The document discusses resource ownership in different economic systems - capitalism, communism, and Islam. In capitalism, private individuals and corporations own resources and property. Communism abolishes private property and places ownership in the hands of the state. Islam recognizes both private and public ownership, but places restrictions on private ownership to prevent wealth concentration and ensure the needs of the community are met. Overall, the document provides an overview of the different approaches to resource ownership in these systems.
The rule of law entails government accountability, equal access to justice and the political
process, efficient judicial and political systems, clear laws, generally stable laws, and the
protection of fundamental human rights. This paper explores whether Islamic law
conforms to these principles in theory and in practice. Three conclusions are reached.
First, various early Islamic institutions were meant, in some respect, to serve one or more
of these principles. Second, the institutions in question lost effectiveness over time.
Finally, the relevant Islamic institutions are now generally out of date.
The document discusses the rule of law in Nigeria under both military and democratic governments. It makes the following key points:
1) Both military and democratic governments in Nigeria have often violated the rule of law through carelessness and recklessness.
2) Successive military administrations routinely suspended parts of the constitution, abused human rights, dismissed democratic institutions through decrees, and restricted the courts' jurisdiction.
3) While the judiciary struggled to maintain its independence, the military asserted its power over the courts through decrees like the Federal Military Government Supremacy Decree of 1970.
4) Democratic governments in Nigeria have also not adhered to the principles of rule of law any better than the military
In our modern Western society, state-organised legal systems
normally draw a distinctive line that separates religion
and the law. Conversely, there are a number of Islamic regional
societies where religion and the laws are as closely
interlinked and intertwined today as they were before the
onset of the modern age. At the same time, the proportion
in which religious law (shariah in Arabic) and public law
(qanun) are blended varies from one country to the next.
What is more, the status of Islam and consequently that of
Islamic law differs as well. According to information provided
by the Organisation of the Islamic Conference (OIC), there
are currently 57 Islamic states worldwide, defined as countries
in which Islam is the religion of (1) the state, (2) the
majority of the population, or (3) a large minority. All this
affects the development and the form of Islamic law.
TORTTURE AND INHUMAN ACTS IN NIGERIA, WHATS NIGERIA GOVERNMENT DO WITH HUMAN ...Lynn University
INTRODUCTION
Democracy is a legendary system of government in which every countries of the world, today it is desires to have democracy or claims to be one. Today if truly democracy and human rights are incompatible in certain situation, it means freedom and justice and equality for all branch of people are guaranteed. Democracy ensure human rights to be primarily virtuous, balance and adequate of moderation, furthermore , democracy ensure human right broadly, human right include: right to life, liberty, right of property , freedom of speech ,and security of individual, which have been definite in the constitution. But, in Nigerian torture has been considerable through human rights mismanagement. The government agencies, such as military and police brutalize the people by torturing them. However, torture and inhuman acts are commonly carried out by government agencies such as police and soldiers. During the military regime in Nigeria, time torture and inhuman acts gained more power for the misdeed of the citizens in Nigeria. Such conditions; torture thoroughly undermined due process and the rule of law, and other inhuman acts were a confirmed routine. Meanwhile inhuman act and torture were implemented by government agencies, such as soldiers; army forces and polices; they thought that torture and abuse of human rights were the best tools to get equitable and eloquent information from suspects. This book concerns with torture and inhuman acts in Nigeria; what is the Nigerian government response to human rights violation; also it would talks about Nigeria economics, poverty and corruption in Nigeria.
The Main Responsibility for Torture and Cruel Act in Nigeria.
The main groups responsible for torture and inhuman acts in Nigeria were the police’s and soldiers mostly using inhuman acts and torture as a way of disarranging suspects of crimes. Torture and inhuman acts were rampant within the soldier’s barracker and polices custody. The military and police were said to carry out inhuman and torture as the best way for investigated any crimes or as a way of beating in order to getting eloquent information. However, inhuman acts and torture had become such a fundamental guarding and scouting in the country which many polices headquarters in Nigeria use formal torture.
This document provides an introduction and overview of human rights. It begins by defining human rights as fundamental rights inherent in every human being. It then identifies problems to discuss such as definitions of human rights, developments in human rights, human rights in Islam, and examples of violations. The document goes on to discuss the definition, purpose, and characteristics of human rights. It also examines the development of human rights thinking in various eras and locations including Indonesia. Finally, it discusses human rights in Islamic law and national legislation, as well as violations of human rights and the courts responsible for enforcement and protection of rights.
HUMAN RIGHTENGINEERS AS MANAGER ENGINEERS AS ADVISORHameem Nalakath
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. They include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. These rights become operative with birth. Modern human rights are those conferred by states in international law, with key developments including the UN Charter, Universal Declaration of Human Rights in 1948, and Vienna Declaration in 1993. There are two kinds of rights - civil/political rights and economic/social/cultural rights. Engineers transitioning into management require new skills like delegation, motivation, communication, and understanding of business/legal responsibilities,
Kitsap alliance property rights discussion paper.Kapo Admin
This document discusses issues surrounding government use of eminent domain to take private property for public use. It outlines that private property rights are protected by both the US and Washington state constitutions. While governments have some authority to regulate property under their police power, there are questions around when regulations go too far and infringe on constitutional rights. The Growth Management Act in Washington state establishes goals for land use planning, but only one of the 14 goals explicitly involves protecting private property rights, raising concerns that some GMA implementations may violate these rights. The document argues governments must consider property rights as a priority above other legislated goals when planning land use.
The document discusses resource ownership in different economic systems - capitalism, communism, and Islam. In capitalism, private individuals and corporations own resources and property. Communism abolishes private property and places ownership in the hands of the state. Islam recognizes both private and public ownership, but places restrictions on private ownership to prevent wealth concentration and ensure the needs of the community are met. Overall, the document provides an overview of the different approaches to resource ownership in these systems.
The rule of law entails government accountability, equal access to justice and the political
process, efficient judicial and political systems, clear laws, generally stable laws, and the
protection of fundamental human rights. This paper explores whether Islamic law
conforms to these principles in theory and in practice. Three conclusions are reached.
First, various early Islamic institutions were meant, in some respect, to serve one or more
of these principles. Second, the institutions in question lost effectiveness over time.
Finally, the relevant Islamic institutions are now generally out of date.
The document discusses the rule of law in Nigeria under both military and democratic governments. It makes the following key points:
1) Both military and democratic governments in Nigeria have often violated the rule of law through carelessness and recklessness.
2) Successive military administrations routinely suspended parts of the constitution, abused human rights, dismissed democratic institutions through decrees, and restricted the courts' jurisdiction.
3) While the judiciary struggled to maintain its independence, the military asserted its power over the courts through decrees like the Federal Military Government Supremacy Decree of 1970.
4) Democratic governments in Nigeria have also not adhered to the principles of rule of law any better than the military
In our modern Western society, state-organised legal systems
normally draw a distinctive line that separates religion
and the law. Conversely, there are a number of Islamic regional
societies where religion and the laws are as closely
interlinked and intertwined today as they were before the
onset of the modern age. At the same time, the proportion
in which religious law (shariah in Arabic) and public law
(qanun) are blended varies from one country to the next.
What is more, the status of Islam and consequently that of
Islamic law differs as well. According to information provided
by the Organisation of the Islamic Conference (OIC), there
are currently 57 Islamic states worldwide, defined as countries
in which Islam is the religion of (1) the state, (2) the
majority of the population, or (3) a large minority. All this
affects the development and the form of Islamic law.
TORTTURE AND INHUMAN ACTS IN NIGERIA, WHATS NIGERIA GOVERNMENT DO WITH HUMAN ...Lynn University
INTRODUCTION
Democracy is a legendary system of government in which every countries of the world, today it is desires to have democracy or claims to be one. Today if truly democracy and human rights are incompatible in certain situation, it means freedom and justice and equality for all branch of people are guaranteed. Democracy ensure human rights to be primarily virtuous, balance and adequate of moderation, furthermore , democracy ensure human right broadly, human right include: right to life, liberty, right of property , freedom of speech ,and security of individual, which have been definite in the constitution. But, in Nigerian torture has been considerable through human rights mismanagement. The government agencies, such as military and police brutalize the people by torturing them. However, torture and inhuman acts are commonly carried out by government agencies such as police and soldiers. During the military regime in Nigeria, time torture and inhuman acts gained more power for the misdeed of the citizens in Nigeria. Such conditions; torture thoroughly undermined due process and the rule of law, and other inhuman acts were a confirmed routine. Meanwhile inhuman act and torture were implemented by government agencies, such as soldiers; army forces and polices; they thought that torture and abuse of human rights were the best tools to get equitable and eloquent information from suspects. This book concerns with torture and inhuman acts in Nigeria; what is the Nigerian government response to human rights violation; also it would talks about Nigeria economics, poverty and corruption in Nigeria.
The Main Responsibility for Torture and Cruel Act in Nigeria.
The main groups responsible for torture and inhuman acts in Nigeria were the police’s and soldiers mostly using inhuman acts and torture as a way of disarranging suspects of crimes. Torture and inhuman acts were rampant within the soldier’s barracker and polices custody. The military and police were said to carry out inhuman and torture as the best way for investigated any crimes or as a way of beating in order to getting eloquent information. However, inhuman acts and torture had become such a fundamental guarding and scouting in the country which many polices headquarters in Nigeria use formal torture.
This document provides an introduction and overview of human rights. It begins by defining human rights as fundamental rights inherent in every human being. It then identifies problems to discuss such as definitions of human rights, developments in human rights, human rights in Islam, and examples of violations. The document goes on to discuss the definition, purpose, and characteristics of human rights. It also examines the development of human rights thinking in various eras and locations including Indonesia. Finally, it discusses human rights in Islamic law and national legislation, as well as violations of human rights and the courts responsible for enforcement and protection of rights.
HUMAN RIGHTENGINEERS AS MANAGER ENGINEERS AS ADVISORHameem Nalakath
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. They include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. These rights become operative with birth. Modern human rights are those conferred by states in international law, with key developments including the UN Charter, Universal Declaration of Human Rights in 1948, and Vienna Declaration in 1993. There are two kinds of rights - civil/political rights and economic/social/cultural rights. Engineers transitioning into management require new skills like delegation, motivation, communication, and understanding of business/legal responsibilities,
Kitsap alliance property rights discussion paper.Kapo Admin
This document discusses issues surrounding government use of eminent domain to take private property for public use. It outlines that private property rights are protected by both the US and Washington state constitutions. While governments have some authority to regulate property under their police power, there are questions around when regulations go too far and infringe on constitutional rights. The Growth Management Act in Washington state establishes goals for land use planning, but only one of the 14 goals explicitly involves protecting private property rights, raising concerns that some GMA implementations may violate these rights. The document argues governments must consider property rights as a priority above other legislated goals when planning land use.
