Methodological approaches to the concept of right in Western and Islamic jurisprudence
This paper is a doctrinal legal research that adopts descriptive and comparative tools of analysis to review the concept of right in two different systems of jurisprudence, Western and Islamic. The review reveals that methodological approach to law, and in particular to the concept of right, are...
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Serials Publications
2014
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| Online Access: | http://irep.iium.edu.my/42452/ http://irep.iium.edu.my/42452/ http://irep.iium.edu.my/42452/1/7-Abubakar_Aminu_Ahmad.pdf http://irep.iium.edu.my/42452/4/JILR_VOL_10_No_1%252C_at_157-181.pdf |
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iium-424522018-06-13T02:22:08Z http://irep.iium.edu.my/42452/ Methodological approaches to the concept of right in Western and Islamic jurisprudence Ahmad, Abubakar Aminu Ansari, Abdul Haseeb KBP Islamic Law This paper is a doctrinal legal research that adopts descriptive and comparative tools of analysis to review the concept of right in two different systems of jurisprudence, Western and Islamic. The review reveals that methodological approach to law, and in particular to the concept of right, are quite different under the two systems. Indeed, concepts in the two systems cannot generally be compared for a particular concept existing in one system may not exist in the other or may have different connotation in that other. It is against this backdrop that this paper concludesthat the concept of right as an important issue in the Western jurisprudence has entirely different basis and connotation under the Islamic jurisprudence if at all it exists under the jurisprudence. It is akin to what is known as hukmshar’i under the Islamic jurisprudence. The paper, therefore, recommends for comparative research in Western and Islamic jurisprudence on fundamental legal issues like the concepts of right, ownership and legal personality to aim at understanding the concepts under the two systems rather than harmonizing them or even finding their common denominators. The differences are so drastic that embarking on harmonization or establishing distinctive common features may be an exercise in futility. Serials Publications 2014-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/42452/1/7-Abubakar_Aminu_Ahmad.pdf application/pdf en http://irep.iium.edu.my/42452/4/JILR_VOL_10_No_1%252C_at_157-181.pdf Ahmad, Abubakar Aminu and Ansari, Abdul Haseeb (2014) Methodological approaches to the concept of right in Western and Islamic jurisprudence. Journal of Islamic Law Review, 10 (1). pp. 129-153. ISSN 0973-2918 http://www.serialsjournals.com |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English English |
| topic |
KBP Islamic Law |
| spellingShingle |
KBP Islamic Law Ahmad, Abubakar Aminu Ansari, Abdul Haseeb Methodological approaches to the concept of right in Western and Islamic jurisprudence |
| description |
This paper is a doctrinal legal research that adopts descriptive and comparative
tools of analysis to review the concept of right in two different systems of
jurisprudence, Western and Islamic. The review reveals that methodological
approach to law, and in particular to the concept of right, are quite different
under the two systems. Indeed, concepts in the two systems cannot generally
be compared for a particular concept existing in one system may not exist in
the other or may have different connotation in that other. It is against this
backdrop that this paper concludesthat the concept of right as an important
issue in the Western jurisprudence has entirely different basis and connotation
under the Islamic jurisprudence if at all it exists under the jurisprudence. It
is akin to what is known as hukmshar’i under the Islamic jurisprudence.
The paper, therefore, recommends for comparative research in Western and
Islamic jurisprudence on fundamental legal issues like the concepts of right,
ownership and legal personality to aim at understanding the concepts under
the two systems rather than harmonizing them or even finding their common
denominators. The differences are so drastic that embarking on harmonization
or establishing distinctive common features may be an exercise in futility. |
| format |
Article |
| author |
Ahmad, Abubakar Aminu Ansari, Abdul Haseeb |
| author_facet |
Ahmad, Abubakar Aminu Ansari, Abdul Haseeb |
| author_sort |
Ahmad, Abubakar Aminu |
| title |
Methodological approaches to the concept of right in Western and Islamic jurisprudence |
| title_short |
Methodological approaches to the concept of right in Western and Islamic jurisprudence |
| title_full |
Methodological approaches to the concept of right in Western and Islamic jurisprudence |
| title_fullStr |
Methodological approaches to the concept of right in Western and Islamic jurisprudence |
| title_full_unstemmed |
Methodological approaches to the concept of right in Western and Islamic jurisprudence |
| title_sort |
methodological approaches to the concept of right in western and islamic jurisprudence |
| publisher |
Serials Publications |
| publishDate |
2014 |
| url |
http://irep.iium.edu.my/42452/ http://irep.iium.edu.my/42452/ http://irep.iium.edu.my/42452/1/7-Abubakar_Aminu_Ahmad.pdf http://irep.iium.edu.my/42452/4/JILR_VOL_10_No_1%252C_at_157-181.pdf |
| first_indexed |
2023-09-18T21:00:31Z |
| last_indexed |
2023-09-18T21:00:31Z |
| _version_ |
1777410592062046208 |