The right to life, security, privacy and ownership in Islam / Mohammad Hashim Kamali.

Format:

Book

Author/Creator:

Kamali, Mohammad Hashim.

Contributor:

Islamic Texts Society.

Series:

Fundamental rights and liberties in Islam. principles and applications series.

Language:

English

Subjects (All):

Civil rights (Islamic law).

Islamic law.

Physical Description:

xxv, 318 pages ; 21 cm.

Place of Publication:

Cambridge : Islamic Texts Society, 2008.

Language Note:

Text in English and Arabic.

Summary:

A person's right to life, personal security, privacy, and ownership are the most basic of all the fundamental rights and liberties and are of concern to all legal systems and traditions. To address them side by side with one another, as is attempted in the present volume, is reflective of their natural priority and significance. These rights are simultaneously the most vulnerable to aggression and abuse.

The right to life is the basic right from which all the others derive. The discussion of this fundamental right includes: the sanctity of life from the Islamic perspective, murder, unintentional killing, the death penalty and compensations for victims. This chapter also includes discussions of abortion, suicide, and euthanasia.

The second of the rights discussed is the right to security and this includes: the security against unlawful arrest, the right to fair treatment, the right to counsel, freedom from aggression and torture.

The third right is that of privacy and is mainly concerned with the privacy of one's home, confidential correspondence, and immunity against invasion of privacy in the forms of interception of correspondence, eavesdropping and other such violations.

Finally, the discussion of the right of ownership includes the four aspects of ownership in Islam, legitimate and illegitimate means of acquisition of ownership, and the restrictions that the Shari'a imposes on the exercise of this right including taxation, inheritance and bequests.

Contents:

Chapter 1 The Right to Life (Haqq al-Hayat) 1

II The Sanctity of Life 2

III Just Retaliation and Blood Money (Qisas & Diyyah) 12

IV Modern Law and Practice 23

V The Killer Does Not Inherit 27

VI Could the Death Penalty be Based on Ta'zir? 28

VII Suicide (al-Intihar) 29

VIII Duelling and Permission to Kill 35

IX Abortion (Isqat al-Janin) 37

X Euthanasia (Qatl al-Marhama) 47

XI The Abandoned Child (al-Laqit) 52

XII Warfare 53

XIII Concessions Granted to Protect Life 59

Chapter 2 The Right to Personal Security (Haqq al-Amn) 71

III Affirmative Evidence 74

IV The Principle of Legality 84

V Accusation and Suspicion (al-Tuhma, al-Zann) 97

VI Arrest and Detention 105

VII The Issue of Beating the Accused 112

VIII The Right to Counsel 123

IX Trial and Evidence 127

Chapter 3 The Right to Privacy (Haqq al-Khususiyyah) 159

II The Privacy of the Home (Hurmat al-Maskan) 162

III Espionage (al-Tajassus) 179

IV Private Correspondence 193

V Suspicion (al-Zann) 197

VI Preserving the Privacy of Others (Satr al-awrat) 200

VII Confidential Conversation (Kitman al-Sirr) 211

VIII Privacy of the deceased person 219

IX Restrictions on the Right of Privacy 223

X An Overview of Modern Law 229

Chapter 4 The Right of Ownership (Haqq al-Milkiyyah) 243

II Affirmative Evidence 244

III The Vicegerency of Man 254

IV The Definition and Types of Ownership 259

1 Complete and Deficient Ownership 260

2 Ownership of Rights 262

3 Private and Public Ownership 264

V The Acquisition and Means of Ownership 268

1 Work (al-Amal) 269

2 The Reclamation of Barren Land (Ihya' al-Mawat) 270

3 Hunting 271

4 Mines and Treasure Troves 272

5 Land Grant (Iqta) by the Government 274

6 Inheritance 276

7 Zakah and Charities 277

VI Restrictions on Ownership 278

1 The Prevention of Harm (Daf al-Darar) 278

2 Considerations of Public Interest (Maslahah) and Necessity (Darurah) 284

3 Land Utilization 290

4 Preemption (Shuf ah) 291

5 Inheritance and Bequests 292

6 Taxation 294.

Notes:

Includes bibliographical references and index.

ISBN:

9781903682548

1903682541

9781903682555

190368255X

OCLC:

251834705