The document discusses different types of law according to St. Thomas Aquinas. It defines law as a decree or ordinance of reason directed towards the common good and promulgated by competent authority. It then explains eternal law as God's plan for the universe, natural law as discernible through human reason, and divine and human positive laws which are enacted to preserve order and direct society for the common good in accordance with or in addition to eternal and natural law.
Notary Responsibilities in the Making of Nominee Arrangement by Foreign Citiz...ijtsrd
The nominee agreement made by a notary public can be said to be a form of legal smuggling that is commonly used in the context of owning land rights by foreign parties. The existence of this nominee agreement in practice is related to the principle of justice given the interests of the parties involved in it. Basically, a nominee agreement is intended to give all authority that may arise in a legal relationship between the party granting authority over a piece of land that according to national land law cannot be owned by a foreign party which is then given to the native population as the recipient of the power of attorney.The issues raised in this study, namely how the applicable legal provisions related to the making of a name and notary loan, notary responsibility in making a deed is generally associated with legal sanctions in the making of a loan name deed, and the legal consequences arising related to the drafting of the nominee agreement ownership of land rights between local residents and foreign citizens. Josmar Silaban "Notary Responsibilities in the Making of Nominee Arrangement by Foreign Citizens Related to the Ruling of the Laws of Land in Indonesia" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-6 , October 2020, URL: https://www.ijtsrd.com/papers/ijtsrd33580.pdf Paper Url: https://www.ijtsrd.com/management/law-and-management/33580/notary-responsibilities-in-the-making-of-nominee-arrangement-by-foreign-citizens-related-to-the-ruling-of-the-laws-of-land-in-indonesia/josmar-silaban
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This document provides an overview of the history and development of human rights from ancient to modern times. It discusses concepts of human rights in ancient India, Buddhism, and the pre-World War era. It also covers the constitutional vision and provisions for human rights in modern India, including fundamental rights and directive principles guaranteed in the Indian constitution that relate to international covenants. Overall, the document traces the philosophical and legal roots of human rights from early religious texts and laws to their modern formulations in international declarations and national constitutions.
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
Natural law arises from human dignity and dictates universal ethical principles of right and wrong. Moral law governs individual behavior according to truth. Human law deals with legal order and common good, while divine law includes scripture and Jesus' teachings of love. Church law expresses divine law for Christians. Civil law governs secular relationships. The Ten Commandments and Beatitudes express obligations to God and others. Ultimately, Christian moral law centers on loving God and others as exemplified by Jesus Christ.
Sociological school ..Analysis on the Contribution of Roscoe Pound.nehatiwari116
Sociological school
{Analysis on the Contribution of Roscoe Pound}
The Sociological approach to the study of law is the most important characteristic of our age. Jurists belonging to this school of thought are concerned more with the working of law rather than its abstract content
This document discusses ten theses regarding globalization and law from a global perspective:
1) We should avoid overgeneralizing about law globally due to lack of concepts, data, and capacity for evidence-based generalizations across legal systems.
2) A conception of law confined only to state/municipal law leaves out non-state legal forms like religious, customary, and unofficial laws.
3) Significant legal patterns are often sub-global, like those from empires, diasporas, alliances, and language/legal tradition spread.
4) Accepting non-state law leads to accepting legal pluralism as a social fact occurring within and between countries at all levels of organization
The document summarizes the radical ideas of several thinkers and how they relate to classical liberalism. It discusses Hobbes' belief in a social contract giving power to a leader for protection, Locke's view of natural rights to life, liberty, property, and consent of the governed. It also outlines Montesquieu's separation of government powers, Smith's invisible hand of the free market, Mill's emphasis on individual rights and liberties, and Ricardo's view that wages be set by supply and demand. The document concludes by stating Locke and Mill best align with the author's view of individual rights, freedoms, and limited government.
The Muslim Concept of Sovereignty: Islamicjerusalem during the First Muslim C...islamicjerusalem
1) The document examines the Muslim concept of sovereignty through an analysis of early Muslim scholars like Al-Mawardi, Ibn Taymiyyah, and Ibn Khaldun and their interpretation of sovereignty based on the Quran and hadith.
2) It also explores how modern Muslim thinkers have discussed concepts like popular sovereignty and the sovereignty of the nation in relation to the ruler and community.
3) The analysis finds that early Muslim scholars viewed sovereignty as universal and absolute with Allah as the primary law-giver, while human rulers and states enjoyed limited autonomy to implement divine law.
Khomeini successfully led Iran's 1979 Islamic Revolution by capitalizing on popular discontent with the Shah's autocratic rule and poor governance. Khomeini promised to establish an Islamic government ruled by divine law that would eliminate corruption and foreign influence. He gained widespread support through his leadership skills and message of social justice. Martyrdom was also promoted as a revolutionary act against the despotic regime. Meanwhile, the Shah's repressive policies and economic reforms that mainly benefited the wealthy further eroded his popularity. Khomeini's exile in France also allowed him to more widely spread his anti-Shah message.
The document discusses the political system in Islam. It states that Islam teaches how to conduct all aspects of life, including governing a state. An Islamic state's purpose is to implement divine law as revealed by God. The political system is based on tawhid (unity of God), risala (prophethood), and khilafa (vicegerency). The duty of an Islamic ruler is to uphold worship obligations and ensure justice, welfare, and freedoms for all citizens.
What You Need To Know About Islami/Muslim Sharia Law ?MuslimSharia
Sharia is the Islamic religious law derived from the religious precepts of Islam, primarily from the Quran and the Hadiths. It covers both religious and secular aspects of life, including crime, politics, and personal matters. There are differing interpretations of sharia among Islamic sects and schools of jurisprudence. Historically, sharia was developed through scholarly consensus during the Islamic Golden Age, with varying implementations in Muslim-majority countries today. It remains a source of debate with regards to its compatibility with modern conceptions of human rights and secular governance.
The document discusses key concepts of Legalism, an ancient Chinese philosophy that emphasized rule by law and a powerful central government. According to Legalism, human nature is inherently selfish and people are driven by self-interest. In contrast to Confucianism which believed people could be governed by moral example, Legalism held that a strong ruler enforcing harsh and inflexible laws was needed to maintain stability and order. The Ch'in Dynasty put Legalist ideas into practice by unifying and standardizing China under Shih Huang Ti's powerful central rule.
Friedrich Carl von Savigny was a 19th century German jurist who is considered the founder of the historical school of law. He argued that law develops organically over time based on the shared customs and beliefs of a people, which he termed the "Volksgeist" or national spirit. Savigny believed that any legal system is an expression of the Volksgeist of the nation to which it belongs. Codification of laws should not be undertaken hastily without first thoroughly studying the historical development of a people's legal traditions and customs, as reflected in their Volksgeist. Savigny's concept of Volksgeist had a major influence on legal theory and opposed the natural law school's view
Zweigert and Kotz (1977): “The words suggest an intellectual activity with law as its object and comparison as its process.”
The comparison of the different legal systems of the world.
Kamba (1974): “Signifies the systematic application of the comparative technique to the field of law. It is the study of, and research in, law by the systematic comparison of two or more legal systems; or of parts, branches or aspects of two or more legal systems.”
The document discusses the theory of property rights. It developed in the 1960s-1970s from the work of economists like Robert Coase. The theory views property rights as social norms governing access to scarce resources. It analyzes how clearly defined property rights encourage certain behaviors by establishing incentives. The theory also recognizes that no property rights can ever be fully defined and protected given the costs of doing so. It compares different systems of private, public, and state property ownership and finds none to have absolute advantages.
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
International Human Rights Law
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
Universal Declaration of Human Rights
This document discusses human rights and provides definitions and background information. It identifies the following problems that will be discussed: 1) definition of human rights, 2) developments in human rights, 3) human rights in Islam, and 4) examples of human rights violations. The document limits the scope of the discussion to focus only on human rights. It then provides definitions of human rights from various sources and discusses the characteristics and purposes of human rights.
The document discusses different types of law according to St. Thomas Aquinas. It defines law as a decree or ordinance of reason directed towards the common good and promulgated by competent authority. It then explains eternal law as God's plan for the universe, natural law as discernible through human reason, and divine and human positive laws which are enacted to preserve order and direct society for the common good in accordance with or in addition to eternal and natural law.
Notary Responsibilities in the Making of Nominee Arrangement by Foreign Citiz...ijtsrd
The nominee agreement made by a notary public can be said to be a form of legal smuggling that is commonly used in the context of owning land rights by foreign parties. The existence of this nominee agreement in practice is related to the principle of justice given the interests of the parties involved in it. Basically, a nominee agreement is intended to give all authority that may arise in a legal relationship between the party granting authority over a piece of land that according to national land law cannot be owned by a foreign party which is then given to the native population as the recipient of the power of attorney.The issues raised in this study, namely how the applicable legal provisions related to the making of a name and notary loan, notary responsibility in making a deed is generally associated with legal sanctions in the making of a loan name deed, and the legal consequences arising related to the drafting of the nominee agreement ownership of land rights between local residents and foreign citizens. Josmar Silaban "Notary Responsibilities in the Making of Nominee Arrangement by Foreign Citizens Related to the Ruling of the Laws of Land in Indonesia" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-6 , October 2020, URL: https://www.ijtsrd.com/papers/ijtsrd33580.pdf Paper Url: https://www.ijtsrd.com/management/law-and-management/33580/notary-responsibilities-in-the-making-of-nominee-arrangement-by-foreign-citizens-related-to-the-ruling-of-the-laws-of-land-in-indonesia/josmar-silaban
LLB LAW NOTES ON JURISPRUDENCE
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document provides an overview of the history and development of human rights from ancient to modern times. It discusses concepts of human rights in ancient India, Buddhism, and the pre-World War era. It also covers the constitutional vision and provisions for human rights in modern India, including fundamental rights and directive principles guaranteed in the Indian constitution that relate to international covenants. Overall, the document traces the philosophical and legal roots of human rights from early religious texts and laws to their modern formulations in international declarations and national constitutions.
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
Natural law arises from human dignity and dictates universal ethical principles of right and wrong. Moral law governs individual behavior according to truth. Human law deals with legal order and common good, while divine law includes scripture and Jesus' teachings of love. Church law expresses divine law for Christians. Civil law governs secular relationships. The Ten Commandments and Beatitudes express obligations to God and others. Ultimately, Christian moral law centers on loving God and others as exemplified by Jesus Christ.
