A Jurisprudential Evaluation of Status of Exclusive Rights (Ḥuqōq e Mujarradah)
Abstract
Exclusive rights which are free from ownership are termed as usufruct. With regards to usufruct being wealth, the central theme of the opinions of the jurists is that those things of usufruct that have no connection with matters that are exclusively riches in nature and are stipulated based on benefit or harm as the right of a wife for her turn with the husband spending the night with her are not unanimously compared as wealth. However, those rights that are stipulated and have a connection with things that are exclusively wealth such as equitable (water stream) rights, drinking (field watering) rights, sewer system rights, pre-emption rights, demarcation rights, student rights, authority rights, publishing rights, trade name, trademark, invention rights, trading license, in the teaching of the majority i.e. the three imams and contemporary/latter-day Aḥnaf, they are in the ruling of being wealth. Whereas, according to the earlier Aḥnaf, these rights are not in the ruling of wealth. The article deals with this discussion comprehensively. Various arguments are presented with details and keeping the lexical requirements and contemporary issues in view, a conclusion is presented at the end
Hafiz Nasir Ali, Ghulam Shams ur Rehman. (2020) حقوق مجردہ کے مال ہونےکی فقہی حیثیت, AFKĀR (Journal of Islamic & Religious Studies) , Volume 4, Issue 2.
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