The idea of religion in Islamic jurisprudence and its compatibility with the idea of personal right in civil law

Section: Research Paper
Published
Sep 1, 1995
Pages
330-347

Abstract

After the existing distinction between personal right and real right is one of the essential issues in contemporary civil laws, and this distinction finds its basis in Roman law, the right in it is either personal or in-kind, and these two legal terms are western to Islamic jurisprudence in the confiscation of the first, and instead we find the terms religion and Eye ; The first expresses the issue of commitment if it is an amount of money or homosexual things, and its idea is based mainly on the idea of responsibility in its special meaning as a container to accommodate duties.And if we are not aware of the meaning of the license in Islamic jurisprudence, we find it (it is not legalized because of a justification for getting rid of the original ruling). The ideas of Islamic jurisprudence versus the ideas of positive law without trying to match them, and this research will address the idea of religion and the extent of its conformity with the personal right, provided that the idea of the eye is addressed in another research.Our plan is: The first topic: Religion in Islamic jurisprudence.The second topic: Personal right in Western jurisprudence.The third topic: the balance between religion and personal right.Conclusion.

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How to Cite

Muhammad Chadirji, N. (1995). The idea of religion in Islamic jurisprudence and its compatibility with the idea of personal right in civil law. Adab Al-Rafidayn, 25(27), 330–347. https://doi.org/10.33899/radab.1995.166071