Sociological school ..Analysis on the Contribution of Roscoe Pound.nehatiwari116
Sociological school
{Analysis on the Contribution of Roscoe Pound}
The Sociological approach to the study of law is the most important characteristic of our age. Jurists belonging to this school of thought are concerned more with the working of law rather than its abstract content
This document discusses ten theses regarding globalization and law from a global perspective:
1) We should avoid overgeneralizing about law globally due to lack of concepts, data, and capacity for evidence-based generalizations across legal systems.
2) A conception of law confined only to state/municipal law leaves out non-state legal forms like religious, customary, and unofficial laws.
3) Significant legal patterns are often sub-global, like those from empires, diasporas, alliances, and language/legal tradition spread.
4) Accepting non-state law leads to accepting legal pluralism as a social fact occurring within and between countries at all levels of organization
The document summarizes the radical ideas of several thinkers and how they relate to classical liberalism. It discusses Hobbes' belief in a social contract giving power to a leader for protection, Locke's view of natural rights to life, liberty, property, and consent of the governed. It also outlines Montesquieu's separation of government powers, Smith's invisible hand of the free market, Mill's emphasis on individual rights and liberties, and Ricardo's view that wages be set by supply and demand. The document concludes by stating Locke and Mill best align with the author's view of individual rights, freedoms, and limited government.
The Muslim Concept of Sovereignty: Islamicjerusalem during the First Muslim C...islamicjerusalem
1) The document examines the Muslim concept of sovereignty through an analysis of early Muslim scholars like Al-Mawardi, Ibn Taymiyyah, and Ibn Khaldun and their interpretation of sovereignty based on the Quran and hadith.
2) It also explores how modern Muslim thinkers have discussed concepts like popular sovereignty and the sovereignty of the nation in relation to the ruler and community.
3) The analysis finds that early Muslim scholars viewed sovereignty as universal and absolute with Allah as the primary law-giver, while human rulers and states enjoyed limited autonomy to implement divine law.
Khomeini successfully led Iran's 1979 Islamic Revolution by capitalizing on popular discontent with the Shah's autocratic rule and poor governance. Khomeini promised to establish an Islamic government ruled by divine law that would eliminate corruption and foreign influence. He gained widespread support through his leadership skills and message of social justice. Martyrdom was also promoted as a revolutionary act against the despotic regime. Meanwhile, the Shah's repressive policies and economic reforms that mainly benefited the wealthy further eroded his popularity. Khomeini's exile in France also allowed him to more widely spread his anti-Shah message.
The document discusses the political system in Islam. It states that Islam teaches how to conduct all aspects of life, including governing a state. An Islamic state's purpose is to implement divine law as revealed by God. The political system is based on tawhid (unity of God), risala (prophethood), and khilafa (vicegerency). The duty of an Islamic ruler is to uphold worship obligations and ensure justice, welfare, and freedoms for all citizens.
What You Need To Know About Islami/Muslim Sharia Law ?MuslimSharia
Sharia is the Islamic religious law derived from the religious precepts of Islam, primarily from the Quran and the Hadiths. It covers both religious and secular aspects of life, including crime, politics, and personal matters. There are differing interpretations of sharia among Islamic sects and schools of jurisprudence. Historically, sharia was developed through scholarly consensus during the Islamic Golden Age, with varying implementations in Muslim-majority countries today. It remains a source of debate with regards to its compatibility with modern conceptions of human rights and secular governance.
The document discusses key concepts of Legalism, an ancient Chinese philosophy that emphasized rule by law and a powerful central government. According to Legalism, human nature is inherently selfish and people are driven by self-interest. In contrast to Confucianism which believed people could be governed by moral example, Legalism held that a strong ruler enforcing harsh and inflexible laws was needed to maintain stability and order. The Ch'in Dynasty put Legalist ideas into practice by unifying and standardizing China under Shih Huang Ti's powerful central rule.
Friedrich Carl von Savigny was a 19th century German jurist who is considered the founder of the historical school of law. He argued that law develops organically over time based on the shared customs and beliefs of a people, which he termed the "Volksgeist" or national spirit. Savigny believed that any legal system is an expression of the Volksgeist of the nation to which it belongs. Codification of laws should not be undertaken hastily without first thoroughly studying the historical development of a people's legal traditions and customs, as reflected in their Volksgeist. Savigny's concept of Volksgeist had a major influence on legal theory and opposed the natural law school's view
Zweigert and Kotz (1977): “The words suggest an intellectual activity with law as its object and comparison as its process.”
The comparison of the different legal systems of the world.
Kamba (1974): “Signifies the systematic application of the comparative technique to the field of law. It is the study of, and research in, law by the systematic comparison of two or more legal systems; or of parts, branches or aspects of two or more legal systems.”
The document discusses the theory of property rights. It developed in the 1960s-1970s from the work of economists like Robert Coase. The theory views property rights as social norms governing access to scarce resources. It analyzes how clearly defined property rights encourage certain behaviors by establishing incentives. The theory also recognizes that no property rights can ever be fully defined and protected given the costs of doing so. It compares different systems of private, public, and state property ownership and finds none to have absolute advantages.
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
International Human Rights Law
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
Universal Declaration of Human Rights
This document discusses human rights and provides definitions and background information. It identifies the following problems that will be discussed: 1) definition of human rights, 2) developments in human rights, 3) human rights in Islam, and 4) examples of human rights violations. The document limits the scope of the discussion to focus only on human rights. It then provides definitions of human rights from various sources and discusses the characteristics and purposes of human rights.
This document provides an introduction and overview of human rights. It discusses the following:
1. The definition, purpose, and basic characteristics of human rights, including that they are inherent and apply to all people equally.
2. The development of human rights thinking in four generations from a legal/political focus to inclusion of social, economic, cultural, and development rights.
3. An overview of the origins and developments of human rights ideas from documents like the Magna Carta to the four freedoms. It also discusses the development of human rights thinking in Indonesia.
This document provides an introduction and discussion of human rights. It begins with defining human rights as fundamental rights inherent in every human being. It then discusses the development of human rights thinking in four generations from a legal/political focus to emphasizing social, economic, cultural and political rights. The document also outlines human rights in Islam and how they are based on concepts of equality and brotherhood. It provides examples of human rights violations and notes that both state actors and individuals can violate human rights. It concludes that human rights are limited by the rights of others and protected by Indonesian law and human rights courts.
This document discusses the concepts of ethics, morality, and etiquette. It notes that while related, morality defines character, ethics guides application of morality, and etiquette focuses on social behavior. It also discusses professional ethics for lawyers, highlighting codes of conduct and their importance for public confidence, transparency, and integrity. The social contract theory is examined in relation to the formation of societies and governments. Kenya's constitution and legal framework are discussed in relation to this theory.
This document discusses ethics, morality, and professional ethics. It defines ethics as moral principles that govern a person's behavior or conduct, morality as distinguishing between right and wrong actions, and etiquette as governing social behavior within a group. Professional ethics refer to one's conduct while performing professional work. Legal ethics establish standards for behavior within the legal profession. The document also discusses various theories of ethics, including meta-ethics concerning the origins of ethical principles, and applied ethics examining controversial issues. It emphasizes the importance of ethics for professions in establishing duties and minimum standards of practice.
This document discusses the challenges of implementing Islamic law (sharia) in a democratic system in Indonesia. It outlines two approaches: 1) adapting sharia to fit modern democratic principles of equality, citizenship and human rights, and 2) keeping traditional, unchanged sharia and forcing its application in modern systems. The second approach risks endangering democratic principles like freedom of expression and belief and could discriminate against women and non-Muslims. While religious regulations aim to gain political support, they often prioritize issues like dress codes over more pressing problems. Overall, balancing sharia with democracy will be an ongoing learning process for Indonesia.
This document summarizes several theories of jurisprudence:
1. Natural Law Theory defines principles of right and wrong that are considered to emanate from a supreme source like God or reason. It argues that unjust laws are not true laws. Critics say the concept of morality varies over time and place.
2. Marxist theory views law as a tool for the economically dominant class to exploit the oppressed class. Marx predicted society would evolve from capitalism to perfect communism with the elimination of classes and the withering away of law and the state.
3. Stammler's Natural Law with Variable Content holds that just law aims to preserve individual freedom within society, with the criteria of just law varying over time and place.
This document provides an overview of the Islamic financial system. It begins with some background on the rise of globalization and different cultures attempting to contribute to the international business world. The author then discusses two challenges in writing about the Islamic financial system: 1) the religious background and 2) it not being a single, unified system. The rest of the document covers an introduction to Islam, common principles of Islamic finance like contractual fairness and social justice, prohibited transactions, modes of financing, and challenges facing Islamic finance.
This document provides an overview of the Islamic financial system. It begins with some background on the rise of globalization and different cultures attempting to contribute to the international business world. The author notes that the Islamic financial system was one such attempt to add Islamic beliefs and principles.
The author then discusses some of the challenges in writing about the Islamic financial system, such as differing applications across countries and the religious aspects. The rest of the document outlines what will be covered, including an introduction to Islam, common principles of Islamic finance, prohibited transactions, financing modes, and challenges. It provides some high-level context on the roots and goals of the Islamic financial system in adhering to Islamic law and principles.
Individualism developed after the Medieval period and Renaissance as people resisted hierarchies and focused on human potential. The Protestant Reformation also challenged authority and promoted individualistic ideals. Key principles of classical liberalism and individualism include the rule of law with equal treatment under clear rules, individual rights and freedoms like religion and voting, and private property rights over land and possessions. Economic freedom allows free markets with limited government intervention, and competition is seen as beneficial with individuals acting in self-interest inadvertently helping society through the "invisible hand" of supply and demand.
While Aristotle did not have a theory of human rights, his political theory can still provide a context for developing such a theory. Aristotle did not use language referring to rights, and instead emphasized notions like virtue, merit, and citizenship. Proponents of finding a notion of rights in Aristotle have to reinterpret his terminology, but it seems he thought in terms of worth and desert rather than rights. Aristotle also rejected some purposes of modern human rights theories, such as using rights to assert equality, limit government power, or justify revolution. However, his philosophy could still achieve purposes like identifying goods a just government should provide for citizens.
This document discusses concepts of rights and duties. It defines a right as an individual's entitlement to act in a certain way or have others act toward them. Legal rights are derived from legal systems, while moral rights (also called human rights) are based on moral principles and apply universally. Moral rights impose duties on others that allow individuals freedom of choice. They are correlated with duties and provide autonomy, equality, and basis for justifying actions. The document also discusses contractual rights/duties, Kant's theory of categorical imperative as a basis for moral rights, and problems with Kant's theory.
Freedom Of Expression Between General Categories And Enforcementinventionjournals
The author gives a reflection on freedom of expression as a general category in labour law by focusing over the complexity that arise from the globalised context. The author then presents an applied perspective of this theme by addressing it within the forthcoming Italian constitutional reform.
