A Study of al-Ḥuqūq al-Mujarrada

حقوقِ مجردہ اور ان کےاحکام: ایک مطالعہ

Authors

Keywords:

Al-Ḥuqūq al-Mujarrada, Fiqh, permissibility, impermissibility

Abstract

This article deals with the rules of al-uqūq al-Mujarrada in Islamic jurisprudence. It explores that Withdrawal from abstract rights without any compensation has unanimously been permitted by the scholars. Inheritance and wills are not issued for essential rights. In the rest of abstract rights, inheritance and will issued according to the most of anafī scholars. As far compensation for essential rights is concerned, it is not permissible. However, it is permissible to take compensation as a withdrawal. The sale of consensual rights is permissible according to the majority and contemporary jurists, while the sale of some rights is permissible according to the classical anafī scholars. Similarly, the sale and compensation of modern forms of abstract rights is not permissible according to some scholars, but it is permissible according to the majority of contemporary jurists.

Published

2020-06-30

How to Cite

Hafiz Nasir Ali, & Dr. Ghulam Shams-ur-Rehman. (2020). A Study of al-Ḥuqūq al-Mujarrada : حقوقِ مجردہ اور ان کےاحکام: ایک مطالعہ. Bi-Annual Research Journal"Al-Qamar", 3(1), 27-38. Retrieved from http://alqamarjournal.com/index.php/alqamar/article/view/67