Public and Private rights
1. Introduction
Islam is a complete code of life that protects the rights of human beings for better service. Islam has provided rules and regulations for individual and collective life and these rules are the rights of men for all aspects of life. All people have different rights with different duties which have been imposed upon them against others one’s right
2. Definition of rights
Rights are the benefits of the people of any state which has been protected by law to facilitate mankind
3. Islamic concept of rights
The concept of rights in Islam is based on honor and equality of all mankind.
4. Types of Rights
According to the majority of Muslim jurists, there are two types of Rights as under
- i. Public Rights
- ii. Private Rights
5. Public Rights
Public rights are those rights, which are only related to ALMIGHTY ALLAH and are not related to persons.
1. Pure rights of ALLAH
There are certain matters which are the rights of ALLAH for the benefit of men
Example:
As giving the punishment of hadd for theft
2. Mixed rights of ALLAH and men
There are certain matters in which the rights of ALLAH and men are combined. But the rights of ALLAH dominate men's rights
Example:
The right to punish the slander who blames un-chastity on another person. Because he trespassed the rights of the community and individual both
The following are Public rights
- 1. Prayer
- 2. Give Zakat
- 3. Perform Haj
- 4. Equality
- 5. Punishment (Hadd) is enforced
- 6. Taxes imposed on Muslims i.e., Zakat, Ushar, etc
- 7. Taxes imposed on Non-Muslim i.e., Jizya, Khiraj, etc
6. Private Rights
Private rights are those rights, that are only related to people but some rights are related to both Allah and Men.
1. Pure rights of the individual
Certain matters are the rights of individual men
Example:
The enforcement of this right is only upon the option of individuals whose private rights have been violated
2. Mixed rights of ALLAH and men
There are certain matters in which the rights of ALLAH and men are combined. But the rights of men, that is a private right, supersedes the rights of ALLAH
Example:
Qisas which is a punishment for murder, Qisas comes into the category that the person injured may pardon the offender
The following are Private rights
- 1. Protection of Life,
- 2. Protection of Non-Muslims
- 3. Protection of Family
- 4. Permission to perform Lawful acts
- 5. Permission to do contract etc.
- 6. Personal Freedom
- 7. Freedom of Religion
- 8. Freedom of Expression
- 9. Freedom of Work
7. Difference between Public and Private rights
The main difference between private and public rights is as under:
1. As to enforcement
Public rights are always enforced by state
Private rights are always enforced on the option of the party whose private right is
violated
2. As to Pardon
Public rights can’t be pardoned or condoned
In private rights, it is at the discretion of the affected individual whose private right is
violated who may pardon or insist on punishment
8. General Divisions of Rights
Public and private rights are divided into the following classes
1. Independent rights
Independent rights are those rights that create an obligation upon any particular
individual to perform certain duties
2. Dependent rights
Dependent rights are those rights that create an obligation upon any individual to perform certain duties
3. Original and Substitution rights
Following is the example for original and substory rights
Example:
Original right is such right which requires the performance of Ablution with water before Prayer is the original right. In case of sickness, Ablution by rubbing one’s hand with the earth is allowed as a substitution right
9. Conclusion
Right is an interest that is protected by the rule of law. Islam is a religion that is based on equality and justice. This concept of Islam is given by the Holy Prophet (Peace Be upon Him) in his Khutaba-Hajatul-Wida. Holy Prophet (P.B.U.H) makes all men equal. There are many rights given under Islamic Jurisprudence. Such as the right to security, Justice, equality, etc.