The document discusses the importance of the rule of law for sustained development. It argues that development requires participation from all disciplines, with law playing a pivotal role in facilitating orderly change. The rule of law promotes predictable, fair legal systems and limits arbitrary governance. Studies have found that nations with stronger rule of law tend to be wealthier. For countries to develop, the public must understand their reliance on the rule of law rather than nepotism or corruption. A sound legal framework is also important for attracting long-term investment by providing predictability and competition in the market. However, establishing rule of law depends on each country's unique circumstances.
Basic human right is a concept that can be related to every race, religion, belief, culture and country. Basic human right is aspiration of every individual to achieve happiness in their live.
This document discusses Shariah law and its sources and applicability in modern times. It outlines four main elements/sources of Shariah law: the Quran, hadiths, ijma (consensus of Islamic scholars), and qiyas (analogical reasoning). It also describes three categories of crimes under Shariah law - hadd (fixed punishments for offenses against God), qisas (equivalence law for intentional injuries), and tazir (discretionary punishments). The document aims to explain the concept of hudud (hadd crimes/punishments) and its suitability today given criticisms of its implementation.
a product of my intense :) research about public administration's ethics, accountability and corruption. reported in partial fulfillment of the course Public Administration 208 or the Philippine Administrative System, at UP Diliman, QC
This document summarizes a paper presented at the Kuala Lumpur International Business, Economics and Law Conference in November 2014.
The paper examines contemporary views on including modern forms of wealth, such as salaries, shares, and bank accounts, within the scope of zakat. It discusses how Muslim scholars have incorporated newly discovered sources of wealth not mentioned in the Quran or hadith.
The objectives and obligations of zakat are outlined, including establishing social welfare and protecting people from poverty. While some deny zakat obligations on non-traditional wealth, scholars justify including modern assets by citing Quranic principles of imposing zakat on all wealth.
The paper aims to advocate expanding z
This document discusses the phenomenon of life for the poor in city slums. It notes that slums tend to grow rapidly along with population growth, as low-income communities can only afford to build homes in undesignated areas. These slum settlements lack proper infrastructure and facilities. The document examines theories related to urban poverty and slums, and notes that existing theories are incremental and do not fully explain the links between urban poverty and slum formation. It also provides details on the locations and growth of slums in Semarang City, Indonesia, noting that slum areas lack orderly development and proper sanitation.
This document summarizes a paper presented at the Kuala Lumpur International Business, Economics and Law Conference in 2014. The paper discusses the relationship between open trade, economic growth, and environmental regulations in Iran. It notes that while economic growth is important, fast growth can damage the environment. There is a potential conflict between policies promoting growth and those protecting the natural world. The paper also examines international environmental law and various trade measures used by governments to protect the environment, as well as how free trade approaches in agreements like GATT can potentially limit some environmental regulations and protections.
This document discusses the impacts of establishing the Indonesian Financial Services Authority (OJK) on Indonesia's central bank. It notes that previously, different institutions regulated different types of financial institutions, which caused weak oversight. The OJK now regulates all financial institutions. Its establishment impacted various aspects of banks and non-bank financial institutions. It also shifted regulatory and supervisory tasks from Bank Indonesia to the OJK. There is a debate around whether oversight should be consolidated or separated, and the document discusses arguments on both sides regarding maintaining monetary stability and preventing conflicts of interest.
This document discusses the role and mandate of the UNHCR (United Nations High Commissioner for Refugees) office in Malaysia and the challenges it faces. It provides background on the establishment of UNHCR and its core mandate to protect refugees internationally on a non-political basis. The document outlines UNHCR's functions such as determining refugee status, providing shelter and assistance, and promoting international refugee conventions. It also discusses UNHCR's supervisory role over the 1951 Refugee Convention and challenges in fulfilling its mandate given limitations but need to engage with political issues among states. The relationship between UNHCR and authorities in Malaysia needs improvement to better respect UNHCR's role and powers in protecting refugees.
This document discusses establishing the "best interests of the child" principle as an international custom. It begins by defining the principle and how it was codified in the UN Convention on the Rights of the Child. It then analyzes whether the principle has become customary international law by examining its widespread acceptance and application by states. The document aims to show that treating the principle as customary law would strengthen protections for children by binding all states to consider children's best interests.
This document provides an overview of setting up a business in Indonesia. It discusses Indonesia's geography, political institutions, economy, and key business entities under Indonesian law. The main business structures available for foreign investors are representative offices, limited liability companies (PTs), and foreign direct investment through a PMA company. It also covers important considerations like employment laws, the banking and finance system, and insolvency regulations. The document aims to help foreign businesses understand Indonesia's legal framework for investment and establishing operations.
This document discusses factors that influence the regulation of sustainable watershed ecosystems in Indonesia. It notes that watershed degradation has accelerated due to increased natural resource utilization from population growth and economic development. Integrated watershed management is needed to balance ecosystem protection and sustainability. The Solo River watershed management requires stakeholder coordination and an integrated resource management plan developed participatorily. Local regulations are also needed to govern natural resource use across ecosystems and provinces in a sustainable manner balancing optimal utilization and conservation.
This document discusses financing of terrorism and its relationship to money laundering. It explains that financing of terrorism can occur through legitimate sources of money that are then used to fund terrorist activities, known as reverse money laundering. Indonesia has laws that criminalize financing of terrorism from both legal and illegal sources. The document provides background on definitions of terrorism and money laundering. It also outlines Indonesia's laws regarding money laundering and how they have evolved to incorporate financing of terrorism and address recommendations from the Financial Action Task Force.
This document discusses the use of discretionary authority by government officials in Indonesia to issue policy regulations. It argues that discretionary authority is an important tool for officials to carry out their duties optimally and realize good governance, even when existing laws do not provide complete regulation. However, officials often hesitate to use discretion due to doubts about contradicting the principle of legality. The ideal approach is for discretionary authority and policy regulations to work together as responsive and progressive law, facilitating diverse public needs. Officials need guidance to adopt progressive attitudes and confidence that discretionary actions will be legally justified if they realize good governance.
The document discusses indigenous community-based management as a new paradigm for natural resource management. It argues that current top-down management by the government does not involve local communities, but management should directly involve local communities given the complex, diverse characteristics of rural areas and communities' relationship with natural resources. The goal is to review management, find policies that improve local community welfare, and establish principles for resource management that affirm local communities.
This document discusses the regulatory regime of the internet in Malaysia. It provides an overview of how the internet was initially unregulated but licensing requirements were introduced with the Communications and Multimedia Act 1998. It also discusses Malaysia's policy of no censorship of the internet, though some websites have been blocked and individuals prosecuted for unlawful content. The document examines how laws like the Computer Crimes Act and CMA are used to regulate online content within this framework, seeking to understand the interplay between no censorship and regulation of the internet in Malaysia.
The document discusses the role of housewives in consumer protection in the village of Tianyar, Bali, Indonesia. It finds that housewives have an important role in selecting products for family consumption, but lack an understanding of consumer protection laws. Efforts are made through socialization to increase housewives' knowledge of identifying fraudulent products and standards. The role of housewives in product selection and awareness of consumer rights is important for implementing consumer protection laws.
This document summarizes the impact of coal mining waste on women micro, small and medium enterprises in the coastal fisheries sector in Bengkulu Province, Indonesia. Coal mining in the upstream watershed pollutes rivers with coal washing waste, impacting coastal ecosystems and fish resources. This greatly affects the fishing and fish processing businesses run by women in the coastal areas. The coal waste pollution can be detrimental to the women's businesses and livelihoods. Environmental regulations and policies need to provide better protection for coastal communities, especially women involved in fisheries.
This document discusses restorative justice as an approach to criminal justice that focuses on the needs of victims, offenders, and communities. It defines restorative justice and outlines its key principles, including viewing crimes as conflicts between individuals that cause injuries, aiming to reconcile parties and repair harm, and facilitating active participation of victims, offenders, and communities to find solutions. The document also discusses using restorative justice and mediation in Indonesia's criminal justice system to provide alternatives to punishment and protect victims' human dignity while encouraging offenders to take responsibility.
This document summarizes a paper about local wisdom in the customary law system of Penglipuran Village in Bali, Indonesia. It discusses how the indigenous peoples of Penglipuran Village have preserved their customary law and social order, respecting the values of their ancestors. The village was founded in 1833 and the people are descendants of inhabitants from an older village before Javanese influence arrived in Bali. The people of Penglipuran still highly respect their customary legal system and have maintained their unique identity and culture through the generations.
This document summarizes the concept of a populist economy in Indonesia's welfare state laws. It discusses how Indonesia's 1945 Constitution established it as a welfare state and features provisions to realize people's welfare through economic regulations. Key aspects of Indonesia's populist economy system include empowering small and medium enterprises, cooperatives, fair market mechanisms, and balancing national planning with decentralization. The document also briefly discusses how Indonesia qualifies as a state of law based on its founding constitution and aspirations of individual rights.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
1. Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
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PROPERTY RIGHTS ACCORDING TO THE QUR’AN AND SUNNAH AND THEIR ECONOMIC IMPLICATIONS FOR CONTEMPORARY SOCIETIES
Muhammed Habib Dolgun Ph.D. Candidate, INCEIF, Kuala Lumpur, Malaysia, Email: habibdolgun@gmail.com
ABSTRACT
Property rights are among the most important human rights that are carefully protected in Islam. Property rights are clearly defined in Islam and there are many institutions desgined to safeguard these rights. Moreover, there are distinct ethical and legal obligations in Islamic jurisprudence that govern the acquisition of private ownership. Generally, the use of property is restricted by the prohibition of ribā, gharar and hoarding and the obligation of paying zakat and sadaqah. Ostensibly, these legal and moral limits have the benefit of protecting property rights, promoting more equal income distribution and the well-being of individuals and society at-large. The success or failure in protecting property rights has contributed to many civilazations’ emergence and collapse. Since the main playing role is given to the individual for obeying rules, it is not expected from the government to play an active role in Islam because it is expected that all individuals would become rule-compliant. Moreover, the individual is given the most critical role to facilitate the efficient allocation of resources. This paper reviews both the theoretical and empirical evidence supporting and refuting the legal views of property rights according to Islam. The differences between Islamic perspective and conventional theories have been widely discussed and the rules governing property rights clearly specified. We will also assess the implications of the protection of property rights in modern times. Likewise this humble paper will attempt to clarify whether the Qur’ān and the Sunnah acknowledge basic property rights which are vital to societal development and economic growth.
