الحقوق المجردة بین الفقہ والقانون،دراسۃ مقارنۃ

Al haqooq-ul-Al Mujaradah: Comparative study in the context of Shariah and Law

  • Hafiz Nasir Ali Bahauldin Zikriya University, Multan
Keywords: Huqooq-e-Mujarradah, Intellectual property rights, Sharia, Law, Easement rights

Abstract

ALLAH has also determined the rights of different classes of human beings. The term “Huqooq-e-Mujarradah” is a terminology of pure Hanafi jurisprudence, etc., it is frequently mentioned in the books of the Hanafi jurists, but the majority of other Islamic school of thoughts like Malikis, Shafi'is, and Hanbalis have not used this term peculerly. “Huqooq-e-Mujarradah” refers to the rights which are empty and isolated from the country and do not have a fixed relationship with the palace, if these rights are exercised or abandoned, the place will not be affected. There are many types of “Huqooq-e-Mujarradah”. But in this study, two main types are discussed. These are (Huqooq-ul-Irtifaq)Easementrights and (Al huqooq-ul-Fikriyyah) Intellectual property rights. So, what is the Islamic sharia view regarding these two rights, and what are the laws? This study examines and explains the answer to these questions.

Author Biography

Hafiz Nasir Ali, Bahauldin Zikriya University, Multan

PhD Scholar, Department of Islamic Studies

Published
2020-07-28
Section
Articles