Quran is consisted of such directions and commands of God, which are
indiscriminately same for all portions of human society and all regions of the world. The reality is that no other book has
so far provided and interpreted laws in such definite and impartial manner in which the Holy Quran has provided and
interpreted the law. Due to these features and above-mentioned ones, the Holy Quran is considered as first primary or
fundamental source of Islamic Law.
SUNNAH
The Sunnah (the actions, sayings and approvals of Prophet Muhammad SAW, is the second source of Islamic legislation
and must be in complete agreement with the first source (i.e. the Quran). The term Sunnah comes from the root word
‘sanna’, which means to pave the way. Sunnah can be used to describe a path that people follow. In Islamic terminology,
Sunnah applies to a prophetic way which includes references to the Prophet’s sayings, actions, approvals, physical
features and character traits.
IN SIGHT OF QURAN:
 Allah, The Almighty, Says (what means): “…And whatever the Messenger has given you – take; and what he has
forbidden you – refrain from…” [Quran 59:7]
 Allah also Says (what means): "But no, by your Lord, they will not [truly] believe until they make you [O Muhammad]
judge concerning that over which they dispute among themselves and then find within themselves no discomfort
from what you have judged and submit in [full, willing] submission.." [Quran 4:65)
 Again, Allah Says (what means): "It is not for a believing man or a believing woman, when Allah and His Messenger
have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah
and His Messenger has certainly strayed into clear error." [Quran 33:36]
IN SIGHT OF HADITH:
 “Pray as you see me praying.” [Al-Bukhari]
 “Whosoever does a good Sunnah will get the reward for it and the reward of others who followed him in doing the
same thing until the Day of Judgment. And whosoever does a bad Sunnah will have the punishment of doing it and
the punishment of others who followed him in practicing it” (Muslim).
 Follow my Sunnah and the Sunnah of the righteous Caliphs after me.
SCOPE OF SUNNAH:
 Elaboration of unelaborated Ahkam  To make implicit Ahkam explicit
 To make absolute declaration qualified  To add the legal provisions of Quran
 To make the general Ahkam specific

TYPES OF SUNNAH:
ACCORDING TO NATURE:
 SUNNAH QAWLIYYAH - the sayings of Muhammad, generally synonymous with “hadith”, since the sayings of
Muhammad are noted down by the companions and called “hadith”.
 SUNNAH FIILIYYAH - the actions of Muhammad, including both religious and worldly actions.
 SUNNAH TAQRIRIYYAH - the approvals of the Islamic Prophet regarding the actions of the Companions which
occurred in two different ways:
o When Muhammad kept silent for an action and did not oppose it.
o When the Islamic Prophet showed his pleasure and smiled for a companion's action.
ACCORDING TO AUTHENTICITY:
 Continuous  Famous  Isolated
ACCORDING TO NARRATION:
 Connected  Disconnected
IMPORTANCE AS A SOURCE OF ISLAMIC LAW:
 Hidden Revelations  Essentials to understand Quran
 Order of God  Source of Unity of Ummah
 Order of Prophet  Basic Source of Islamic Law

IJMA:
After Holy Quran and Sunnah, it is considered as a source of Islamic Law and was started after the demise of the Holy
Prophet. However, origin of Ijma can be traced out in Holy Quran and Sunnah. In fact, both Holy Quran and Sunnah give
permission to find out solution of some matter for which the Holy Quran and Sunnah have never provided any solution.

MEANING:
 Literal Meaning: Literally meaning agreeing upon.
 Legal Meaning: “The consensus of a jurist of a certain period of the Muslim community over a certain religious
matters”. (MUSALLIM-AL-THABAT V.2, P.211)
 Technical Meaning: It’s means, “determination and consensus” or the collection of several things way of believers.
 Understood Meaning: “It is a consensus of majority opinion of the persons (Muslim Jurists) competent to Ijma
regarding religious issue of legal nature”.

DEFINITION:
1. Sheikh Muhammad Khazi: “The agreement of jurists from the Ummah upon a matter of human Shari”.
2. Sir Abdur Rahim: “Ijma is defined as agreement of the jurists among the following of Muhammad in a particular age
on a question of law”.