Keywords: Property Rights, Rules, Qur’an, Islam
INTRODUCTION
Though academics have been discussing Islamic finance for nearly 40 years, one of the basic issues that has not been paid enough attention is the concept of property rights and their effects Islamic financial practices. What makes this issue particularly relevant is that effective and properly defined property rights are essential in creating the preconditions for economic growth. Accordingly, Islam acknowledges and endorses private ownership of assets. In fact, the Qur’ān contains various rules which check and balance the property rights against the obligations of ownership, such as the Qur’ānic prohibition of ribā, gharar and hoarding. The Sha’ria directs that it is a divine obligation for everyone to work and use their abilities to gain a just reward from their efforts. An individual can acquire property, including the means of production through a host of legitimate means. Mukhtesib and the protection of free market are important concepts that protect rights of individuals in Islamic societies.
By definition, property is a thing, asset or resource that has value in use. It may have value in exchange but fundamentally it has value in use (Mirakhor at all, 2009). Property rights include the right to earn and acquire property, the right to own, possess and enjoy property and finally the right to alienate such property through sale, gift, exchange, will or other lawful means. Islam recognises all these rights to property and granted the same to its followers some fourteen hundred years ago.
2. Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
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Balala (2011) says that it is important in distinguishing between proprietary and personal rights, to highlight the criteria that define each respective category. Property rights, whether real or personal in nature, are proprietary in nature, whereas personal rights are non-proprietary and cannot be traded-in except through contracts between the contracting parties. The terminology for property is haqq, which lieterally means one’s “right”. In any case, the concept of property under Islamic law is elastic and has evolved at different times based on the values and objectives of the society. Saleem (2009) notes that property rights can be financial or non-financial and if rights are related with the property these rights are financial rights. If the rights are related with a person, then these rights are non-financial rights. Islamic Law imposes certain obligations and limitation for the usage of rights, which means that rights are not absolute.
Levine (2005) argues that the law, property rights and contracting are inseparable. According to Levine’s definition, we can use financial rights interchangeably with property rights. Legal systems consist of the entire apparatus of courts, procedures, and institutions associated with enforcing all rights. Al- Zuhayli (2002) claims that for the Hanafi School of fiqh, in order for a commodity to be defined as property (maal) it must be useful and able to be saved for later use. Services and mere rights are not considered commodities for the Hanafis.
One of the most important concept regarding social and political theories is the concept of‘consent’. In the Shari’ah, consent has two tenets. The first tenet is to become comply with the rules and regulations. This tenet can be divided into two requirements. The first requirement is to comply with the obligatory rules for all individuals. The second part is to comply with the moral, ethical and all other rules of society or religion. The second dimension of consent is to obey to the ‘coercive power’. Without giving consent to the social contract of application of ‘coercive power’, nobody can be forced to obey the rules or coercive power. In Islam consent is given for both rules and coercive power. For this reason, all individuals should to be rule-compliant. If an individual gives consent to the political power, such authority has the obligation to protect the individual’s rights, including his or her property rights. Bashir (2011) claims that the general tenets of Islam motivate human beings properly to act rightly on their own, so that the coercive powers of the state are used to the minimum extent necessary.
In Islam, concepts of property rights are very broad concept and cover all mental and physical productions. Some jurists are still discussing ‘land reform’ in Islamic countries to protect the property rights of individuals. Since it is possible in this day an age to prepare a web-page and become millionare in a short period of time, it is ridicilous to focus on discussions of land reform. Hence, removing barriers for intellectual property rights is a very crucial factor for Islamic World. The objective of this paper is to give an overview of property rights in Islam, the basic principles and rules of property rights and the economic implications of property rights concepts in the modern world. First of all, the literature of property rights will be assessed. Then the rules of property rights will be discussed in details. At the end of the paper, the implications of protection of property rights are deliberated.
LITERATURE REVIEW
Property Rights in Western Thought
In the western civilization context, the liberal theorists claim that private property and the pursuit of profit motivates individuals to play an effective role in the market to maximize their utility. Therefore, the concept of private property in ‘Liberal Thought’ is the bases for incentive structure of market and efficiency of market. Moreover it is claimed that a primary function of property rights is that of guiding incentives to achieve a greater internalization of externalities (Demsetz, 1967). Without having the right of private property, the markets would not achieve the equilibrium point.
3. Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
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In Western history, one of the first philosophers who wrote on property rights was Thomas Hobbes, (1588 – 1679). In his book, Leviathan (1651), he developed the conceptual framework for the right of the individual and suggested that all legitimate political power must be "representative" and based on the consent of the individual and having a "social contract" is the only way of securing individuals’ property rights. After him, John Locke (1632-1704) contributed social contract theory by defining ‘the self’ through the concept of ‘consciousness’ and his theory of mind added value to the formation of property rights and affected the work of later philosophers such as David Hume, Jeremy Bentham, John Stuart Mill and Adam Smith.
After Locke, Adam Smith (1776) went one step more by claiming that private contract is a critical prerequisite for the voluntary, mutually beneficial exchanges that the means of specialization, innovation, and economic growth. Further, according to J. Bentham (1748-1832) and J. S. Mill, the main appetite and incentive structure for having private property is to maximize utility. Bentham suggested that maximizing utility is good both for the individuals and for the society. However, Bentham could not define the incentive structure properly and so he used Smith’s structure. Moreover, Nozick (1974) suggested that the ‘sacrosanctity of life made property rights non-negotiable’, such that an individual's personal liberty made state policies of redistribution illegitimate. Nozick (1974) rejected the notion of absolute rights advanced by Locke and claims that the notion of a "free system" would allow adults to voluntarily enter into non- coercive slave contracts.
On the other hand, Hegel critically evaluated private property that it may create an unhealthy desire for wealth accumulation. Karl Marx saw private property as the first evil and J.J. Rousseau claims that the first foolish man is the one who surrounded a piece of land as private property. On the other hand, Hayek (1960) argued that protecting private property rights is vital for preventing coercion, securing liberty, and enhancing personal welfare.
More recently, a growing body of empirical work demonstrates a strong positive association between the degree to which countries protect private property and economic development. There are many property right indexes that show that there is close relationship between protecting rights and development1. Although the protection of all property rights notion has a very short history in Western countries comparing to Muslim World, they have been able to consolidate these thoughts and apply the synthesis of these different liberal, structural and libertarian thoughts to protect property rights properly.
On the other hand, protection of property rights requires a strong individual support, rule- compliant environment and as well as well-structured institutions that enforce property rights, facilitates fulfillment of contracts. The incentive structure of private property is necessary to motivate people towards greater efficiency and improved quality. Equally Levine (2005) states that private property rights are crucial for personal welfare and economic development. For this reason, socialist countries, which did not give any private property rights to individuals, could not protect their collapse and today in many post- socialist countries the importance of property rights is now being increasingly recognized.
Legal scholars emphasize differences between French, German civil law and British Anglo- Saxons common law systems (Levine, 2005) and Hayek (1960) stress that compared to the British common law, the French civil law places comparatively less emphasis on private property rights and more emphasis on the rights of the state. Beck et all (2003) examine the relationship between legal origin and measures of private property rights protection. In Beck et all (2003)’s core results, they find a strong negative relationship between a country having a French civil law tradition and its level of property rights. Acemoglu et all (2005) present specifications in which the relationships between legal origin and some property rights indexes are not robust. In terms of the law view, many French civil law developing countries rank very highly in terms of property rights, like Chile, Morocco, Philippines, and Turkey. These countries show some evidence that legal systems that apply rules strictly to protect property rights are much more effective independent from the origin of law systems.
1 Such as, Global Competitive Report 2014-2015, published by Global Economic Forum, www.weforum.org
4. Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
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Property Rights in Islam
Property rights in Islam does not have gradual process because all property rights have been protected by the clear message of the Qur’ān and the Sunnah of Prophet Mohammad S.A.W. Mirakhor et all (2009) state that according to the Qur’ān everything in the universe originally belongs to Allah S.W.T. and all properties have been given to the human beings in common to use. According to Qur’ān, humans are successor of Allah S.W.T. on earth (Latif, 2002, Mirakhor and Hamid, 2009, Bashir, 2011), and His trustee in the management of the things in the world. A successor or a trustee is given the property and property right for a certain period. If the successor or the trustee properly use the property and obey the rules that specified by the Real Owner and Creator of the property, the trustee would be rewarded and the outcomes of the property would be enjoyed in this world too. In this sense we can say that the ownership of property in Islam is mainly a beneficiary ownership. Humans’ common property right over the world is not obtained naturally. Rather, it is a transfer of right from the first Owner to the successor. This is “amanah” to humans.
The mission of developing the earth arising from the khilafah state provides the imperative for growth and development with minimal level of poverty (Mirakhor and Hamid, 2009). Latif, (2002) stressed that the Qur’ān assigns to man “the vicegerency of Allah S.W.T. on earth” for this world because it is desired that man should have a peaceful order of existence in this world by applying rules of the Qur’ān. Bashir, (2011) suggests that ownership rights in Islam originate from the concept of khilafah (stewardship).
The Qur’ān states:
“It is He who hath made you (His) vicegerents (or stewards), inheritors of the earth. He hath raised you in ranks, some above others; that He may try you in the gifts he hath given you.” (6:165)
Since the property is amanah, it is subject to certain conditions and fiduciary duties. The Qur’an states that Allah S.W.T. is the owner of everything because He has created everything and also permits humans to use their labor in order to acquire private property rights. As a successor and trustee of Allah S.W.T. on earth, humans are to “manage” and run the world according to the terms of Successor-ship and Trustee-ship. That is, humans shall manage the world according to the principles of justice. However, the best way of maintaning justice in this world can be learned only by looking to the divine source, which have been sent by The Creator.
“Verily Allah S.W.T. has purchased from the believers their persons and property that Paradise might be theirs”.
Nursi (1936) discusses this verse by saying that the surging field of battle is the tempestuous surface of the world, which ceaselessly changes, dissolves and reforms and causes every man to think to find the ways of transforming the perishing property into eternal property. According to Nursi (1936) since it is not possible to protect the property eternally in this transient world, the best way of protection is to sell the property to Allah S.W.T. Since human beings are indigent and resourceless, they will have the trouble and concern of administering and preserving the property. But at the same time humans would be punished for betraying their trust if they could not keep their property. Moreover, if they sell the property to the Monarch of Pre-Eternity and Post-Eternity, Sustainer and Creator, they become the soldier and act in Allah’s name and use all property, the estates, machinery, tools, body, spirit and heart, outward and inward senses, intelligence and imagination, which all of them became eternal property. To sell the trust received back to its True Owner has the many profits, one of them is that transient property becomes everlasting. Nursi (1936) claims that selling the property to Allah S.W.T. means to use the property in which has defined by Allah S.W.T. in the Qur’an and showed by the Prophet S.A.W.
