Abstract
“The Concept of Haq in Islamic and Western Law” Haq (the Right) is a widely used word, however, the definition and its nature has been a point of in-depth discussion in the academia discourse. The early Muslim jurists did not engage with defining the term or its philosophical nature in such a depth, because of which the contemporary Muslim scholars have attempted to do so. Since the concept of Haq as philosophically understood by the western scholars and jurists has taken quite a hold, therefore, the academic discourse in the western world has immensely contributed to the technical and philosophical understanding of Haq. In light of which, I felt there is an immense need to present the discussions from the Islamic juristic tradition and to take a comparative study with the western discourse. In this article, I will be presenting the definition(s) of Haq, the understanding of the four major juristic Imams and experts of Usul al-Fiqh (Principles of Islamic Jurisprudence). Then I will mention what the contemporary Muslim scholars and western jurists have penned on the matter, followed by a comparative study of the Islamic law and the Western law in light of the discussion on the definition and nature of Haq (the Right).
سید غضنفر احمد, کلیم اللہ بن داؤد خان. (2019) فقہ اسلامی اور مغربی قانون میں’’ حق‘‘ کا تصور, Pakistan Journal of Islamic Research, Volume No. 20, issue 01.
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