IN THE LIGHT OF QURAN:

1. “If you have differed among anything, then refer it to Allah and His Messenger” (SURAH AL-NISA: 59)
2. “Whoever Obey Prophet (Peace be upon him), he indirectly obeyed Allah”. (SURAH AL-NISA: 80)

IN THE LIGHT OF SUNNAH:

Prophet Muhammad (SAW) said, “My people will never agree on erroneous things”.

RECOGNITION:
1. SHAFI SCHOOL: They recognize the consensus or agreement of opinion of the whole ummah i.e., Ijma al Ummah.
2. MALIKI SCHOOL: They recognize the Ijma of companions and their successors living in Medina, without reference
to the opinions of others. Thus they recognize Ijma al Medina.
3. SHAI SCHOOL: They hold that only binding Ijma is that done by Ahal-i-Bayt thus they recognize Ijma Ahal-i-Bayt.
4. HANBALI SCHOOL: They recognize the Ijma of companions and their successors but they also recognize Ijma by
jurists of the Modern age i.e. Ijma al Sahabah and al Mujahedeen.

KINDS OF IJMA:
1. Explicit: where jurists clearly express their views regarding an issue under discussion.
2. Tacit: Where a jurist is quiet regarding the Ijma upon a rule, his consents is considered to be with the majority.
3. Regular: Where the Muslim jurists express their views regarding a question of law and all agreed to it.
4. Irregular: Where jurists resolve an issue and all remains silent is irregular Ijma.
5. Al Rukhsah: There is no consensus or agreement between the mujtahids but the community as a whole accepts the
decision given by some mujtahids.
6. Al Fail: Where jurist does something and one or more jurists question him on the act.

WHO MANY PARTICIPATE IN IJMA:

The Four Sunni schools agree that only Mujtahids can participate.

QUALIFICATIONS OF MUJTAHIDS:
1. Knowledge of Quran
2. Knowledge of Sunnah
3. Knowledge of Ijma and Qiyas
4. Knowledge of Maqasid-al-Shariah
5. Knowledge of Islamic Jurisprudence
6. He must be trustworthy
7. He must be an adult
8. He should be a Muslim
9. He should be able to interpret Quran and Sunnah
10. He must have knowledge of Arabic language
11. He should be able to differentiate between false and authentic Hadith
12. He should be wise and pious person

CONDITIONS FOR VALID IJMA:

1. Ijma Among MUJTAHIDS
2. Unanimous Agreement
3. Jurists must be from Ummah Muhammad SAW.
4. Single Determined Period
5. Upon a rule of law
6. Should have relied upon Sanad

HOW IJMA IS CONDUCTED:

1. By Words
2. By Practice

IJMA AS A SOURCE OF ISLAMIC LAW:

1. Enforcement of Orders of QURAN and Sunnah
2. Interpretation of Shariah
3. New Legislation can be carried out
4. Preference on one of the companions over the other
5. Ijma of Sahabah (KHULFA E RASHEDEEN)

REPEAL OF IJMA: If Ijma had done by companions then it can only be repealed by Jurists of that age.

SANAD OF IJMA: Sanad is evidence upon which jurists rely while arriving at consensus. Each Ijma must have Sanad. If
Ijma is without Sanad or evidence, it would be termed as ra’ay (opinion) and would be rejected by Shariah.

CONCLUSION:
Hence for final analysis we can say that, Ijma is important for solving problems of changing society. It is the valid
secondary source of Islamic law and it is an agreement among Mujtahids who belongs to the Ummah of Muhammad
(SAW), after his death in a determined period upon a question of law.

IJTIHAD:
Usually, it is believed that the Muslim scholar must try his best to find out solution for a matter in the light of Holy Quran
and Sunnah especially when such matter is not resolved expressly in the Holy Quran and Sunnah and through Ijma. This
is the doctrine of Ijtihad and the same is recognized by the four Sunni School of thought. The different forms of Ijtehad
are Istehsan, Mesaleh Mersela, Istajab and Istedlal. Ijtehad is considered as living source of Islamic law.