Mirakhor (2009) claims that compliance with the prescribed rules of behavior such as trustworthiness, truthfulness, obeying the terms and conditions of contracts, transparency in market transactions, and non-interference to market conditions and the price mechanism create a reasonably strong economy where everbody can reach the same information and participants engage in transactions
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confidently with minimal concern for others decisions. Rules regarding redistribution and prohibition of idle wealth accumulation would reinforce the availability of resources for saving and investment.
“Believe in Allah and His messenger, and spend of that whereof He made you trustee.” (57:7)
This Verse and many other Verses (Such as 2:261) introduces the incentive structure that, a person entrusted with wealth can achieve the highest degree of virtue by spending out of his wealth within the boundaries. This means that, the objectives of the Sharia are to concern to both this world and to the life hereafter, which is developing self-accountability. That is, the belief in the hereafter, which extends the life horizon beyond physical death, elicits an intertemporal behavior (Bashir, 2011). For example, when someone decides to pursue a business venture, he must take into consideration not only his expected profits but also the eternal rewards he might get from benefiting the community. This means that he should care moral rules and principles that regulate the legitimate sources of acquiring property and its disposal for achieving two basic objectives: restoring al-adl (socioeconomic justice) and promoting al-ihsān (mutual benevolence) (Qur’ān 16:90). Chapra (2007) claims that Islam’s vision of economic system makes it very crucial to use resources for fulfilling the essential needs of all human beings.
Islam places great importance on the preservation of property rights, defines a balance between the rights of individuals, society and the state, and strongly prohibits encroachment on anyone’s property rights. The private property obligations reject the notion that a person does no harm to members of his group if as a result of his effort he is better off and others are no worse off than they would otherwise be. The market’s institutional structure is built around five pillars (Mirakhor et all, 2009): (a) property rights, (b) the free flow of information, (c) trust, (d) contract and (e) the right not to be harmed by others, and the obligation not to harm anyone. Together, they serve to reduce uncertainty and transaction costs and enable cooperation and collective action to proceed unhindered.
There are many verses of the Holy Qur’ān and Ahadith of Prophet Muhammad (S.A.W.) which recognise the right of an individual to use the property (such as, 4:32, 53:39-41, 2:254, 2:267, 9:103). Warde (2000) claims that Islam innovated in its perspective on private property, its emphasis on written contracts, and more generally, its favourable view of business endeavours. Some Islamic business forms, such as the commenda partnership, have found their way in European legal codes (Cizakca 2011). Islam from its inception explicitly legitimized private property, business enterprise and profit. Warde (2000) mentions that in medieval Muslim society, the Shariah was often used as a shield for private property against arbitrary confiscation.
RULES OF PROPERTY RIGHTS
These property rights can be used only with some rules. Some of these rules defined in this paper mainly are derived from the Qur’an and the Sunnah and also from the writings of Mirakhor et all (2009), Mirakhor and Hamid (2009), Iqbal and Mirakhor (2011). Also, different interpretation and aspects have been added to these rules.
The Supreme Creator Is The Ultimate Owner Of All Properties And Assets
Allah swt has created all property and He is the ultimate owner. In order that humans become materially able to perform duties and obligations prescribed by the Law Giver, they have been granted a conditional right of possession of property; this right is granted to the collectivity of humans (as Mirakhor et all (2009) state). All natural means of production, and resources which subscribe to man's living, have been created by Allah S.W.T.. It is He who made them as they are and set them to follow the laws of nature that make them
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useful for man. It is He who allowed man to exploit them and placed them at his disposal. It is for Allah S.W.T. to draw this line; for none else.
Under the, sovereign command of Allah S.W.T. and within the limits imposed by Him, the Qur’ān recognizes the right of holding private property as implied in several verses.
“Allah is the one who created you, then provided for you, then will cause you to die, and then will give you life. Are there any of your "partners" who does anything of that? Exalted is He and high above what they associate with Him.” (30: 40)
“That is Allah, your Lord; there is no deity except Him, the Creator of all things, so worship Him. And He is Disposer of all things.” (6:102)
"Allah has created you and what you make“ (37:96)
“And to Allah belongs the dominion of the heavens and the earth and whatever is between them. He creates what He wills, and Allah is over all things competent. (5:17)”
The Qur’ān in these Verses makes clear that all property and the rights of using property given to human beings belongs to the Creator who has made all the created resources available for humans to empower them to perform what their Creator expects of them. In these verses and in many other verses (such as, 81 of 16, 29 of 2 and 33 of 14) it is stated that all the creators, humans, moon, sun, night and day are created by Allah S.W.T. and given to humans for special services. We understand from these Verses that the right of use and right of possession is given to human beings for a short period of time.
The Right of Collectivity To The Created Resources
According to Islam, the right of possession is a ‘collective right’ and given to all individuals who can only earn a priority in the use of these resources. While a part of these resources is reserved for the exclusive possession of the collectivity, the remaining part is allowed to become the possession of an individual without the collectivity losing its initial right of possession to these resources. Resources are given all humans to perform their basic duties prescribed by the Qur’an and specified by the Perfect Guide S.A.W. However, when individuals apply their creative labor to these resources, they get or acquire a right of priority in the use and enjoyment of the resulting product, but without the prior rights of others being nullified. This proposition becomes a legislative basis for requiring preservation of society’s well - being and interests. Social interest and the collective dimension of human life demand that individual freedom is kept within certain limits and a balance is created in such a way that the individual, the society, and the state each has a claim on property rights in respect of the roles assigned to them. Mirakhor et all (2009) write that the individual’s possession and usage of the property is allowed and protected by the Shari’ah as long as it does not conflict with society’s interests. Ibn Taimiyah viewed property as a right to utilize an object but a right of varying kinds and degrees. Rules concerning the acquisition, possession, usage and disposal of property should be looked at as regulations rather than restrictions.
The Combination of the Labor
Individuals are encouraged to use their labor to get resources by combining their physical and intellectual abilities with the created resources. The high admiration for work in the Qur’an (9:105) is a clear incentive to innovation and novelty. Hence, individuals are encouraged to invest in their human capital development. Bashir (2011) suggests that work is considered to be a perfectly legitimate vehicle for acquiring property in so far as it is in conformity with certain moral requisites.
Indeed, intellectual property rights are acknowledged and safeguarded by the Sha’ria. Since work and transfers are the only sources of property rights claims, work is the basis of acquisition of right to property.
“And that man hath only that for which he maketh effort. (53:39)”
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Any property that is considered counterproductive or non - beneficial loses its legitimacy and its associated rights (Mirakhor et all 2009). Hoarding with the intention of creating artificial scarcity and profi teering are considered unacceptable means of building wealth and property. Similarly, property acquired through breach of trust, adulteration, non - compliance with weights and measures, or unethical means does not satisfy the defi nition of property and therefore its ownership is not considered legitimate.
Arif and Iqbal (2011) say that Islam requires every individual to work and to produce. Prophet Muhammad S.A.W. teaches: ‘Never be lazy and helpless’ (Rahman, 1994, p.9). Moreover, the main route to economic achievement is hard work and assumption of risk. The centrality of work and deed in Islamic thinking is succinctly addressed in the Holy Qur’ān:
“Is it they who would portion out the Mercy of thy Lord? It is We Who portion out between them their livelihood in the life of this world: and We raise some of them above others in ranks so that some may command work from others. But the Mercy of thy Lord is better than the (wealth) which they amass. (Az-Zukhruf, 43:32)”
In this context, useful work is that which benefits others and society. Subsequently, those who work hard are acknowledged and are rewarded.
Arif and Iqbal (2011) claim that the emphasis on ‘property rights’ in Islam justifies why stakeholders should be included in decision- making and accountability. The rights of others are considered property and subject to the Islamic rules governing the violation of any of those property rights.
The Duty Of ‘Sharing’
Private property rights are regarded as a trust held to effect sharing. Since all members of society have an equal right and opportunity to access the natural resources, the right of priority in the possession, use or market exchange of property does not give and right to not share with others. In several verses the Qur’ān talks about the indigents’ right in the rich’s property. The Qur’an acknowledges that there is a residual right in the property of the rich for the needy. Common and private property are the mixture of “grant” and “natural rights”. This principle regards private property ownership rights as a trust held to affect sharing, which is implemented through redistributive mechanisms, such as zakah.
“Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together and for freeing captives and for those in debt and for the cause of Allah and for the [stranded] traveler – an obligation [imposed] by Allah . And Allah is Knowing and Wise. (9:60)
“And [in charity] do not make your hand [as] chained to your neck [i.e. stingy] or extend it completely and [thereby] become blamed and insolvent.” (17:29)
“And do not make your hand [as] chained to your neck [i.e. stingy] or extend it completely and [thereby] become blamed and insolvent.” (:29)
Zakat (or Sadaqah) is money or any other kind of property which is given to the poor and few other groups of people that the Qur’an names them. This is not a voluntary act, but a religious obligation. A system for “distributive justice” is prescribed by Quran the purpose and effect of which are to redistribute the wealth in the society. Unlike other naturalist theories, the Qur’an does not try to justify this duty based on an “ implicit compact” or “need”. Rather, the Qur’an introduces “poverty” as an inherently unjust phenomenon which must be prevented and/or rectified. Therefore, it is inherently right for a person to give away part of his private property to charity. Moreover, Zakat is not only for the good of society but also necessary for the moral development and purification and salvation of the giver. It is not only a tax, but also an act of worship just like prayer.
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Limitation On The Right Of Disposing Of The Property
According to the Qur’an, a limitation on the right of disposing of the property should be imposed. Individuals have a severely mandated obligation not to waste, destroy, squander, or use property for unlawful purposes. Islam recognizes that the Divine Providence has endowed individuals with unique and unequal abilities and that some individuals have greater mental and/or physical capacities and, consequently, are capable of obtaining title to a larger amount of property and assets. But this only means that such individuals’ responsibilities and obligations are greater than those of others. However, once these individuals have discharged their duties of sharing, in the prescribed manner and in the prescribed amount, and provided they are not in violation of the rules of Shari’ah, their rights to their possessions are held inviolate and no one has any right to force appropriation (or expropriation) of that person’s property to anyone else. There are three important concepts related with this principle; Israf, Itlaf and Itraf.
a- Israf means using too much resource. Ibn Maccce reported that the Prophet warned one of His companions that "taking wudu but wasting israf. Imam Al-Shafe’i (a renowned jurist) is of the opinion that when individuals go beyond the point of moderation in expenditure, even if they are spending on good and lawful things, their property should be placed under the custody of the State. This is because Islam attaches great importance to protecting people from harm. The Prophet is reported to have said “to cause harm to others is not allowed in Islam.”
