I= PERSONAL CIVIL RIGHT BETWEEN ISLAMIC JURISPRUDENCE AND POSITIVE LAW
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Title of Thesis
(Arbic) Personal Civil Rights in Islamic and Positive Law.

Transliteration
Al-Haqul Madini Al-Shakhsi

Author(s)
Muhammad Ben sayah
Institute/University/Department Details
International Islamic University
Session
2002
Subject
Shariah and Law
Number of Pages
551
Keywords (Extracted from title, table of contents and abstract of thesis)
personal civil right, islamic jurisprudence, positive law

Abstract
Most of the Muslims, who resort to Civil law to solve problem concerning their rights, are Unaware of the fact that there is vast scope for their or that right in our Islamic Jurisprudence. The disclosure of this subject in Islamic Jurisprudence compared with positive law and deduction of results thereof make contemporary Muslim take Interest in verdicts of Shariah.

Civil law is the mainstay of law as it organizes society and governs the behaviour of its members. There is a close relation behaviour right and law as in French language word ‚€˜Droit‚€Ě denotes right as well as law.

The right whether personal or impersonal is an off short of civil law. The personal rights is also called right of credit because it is based upon the person of creditor and debtor.

Do we find division of law into personal or impersonal in our Islamic Jurisprudence also? It is therefore, Important to know scope and legal framework of Civil right keeping in view the motives results which accrue from it.

1.Importance of the topic Public relations between people and Institutions depends upon the respect for rights and mutual interests.

2A Muslim should have regard for another right i.e Allah‚€™s right.

3Islamic and Positive law don‚€™t differ much as for as individual rights are concerned.

4Explanation for approval of Islamic law and civil law for personal rights.

5Comparison of Islamic Jurisprudence with Civil law.

6Bringing into line light the sublimity and emotional aspects

There are the important components on which is based the importance of the topic.

Reason for selecting the topic.

Inclination toward the study of this topic because idea of research for civil right used to haunt my mind since long.

Exposure of direct or caused reasons for personal rights.

Tracing the way for regulation of rights and its correct use.

Stating how to circulate their right among members of the society without transgressing or harming anyone.

Explaining how to prove personal right.

Stating aims objects of rights.

Study of personal rights from its emergence upto its expiry.

It is proper to point towards emotional object of this topic viz fraternity love, cooperation and mutual respect while dealing with one another.

Methodology

Consultation of Original sources and ancient references.

I dealt with many libraries in various places and referrer to ancient and modern sources.

I sought help from modern sources and periodicals

I established the origin of Jurisprudence problems relying upon the Holy Quran, Hadith, Sayings of Jurists and their dependent Opinion for the topic.

Reference to legal sources for civil law

Comparison between Shariah and law, and between some Arabic and Non Arabic Civil laws.

I have ascribed the verses of the Holy Quran to their chapters; documented AHADITH as I have given biographies of eminent persons and prepared Index to Verses, Ahadith and topics.

Plan for Dissertation (Synopsis): This thesis consists of an introduction and two chapters Introduction is further divided to three branches:

The first Branch: Interest of Islamic Jurisprudence in right having six issues.

Second: The idea and object of right in positive law.

The Third Branch: Civil right between Islamic jurisprudence and positive law.

The first Chapter: It deals with personal right in three sections:

Section The first source, Divine Decree or law.

Second Legal dispositions having two topics.

The First topic About contract. It is divided into from issues.

Second About will and individuality, divided into two issues.

The Third Section: Legal (fact) event having two topics.

First topic: The harmful act or defective responsibility, having 4 issues.

Second: Useful act or enrichment without reason, having

The Second Chapter: I have discussed in it the use of civil rights and its expiry. It is divided into three sections.

The first section: Arbitrariness in the use of civil right and its rules regulations. It is subdivided into three topics.

The First topic: Arbitrariness in the use of right in Islamic Jurisprudence.

Second Arbitrariness in the use of right in Positive law.

Third Rules to regulate the use of personal right and its transition having two issues.

The second section: I have discussed in two topics the proof of personal right and its transition.

The first topic: Claim of personal right with three issues.

Second Transition of personal right between Islamic Jurisprudence and positive law with three issues.

The third section: It is about the limitation of personal law and its expiry. It is divided into two topics.

The first topic: Limitation of personal law with three issues.

Second topic Lapse of personal law with two issues

Then I have concluded the dissertation explaining three important results arrived at.

Download Full Thesis
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S. No. Chapter Title of the Chapters Page Size (KB)
1 0 Contents
56.09 KB
2 1 Al- Muqadma
105.32 KB
3 2 Al- Tamheed
565.62 KB
4 3 Al-Babul Awwal
3255.43 KB
5 4 Al-Babul Sani
1931.76 KB
6 5 Al- Khatima
50.05 KB
7 6 Al- Faharas
316.34 KB