MEANING:
 Literally Meaning: Literally Ijtihad means “the expanding of the maximum effort in performance of an act or job”.
 Linguistic Meaning: It has been derived from an Arabic word “Jehid” which means to struggle or to strive hard.

DEFINITION:
 General Definition: “Ijtihad is the general process of Juristic endeavor to ascertain the terms of Shariah law”.
 Al-Ansari: “Ijtihad means to strive hard to know the rules of Shariah”.
 According to FARUKI, the concept of Ijtihad defines as, “systematic reasoning and disciplined striving”.

IN THE LIGHT OF QURAN:

 “And those who strive in our (Cause), we will certainly guide them to our Paths for verily Allah is with those who do
right”. (29:69)
 Nor should the believers all go forth together, if a contingent from every expedition remained behind they could
devote themselves to studies in religion and admonish the people when they return to them, that thus they (may
Learn) to guard themselves (against evil)” (9:122)

LIMITATIONS:
1. Explicit and Clear Rule: There is no Ijtihad where rule in text is explicit. In other words, when rule in text is so clear
that more than are meaning cannot be derived from it, the jurists is prohibited from under taking Ijtihad on that.
2. Interpretations: While arguing from The Holy Quran it is imperative to interpret the meaning of a verse in
accordance with the requirement of the languages.
 It cannot be exercised on the verses of The Holy Quran
 It cannot be exercised on Mutawatir Sunnah
 It cannot be exercised on Moral truths
 It cannot be exercised of five pillars of Islam
 It cannot be exercised on all definitive rules of Islam

KIND OF IJTIHAD
1. AL-BAYANI: This kind elaborates the meaning of Ijtihad and makes it evident.
2. AL-QIYASI: This kind is usually called Qiyas. It is literally means judging the things on basis of equality and analogy.
3. AL-ISTISLAHI: A specific problem arises which has no identical precedent on authority of some principles of law.
EXAMPLES OF IJTIHAD DURING THE TIMES OF THE CALIPHS:
 Hazrat Abu Bakr (R.A) exercised Ijtihad when he decided to wage war against those tribes who refused to pay Zakat.
 The Second Caliph Umar (R.A) prohibited selling of any slave girl who was the mother of child.
 He stopped giving Zakat that was given to the new converts to incline their hearts towards Islam, as he held that
Islam was now strong and did not need this incentive for the new converts.

QIYAS:
Qiyas is an analogical deduction from the above three sources of law. It is use of Human reasoning to compare on
existing situation with one for which the legislation already exists. If a problem arises, which none of these have dealt
directly then the scholars try to find a law in any of them, which has a similar cause, and classify the problem in the same
manner. Imam Abu Hanifa was the first to adopt this method for formulating law.
The Holy Quran has recognized the exercise of private judgment. The Quran says, “They have hearts wherewith they
understand not eyes wherewith they see not and ears wherewith they hear not. They are as cattle nay more misguided
for they are heedless (of warning)”.

IN LIGHT OF QURAN AND SUNNAH:

 “We have sent down to you the book as an explanation for everything”. (16:91).
 The Prophet (S.A.W) said, “The affairs of the sons of Israel have continued to prosper until there multiplied among
them the children of the war captives, for these have measured (qasu) what did not exist on the basis of what did
exist, and they have erred and led others into error.”
 “Take warning then O you with eyes (to see).” (59:2).

TYPES OF QIYAS:
1. QIYAS JALI: Manifest
2. QIYAS KHAFI: Concealed

COMPONENTS OF QIYAS:
 ASL (ROOT): The fundamental teaching on which Qiyas is based
 FARRAH (BRANCH): The subsidiary, the new condition in question
 ILIA: The cause that connects both the cases
 HUKM: The law that is extended to the new case
This may be illustrated by the following example
 The fundamental teaching. The Prophet (S.A.W) said “Every intoxicant is Khamr so every intoxicant is haram”.
 Farrah the (subsidiary) :L.S.D cocaine opium and all other drugs
 Ilia (the cause) connecting them: intoxication
 Hukam (Law): all these drugs are declared haram (forbidden)

CONDITIONS OF QIYAS:
 Value such as prohibition which is to be extended to new situation should not be expressly limited to original case.
 That the value of the original case should not have been against the rule of analogy.
 The value whose extension to a new Shariah value is sought should be Shariah established by the Quran Sunnah or
Ijma but not another Qiyas.
 The application of Qiyas should not result in the altering of the prescription because it would be altering the divine
prescription on the basis of personal judgment.