“… Eat of [each of] its fruit when it yields and give its due [zakah] on the day of its harvest. And be not excessive. Indeed, He does not like those who commit excess.” (6:141)
“O children of Adam, take your adornment at every masjid, and eat and drink, but be not excessive. Indeed, He likes not those who commit excess.” (7:31)
b- Itlaf is making existing thing as non existing without any reason. In the Musned of Ahmed Hanbel, the Prophet Mohammed S.A.W. said that if a person kills rat(small bird) without any reason, this bird in the day of accounting would demanding its rights from this person. This means that we can not make itlaf in any case.
“And do not consume your property unjustly …while you know [it is unjust]. (Al-Baqarah: 188)”
c- Itraf is close to oppulance, which means to spent money to buy something for showing people that how rich you are.
“And similarly, We did not send before you any warner into a city except that its affluent said, "Indeed, we found our fathers upon a religion, and we are, in their footsteps, following."(43:23)
"O ye who believe! eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual good-will: nor kill (or destroy) yourselves: for verily Allah S.W.T. hath been to you Most Merciful." (4:29)
Poverty and wealth are trials of one’s commitment to the higher spiritual order. According to the Islamic view, the rejection of asceticism is not an invitation to hedonistic consumption.
The Protection Of The Inability Persons
Since created resources belong to all humans, the inability of a person (physical, mental or circumstances) to access these resources does not negate the individual’s right to these resources;
“And from their properties was [given] the right [Hagh] of the [needy] petitioner and the deprived” (Al-Dhaariat; 19)
The societal institutional structure that allows wealth accumulation but is deficient in fully redeeming the rights of less able in the wealth of the rich and powerful, leading to abundance for some and scarcity for many. Repayment of debt to the people who inable to reach to the resources.
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No Accumulation of Wealth
Property rights must not lead to accumulation of wealth as the latter is considered the life blood of the society which must constantly circulate to create investment, employment, income and economic growth opportunities. Property is not means of exclusion but inclusion, in which the rights of those less able in the wealth of the more able were redeemed and in which as a result there is no poverty and distribution (Mirakhor and Hamid, 2009). The Islamic view holds that it is not possible to have many rich and wealthy people who continue to focus all their efforts on accumulating wealth without simultaneously creating a mass of economically deprived and destitute. The rich consume opulently while the poor suffer from deprivation because their rights in the wealth of the rich and powerful is not redeemed. To avoid this, Islam prohibits wealth accumulation, imposes limits on consumption through its rules prohibiting overspending, waste and opulent spending (Mirakhor, 2007).
The Right of Access to Resources Belongs To All Mankind
It is through its rules of property rights that Islam envisions economic growth and poverty alleviation in human societies (Mirakhor, 2009). The latter is accomplished through the discharge of the obligation of sharing derived from the property rights principles which envision the economically less able as the silent partners of the more able. In effect, the more able are trustee-agents in using resources created by Allah swt on behalf of themselves and the less able. This means that property rights are not a means of exclusion but of inclusion of the less able in the income. In Islam, the more able are require to share the consequences of the materialisation of idiosyncratic risks - illness, bankruptcy, disability, accidents and socio-economic disadvantaged - for those who are unable to provide for themselves.
The Capacity and Duty
The Quran distinguishes between existence of rights and existence of duties, in which “duty” is the result of one’s capacity and efforts. The Qur’ān does not approve of a system of property right which is tailored by the State solely on the basis of “maximization of pleasure and minimization of pain”. The property system is treated differently by Quran than “rights”.
“… We do not impose on any soul a duty except to the extent of its ability…“ (6:152)
“Allah does not charge a soul except [with that within] its capacity. It will have what [good] it has gained, and it will bear [the consequence of ] what [evil] it has earned. ….” (2: 286)
Everyone in the society can obey these rules and fulfill his or her duty.
Distribution and Inheritance of the Property
The Qur’ānic rule with regard to the property which a person leaves behind him after his or her death is that it should be distributed among his parents, children, and wife (or husband, as the case may be) according to a specified ratio. If he leaves neither parents nor children, his brothers and sisters should divide it. The guiding principle here is that property accumulated by a person during his life-time should not remain accumulated there after his death but scatter among his kinsfolk. This is opposed to the principle underlying primogeniture, the joint family, and other like systems which aim at keeping accumulated wealth accumulated even after the death of its holder. Besides this if a person is leaving much wealth he may bequeath a part of it for charitable purposes or works of social welfare. The Qur’ānic direction in respect of properties, wealth, and incomes that belong to the State is that they should be used for the welfare of poor and inability persons.
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INSTITUTIONS FOR THE PROTECTION OF PROPERTY RIGHTS
In Islam the central role of protection of property rights is given to individuals. Therefore, many orders of the Qur’ān define the obligations of individuals. If all individuals obey the rules of Qur’ān, then the property rights of all people would be protected in a perfect way. However, since individuals have different innate nature, applying the same rules may emerge some conflicts. For this reason, Islam proposes some institutions for the protection of property rights. Bashir (2011) claims that the enforcement of property rights can only begin with the establishment of legal as well as economic institutions. This is important because legal and economic institutions are inextricably linked and complementary to each other. Conversely, the lack of a well-defined legal system specifying the domain and limitations of property rights would undermine any efforts to encourage individuals to enter into long-term contracts. For this reason, the Sharia requires establishing institutions that will regulate, codify, and enforce property rights. These are legal and market and financial institutions.
Legal Institutions
Some of the property rights should be protected with the coercive power. In ideal case, all people protect others’ rights. But in real world we need some legal institutions which have coercive power to protect people against others’ greedy or appetites. Bashir (2011) mentions that there exist comprehensive clauses specifying the rights and responsibilities of property owners in Islamic Legal system which deal with applications of the rules of inheritance, transferring property or fulfillment of contracts.
Market Institutions (Free Bazaar)
Bashir (2011) claims that in endorsing economic freedom and allowing maximum scope to market forces, the Sharia acknowledges the market mechanism as a vehicle for the determination of commodity prices. Full and unlimited access to the market, by all buyers and sellers, is advocated as a prerequisite for the free working of a liberal economy. Moreover, full disclosure of the quality of goods being offered for sale and noninterference with suppliers before entrance into the market is required. In this market there is no hoarding, no monopoly. Price can not be fixed by state or public authorities. There is no fixed place in the market. Perfect competition, symmetric information and protection of all property rights are the basic characteristics of this free bazaar.
Financial Institutions (Mukhtesib)
There are mukhesib in these markets, which are responsible for maintaining stability and security in the market. For this reason commerce and trade were in widespread use in the Islamic world from the beginning of the Islamic Era. Mirakhor and Hamid (2009) say that the Prophet appointed market supervisors whose job was to ensure rule compliance. It is reported that often the Prophet himself would enter the market and exhort participants to rule compliance. He would often urge market participants to self regulate in compliance with the all-important behavioural rules. The damage to the economy due to malfunctioning markets can be quite serious.
TOOLS OF PROTECTING PROPERTY RIGHTS FOR CONTEMPORARY SOCIETIES
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Fulfillment of Contract and Trust
Fulfillment of contract is one of the bases of the protection of property rights and trust is strength of Muslims in exchange of goods. These factors allocate risks by providing for future contingencies and set obligations for each party and each state in the future as well as remedies for breech of contracts. Islam anchors all socio-political-economic relations on contracts. The Qur’an (152:6) orders the Muslims to fulfill the covenant of Allah. This is extended to the terms and conditions of all contracts through another clear verse (1:5) in which believers are ordered to be faithful to their contracts. The believers are ordered to protect faithfulness to their covenants and what has been placed in trust with them as a shepherd protects sheep (8:32; 34:17; 172:2; 91-92:16). Thus, believers should take on contractual obligations only if they intend fully to fulfill them. Believers made a covenant with the Allah (S.W.T.) and they are in progress to move in return to Allah S.W.T. This is a truly and absolute freedom to human being to obey the rules of covenants and liberation in order to be free to make choices.
Contracts without trust would increase the cost of transactions and the code of the behavior int he market would be suspicious. Without the trust, contracts become difficult to negotiate and conclude and costly to monitor and enforce. Empirical research has shown that where the problem of lack of commitment exists and is significant, it leads to disruption in economic, political and social interaction among people (Ibrahim et all, 2014). Considering these issues, one can appreciate the strong emphasis that the Quran has placed on trust, trustworthiness (verse 27:8 and 57:4) and on the need to fulfill terms and conditions of contracts, covenants, and promises. These rules solve the problem of credible commitment and trust, thus facilitate long-term contracts.
The life of the Prophet (pbuh) is a shining illustration of the implementation of the guidance of Allah (swt) in maintaining trust. Regarded as eminently trustworthy even before his divine appointment, the Prophet expended a great deal of effort in modifying when possible and changing when necessary the behavior of the community in respect of trustworthiness. Mirakhor and Iqbal (2011) suggest that Islam upholds contractual obligations as a sacred duty which reducec the risk of asymmetric information and moral hazard. When and where trust is weak, complicated and costly administrative devices are needed to enforce contracts. Problems are exacerbated when, in addition to lack of trust, property rights are poorly defined and protected (Sheng, 2009). Under these circumstances, it becomes difficult to specify clearly the terms of contract since transaction costs—that is, search and information costs, bargaining and decision costs, contract negotiations, and enforcement costs—are high. Consequently, there is less trade, fewer market participants, less long-term investment, lower productivity, and slower economic growth.
Decreasing Powerty
The Qur’an gives the objective for the society to establish a healthy and developing economy in which there is neither extremes of wealth nor poverty (Mirakhor and Hamid, 2009). An economy in which all humans have equal opportunity to access all resources would be stable economy. In this economy, there would be no powerty and more equal distribution of income. This is because, Islam not only requires the removal of poverty and fulfillment of everyone’s needs, primarily through a respectable source of earning, but also emphasizes the social self-help programme of zakāh, sadaqat and awqaf. It would, however, be a mistake to rely primarily on these contributions to realize the objective of equitable distribution of the income and wealth. It is also necessary to accelerate development and to adopt all other Shariah complaint methods. The greater the economic growth, the more rapidly will structural unemployment disappear, the less resistance of every kind will there be to progress.
Arif and Iqbal (2011) say that every human being has a minimum requirement to be able to live in dignity. The system is balanced out through the act of zakat. If this source is not enough, the Islamic government would apply a temporary tax on the rich and affluent to balance the budget as a religious duty (fard kefaya).
