Open AccessTRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE
Author(s) -
MuhammadZiaurrahman
Publication year - 2019
Publication title -
mağallaẗ bayt al-mas̆ūraẗ
Language(s) - English
Resource type - Journals
eISSN - 2410-6836
pISSN - 2409-0867
DOI - 10.33001/m011020191163
Subject(s) - property rights , law and economics , islam , reservation of rights , perspective (graphical) , waiver , subject (documents) , compromise , subject matter , intellectual property , law , sharia , fundamental rights , human rights , business , political science , economics , right to property , computer science , philosophy , theology , curriculum , artificial intelligence , library science
Islam advocates the protection of all types of Rights. However, each and every type of Right is not directly regulated by Shari’ah (Islamic Law) while the principles of Shari’ah can be construed to provide support for such regulation and protection. To the best of our knowledge, there is no such paper which efficiently talks about the tradable and non-tradable Rights from Islamic Law of Contracts Perspective as such that it provides a framework to evaluate different types of Rights for their permissibility of being subject matter of contract. This paper attempts to address this issue by using library research method (Qualitative Assessment) whereby, data is collected from books, articles, etc. Inductive and deductive methods are used for formulation of arguments and for providing justifications. The findings of this study suggest that not every Right shall be considered subject matter of contract. Furthermore, there are Rights that are specifically granted to the holder and they are not transferable, Rights that are allowed to be sold for a price, Rights that are not allowed to be sold but can be subject of sulh (compromise) / tanazul (waiver), and Rights that are allowed and sometimes not allowed to be inherited. Keywords: Rights in Islam, Sale of Rights, Intellectual property Rights