EXAMPLES OF LAW DERIVED BY QIYAS:

 Drugs like marijuana, LSD, cocaine and opium were not found during the time of the Prophet (S.A.W) so nothing
directly was said about them. However, the Prophet (S.A.W) had said, Every intoxicant is Khamr, so every intoxicant
is Haram”.

SOURCES OF REVENUE:
The Islamic state is a tax Free State, but in order to meet the expenditures of state machinery some taxes are levied of
the excess wealth of the people for the welfare of the state and the community. The Holy Quran says:
“And in their wealth there is a right of him, who asked him and who was (for some reason) prevented from wealth.”

SOURCE OF REVENUE:
 A sort of religious revenue from the Muslims alone.
 A sort of secular revenue collected primarily from non-Muslims.

1. ZAKAT:
It is a tax imposed on Muslims alone and the payment of it is regarded as obligatory act. It may be realized by the
state by enforcement of state machinery or measures as it was done by Hazrat Abu Bakar (R.A). But now a days it is
left to the religious sense of each Muslim whether to pay Zakat or not. It is levied on man’s property exclusive of
land property such Gold, Silver, Cattle, Goods of Mercantile, provided it reaches to a certain nisab.
Nisab: The Nisab is 2.50% of property falling in nisab. Examples or limits of property falling in nisab are.
 Gold: 3/10 ounce of 7-1/2 totals and Silver: 21 ounce or 52-1/2 Totals.
 Camels: One Goat is to be levied on every five camels.
 Goat: On 40 Goats one goat as Zakat.
2. USHR:
Ushr is derived from an Arabic word which means Ten (10). Ushr is 1/10th of the agriculture produce from the land
of a Muslim i.e.
 1/10th on naturally irrigated land e.g. by rain, flood water;
 1/20th on artificially irrigated land e.g. by canals, wells.
3. KHIRAJ:
It is generally levied on the land of non-Muslims i.e. on such land which after conquest were allowed to remain in
the hands of original owners.
 Proportional Khiraj: It is levied with a certain portions to the produce of land.
 Fixed Khiraj: Fixed Khiraj is levied as a fixed rate on per unit area; and is fixed according to the tax bearing
capacity of each individual. “In any case fixed Khiraj should not exceed one half of the produce, and if the entire
crop is destroyed by unforeseeable natural consequences, the Khiraj cases to be payable that year”.
4. KHUMS: Literal meaning of Khums is five (5) in Arabic, it is 15th taken as a tax.
5. JAZYA: Jazya is the tax levied on non-Muslim Zimmis who surrender themselves to a Muslim state for protection of
their land, person, property and administration of their religious law.
6. RUKAZ: It is recoverable on the assets obtained accidentally through mines, or hidden assests.
7. FAI: Wealth obtained from belligerent state without war.
8. WAKF: Wakf is the donation of the property in favour of the Government for the welfare of the society.
9. LUQTA: Luqta means unclaimed property to which there is no claimant, such properties remain with the
Government till the discovery of the real owner.
10.ARZ-ANWAL: The land of captured area and their income is also a source of revenue.
11.SADQAT: The waqf of a property of non-payment nature
12.MODERN SOURCE: Wealth tax, Income Tax, Property Tax, custom Duty, Import/Export Duty, Sales Tax,
Registration fees, etc.

CONTRACT:
The most important and prevalent mode of acquisition of ownership and possession of property is transfer by the act of
the persons, having legal title to another person. Such transfer is implemented by means of a mutual liability called
contract, which has a broader significance in Muhammadan Law than in English Law.

MEANING:
 Derivation: The corresponding Arabic term for “Contract is ‘aqd’.”
 Linguistic Meaning: Literally ‘aqd’ means ‘conjunction or tie.’
 Legal Meaning: As a term of Islamic jurisprudence ‘aqd’ means conjunctions of the elements of disposition, namely,
proposed (Aijab) and acceptance (qubool).