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Increasing Equal Distribution Of Income And Long-Term Growth
The innovation to promote the equitable distribution of income and wealth and to long - term sustainable economic development. The Qur’ān requires that wealth should not circulate only among the rich (59:7). For this reason, equitable distribution of income and wealth is needed. This is because excessive differences in income and wealth cause in many problems to those who are extremely poor. Hence, Islam not only requires the removal of poverty and fulfillment of everyone’s needs, primarily through a respectable source of earning, but also emphasizes the social self-help programme of zakāh, sadaqat and awqaf. It would, however, be a mistake to rely primarily on these contributions to realize the objective of equitable distribution of the income and wealth. It is also necessary to accelerate development and to adopt all other Shariah complaint methods.
Risk Sharing
If all property rights would be protected, the risk would be shared in the society, because every individual would share some risk. Nobody in this society can transfer his or her risk to another. Risk sharing is based on the principle of liability, which states that profit and loss is justified on the basis of taking responsibility, possibly even becoming responsible for the loss and the consequences (Mirakhor, 2010).
Protecting Dignity Of Every Individual
The Shari’ah offers a comprehensive framework to identify, recognize, respect and protect the rights of every individual, community, society and the state. Islamic scholars and jurists have defined very detailed principles identifying these rights.
Efficiency And Free Competition In The Market
The protection of property rights is the insurance of free competition in the market. Since, there are many rules governing the rights of the individual, society, and state; the laws governing property ownership; and the framework of contracts, there is efficiency and trust in the market which diminishes the asymmetric information and moral hazard. Adam and Thomas (2004) say that in many emerging markets, including Muslim countries, property rights are not well-defined. Protecting these rights increase the efficiency and symmetric information in the market.
ECONOMIC DEVELOPMENT AND PROPERTY RIGHTS
History shows that the Muslims progressed when they have protected the property rights according to the Qur’an and the Sunnah. Similarly history shows that Muslims fell into decline and disaster to the degree of their weakness in adhering to the principles of Islam. We know that all Muslim countries have many troubles today. These problems are direct result of the quality of Muslims who are living in these societies. Chapra (2007) and Naqvi (1994) are on the position that the main problems of today’s Muslim States are having injustice, bad distribution of wealth, non-compliant rulers, unemployment, and not having Shura and democratic states. All of these problems are contributing to the current economic state of Muslim Countries. Chapra (2007) gives a soft power to the government in order to protect rights and introduce Islamic values in society. Although this role requires a minimum intervention, the coercive power can not be controlled when we let it to control the market. If the coercive power would start to control socio- economic environment, we would see most probably unnecessary violation of individual freedoms and abolution of property rights.
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The Qur’an and Sunnah of the Prophet Mohammed S.A.W. specify rules of behavior for all stakeholders in a society. The economic system which the Prophet Mohammed S.A.W established in Madenah protected property rights, had incentive structures and unchallengeable institutions. The institution of inheritance, the rules of market behavior, the rules of symmetric information, codes of moral behavior were the most important aspects of this economic system. In this time, there was a free market for everybody. There was no interference to market price and no permanent place in the market. No hoarding of goods or talaqi rukhban in the market. The Prophet prohibited imposition of taxes on individual merchants as well as on transactions. He also implemented policies to encourage trade among Muslims and non-Muslims by generating incentives for non-Muslim merchants. The market was the only authorised place of trade. Its construction and maintenance was made a duty of State. As long as space was available in the existing one, no other markets were constructed. The Prophet designated a protective area around the market. While trade was permitted in the area surrounding the market in case of overcrowding, the location of each merchant was assigned on a first-come, first-served basis but only for the duration of the trading day (Mirakhor and Hamid, 2009). Since there is no agency problem because every contract is incentive compatible, there are very low transaction costs in Mumins contracts and no moral hazard problems (Mirakhor and Hamid, 2009).
In the modern times, Islamic world has the lack of operational Islamic institutions and rules of market behaviour, including trust, trustworthiness, and faithfulness to the terms and conditions of contracts. (Iqbal and Mirakhor, 2007; Chapra, 2000). As ‘New Institutional Approach’ states (Acemoglu et all 2001) that only fulfilling contract can add huge impact on rise or decline of society. If the resources provided by this development are not wasted in conflict, war and extravagance but rather used to improve the moral, physical and intellectual qualities of the people, enhance their knowledge base and develop their socio- economic, judicial and political institutions then there will be further development and improvement in people’s well-being. This will enhance their motivation to work hard and efficiently and promote further development. Every episode of rise and revival drew its strength afresh from the original sources, the Qur’ān and the Sunnah.
VIOLATION OF PROPERTY RIGHTS
The violation of legitimate property rights is considered by Islam to be oppressive and exploitative. Thus, Islam recognizes the importance of institutions, the guarantee of property rights, and the enforcement of contracts to economic growth and development. The property rights mentioned above are untouchable and inviolable. No one, even the state, is permitted to take away or violate these rights. The Prophet (PBUH) of Islam in his famous farewell address at his last pilgrimage, declared : “O, people! Surely your blood, your property and your honour are as sacred and inviolable as the sacred inviolability of this day of yours, this month of yours and this very town of yours. Surely you will soon meet your Lord and you will be held answerable for your actions.” He continued: “….. their lives and their properties are sacred to us except when they violate the sanctity of the life and property of others, and Allah alone is the Judge of their intentions.”
Riba
The Qur’ān clearly and strongly condemns the acquisition of the property of others through wrongful means (2:188, 4:29, 4:161, 2;275, 2;278-280 and 9:34). Interest on money loaned represents an unjustifiable and instantaneous property rights claim. It is unjustifiable because interest is a property right that falls outside the legitimate framework of individual property rights recognized by Islam. Money lent on interest is used either productively, in the sense that it creates additional wealth, or unproductively, in the sense that it does not lead to incremental wealth produced by the borrower.
14. Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
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Gharar and Asymmetric Information
Bashir (2011) suggests that any property acquired through unjustifiable means, like gharar (speculation), maysir (gambling), bribing, stealing, cheating, or illegal trading is proscribed and forbidden. Certain commercial practices are, however, prohibited (deemed harām) by the Sharia as well. Any contract involving these products is not binding and, hence, should not be honored or enforced.
Confiscation Because Of Maslahah
In Muslim society, it is not possible to see arbitrary confiscation or publication of private property. In medieval Muslim society, the Shariah was often used as a shield for private property against arbitrary confiscation. The right of the property is so sacred that even when rules had to be developed for emergency cases of expropriation for projects of public utility, such actions could be taken only after adequate compensation was paid to the owner of the property. To violate the legitimate property rights of a person is considered to be “oppression” and “exploitation,” just as there is “discord and corruption on earth” when individuals do not discharge their private property obligations.
Monopoly and Hoarding
Monopoly is a very widely seen phenomenon that violates property rights. In Islamic economy, free market is protected by Mukhtesib and the legal authorities. It is not possible to create monopoly in the truly Islamic free market. Bashir (2011) suggests that wealth should not be monopolized in the hands of a few individuals, since this will create social imbalance. The Sharia prohibits monopoly since it is the primary vehicles for financial exploitation and wealth concentration. Bashir (2011) claims that by condemning hoarding, the Sharia encourages and promotes efficient use of property. The owner is required to use his wealth in ways that benefit him while not hurting the general interest of society.
Break of Contracts
The preservation of property rights and the commitment to obligations and responsibilities associated with a contract reguire to apply the terms and conditions of contract. Property acquired through breach of trust, adulteration, non - compliance with weights and measures, or unethical means does not satisfy the definition of property and therefore its ownership is not considered legitimate. Break of contract is unjust to one of the parties and makes very difficult to protect the property rights. A major reason for contract of exchange is that the parties to the contract wish to improve their own welfare. For this to happen, parties must have the freedom to contract. Moreover, efficient markets need rules of behavior that protects contracts which reduces uncertainty in transaction.
INCENTIVE STRUCTURE FOR PROTECTION OF PROPERTY RIGHTS
Both the Qur’ān and the Hadiths place considerable emphasis on incentive structure for protection of property rights which is based on the rules of behavior affecting the market. All these rules of behavior were implemented by the Messenger (S.A.W.) in Medinah for establishment of the institutions of the market, the rules of exchange and contracts, rules governing production, consumption, distribution, and redistribution. Upon arrival in Medina, the Messenger of Allah organized a market for Muslims. Unlike the existing markets in Medina and elsewhere, the Prophet implemented policies to encourage trade among Muslims and non-Muslims. For example, traveling non-Muslim merchants were considered guests of the
15. Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
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Muslims, and their merchandise was guaranteed by the Prophet against non-compliant actions (Mirakhor and Hamid 2009).
During the Prophet Mohammad S.A.W.’s term, the market infrastructure was shaped for market participants to access information and coordinate economic activity. There was full transparency regarding the information on quantities, qualities, and prices of products for all market players (Mirakhor and Hamid 2009). No buyer or seller was allowed to harm the interests of other market participants. These rules, known as the Medina market rules, evidently served as strong incentives for trade and growth. The foundational rules provide economic incentives, and reduce market uncertainty. They have universal and enduring qualities, which show the preconditions for a resilient and robust free market economy.
CONCLUSION
Property rights have been protected in Islam for 1400 years. Western civilization started to discuss property rights 1000 years after Islam had recognized all rights and all property rights recognized in Western countries after 1950’s. The problem is that the Muslims diverged from their religion and concurrently they also diverged from the protection of property rights. Whereas the Western countries developed their protection of rights step by step and made a huge development.
History shows us that Muslims have endeavored to develop their societies by following the principles of Shari’ah, and there were no exceptions for economic activities. An economic system according to Islam is based on preservation of property rights, emphasizing sanctity of contracts, ensuring justice in exchange and markets, expecting high ethical standards, sharing risks, and promoting social justice. Islam places great importance on preservation of property rights; defines a balance between the rights of individuals, society, and the state; and strongly prohibits violation of anyone’s property rights. Moreover, Islamic law is explicit about the institutional framework needed to protect the rights and privileges of property owners. Meanwhile, the government of the Islamic State is expected to promote market-oriented policies to facilitate efficient allocation of resources.
Property rights must not lead to wealth accumulation in the form of hoarding, as wealth must constantly be circulated in the economy to create investment, employment, income, and economic growth. Since all humans are entitled to all created resources, the inability to access resources does not negate the individual’s initial rights to resources. These rights must be redeemed through a rule that ordains sharing. Post-exchange sharing and distribution of property are redemption of an original right. Unlike the conventional system of property rights, Islam imposes limits on the freedom to dispose of property. This paper analyzes property rights in Islam and discusses the rules of the property rights. Moreover it is suggested that the protection of property rights for all individuals is done in perfect way only in Islam through the institutional framework. However, the primary role is given to rule compliant individuals and the government has a very minimum role to promote market-oriented policies. This framework of enforcement of property rights improve income distribution and restore social justice.
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November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
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