Tuesday, January 13, 2015

PUBLIC AND PRIVATE RIGHTS

PUBLIC AND PRIVATE RIGHTS

1.    Introduction
2.    Classification of rights
( I ) Rights of Allah or Public Rights
(II)          Rights of Men or Private Rights
3.    Public Rights
(I)              Types of Public Rights
(i)              Pure right of allah
(ii)           Mixed right of Allah and Man
(II)     Classification of public rights
(i)              Acts of devotion viz, faith of iman
(ii)           Punishment of perfect nature viz, Hadd for theft, adultery etc.
(iii)        Punishment of Imperfect Nature “Depriving a man who has killed another”
(iv)         Matters which have elements of both devotion and punishment.
(v)            Acts devotion involving an impost consisting in a obligation.
(vi)         Imposts having the sense of worship.
(vii)      Imposts having sense of punishment such as Khiraj and land tax.  
(viii)      Acts or rights which exist by themselves.

4.    Private Rights
(I)              Types of Private Rights
(i)     Pure rights of individual
(ii)    Mixed rights of Allah and Men

(II)          Classification of private rights.
(i)              Right to safety of person
(ii)           Right to reputation
(iii)        Rights of Ownership
(iv)         Family rights-including
(a) Marital rights
(b) Rights of guardianship
(c) Right of Children and poor relatives
(d)Right to Succession and inheritance
(v)            Right to do lawful acts
(vi)         Rights to contract

5.    Difference Between public and Private Rights
(I)              As to Enforcement
(II)          Pardon or condo nation

6.    General Divisions of Public and Private Rights
(i)              Independent and dependent rights.
(ii)           Original and substitute rights.

(III)       Original and Substitutory rights

7. Conclusion



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