DEFINITION:
 Article 3 of “Al Mujalla”: The obligations and engagements of two contracting persons in respect of particular
matter. It expresses combination of offer and acceptance.
 Sir Abdul Rahim: A contract is “The conjunction of the elements of disposition namely offer and acceptance.”

CONTRACT IN THE LIGHT OF THE HOLY QURAN:

 “And keep the covenant, Lo! Of the covenant it will be asked”. (BANI – ISRAIL:34)
 “O ye who believe fulfill your agreements”. (Al-Maidah:1)

CONTRACT IN THE LIGHT OF HADITH

 Prophet (SAW) said “The Muslims will fulfill their settled contracts”.
ESSENTIALS OF CONTRACT:
1. Faa’lia (Parties): This cause appertains to the persons making the contract. A valid contract requires that there must
be two parties involved.
2. Mad’dia (Proposal and Acceptance): This explains the essence, namely, Proposal and acceptance. It is essential to
constitute a valid contract that there must be two parties, one parties, one party should make a proposal and the
other should accept it.
3. Suaria (Agreement of Minds): This cause related to the outward manifestation, that is the minds of parties must
agree and their declaration must related to the same matter.
4. Ghayia (Legal Relationship): This cause relates to the result aimed at, i.e., the object of the contract must be to
produce a legal result. This is regarded as the dominant idea of a contract in Islamic Law that it establishes a tie of
legal relations arising from consent of the minds of two persons to deal with each other in respect of certain rights.
FORMATION OF CONTRACT:
 Declaration of Consent  Same Meeting (Majlis)  Use of Words
CONDITIONS OF A CONTRACT:
 Legal capacity of Parties  The consent without knowledge of the Articles
 Fitness of Subject Mater  Consideration and Free Consent

FINAL ANALYSIS
Hence for final analysis, we can say that a contract is a binding agreement between two parties which is legally
enforceable. The Rules regarding contract under Islamic law is very strict. Under Islamic law for a valid contract there
must be present four causes in the contract viz., faa’lia and mad’dia and suria and ghayia. The first essential of valid
contract is that parties must have reached agreement. To constituents of an agreement are Ijab and Qabul which forms
it into a promise which is enforceable by Law.

PUBLIC RIGHTS AND PRIVATE RIGHTS:

In Islam rights and obligations are considered interlinked and interdependent. Generally, rights are divided into two
kinds i.e. Haqooq Allah and Haqooq al Ibad. Right is an interest which is recognized by law regards of which there is a
duty and disregards of which there is a wrong. Islamic concept of human rights is essentially based on the idea of human
equality, Justice, personal freedom, etc which is discussed as under.

MEANING:
 Literal Meaning: Literally it means, “An interest”. (Oxford Dictionary)
 Legal Meaning: “Right is the interest which is roper under law morality and the ethics”. (Black’s Law Dictionary)

DEFINITION:
 Salmond: “Right is an interest recognized and protected by a rule of law respect of which there is a duty and
disregard of there is a wrong”.

HAQOOQ ALLAH: These are those rights, which are only about Allah and are not linked to persons.
 Prayer (Salah)
 Give Zakat
 Perform Haj
 Equality
 Punishment (Hadd) is enforced
 Taxes imposed on Muslims i.e., Zakat, Ushar etc
 Taxes imposed on Non-Muslim i.e., Jizya, Khiraj etc

HAQOOQ AL-IBAD: These are the rights, which are only about men but some of rights are of both Allah and Men.
 Protection of Life, Property, Honor
 Protection of Family
 To do Lawful acts
 To do contract etc
 Personal Freedom
 Freedom of Religion
 Freedom of Expression
 Freedom of Work

FUNDAMENTAL HUMAN RIGHTS IN ISLAM:

 Security of Person
 Freedom of Religion
 Freedom of Expression
 Protection of Non-Muslims
 Right to choose Profession
 Property Rights
 Islam allows an individual to acquire property whether they are moveable or immoveable through lawful means.
 Islam allows a person to own, possess and enjoy his wealth, which has been acquired by him through lawful means.
 Islam permits the individuals to alienate or dispose of his property by any means like sale, exchange, gift etc