The Conceptual Limitation and Feasibility of Deprivation of Right from the Viewpoint of Jurisprudents

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AFSHARI FATEMEH; ASADI HAMID

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Journal: Islamic jurisprudence Resaerch Year:2019 | Volume:15 | Issue:2 Page(s): 339-362

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Title

The Conceptual Limitation and Feasibility of Deprivation of Right from the Viewpoint of Jurisprudents

Author(s)

AFSHARI FATEMEH | ASADI HAMID | Issue Writer Certificate

Keywords

Waiver of RightQ2

Independent CreditQ1

RightQ2

Deprivation of RightQ1

SovereigntyQ2

JurisprudentsQ1

KingdomQ2

Abstract

Right is a concept that despite its wide usage has a lot of conceptual ambiguity and one cannot give a single definition of it. In Islamic jurisprudence, the issue of the concept of Right, its features, and its effects including the possibility of deprivation of Right, which is interpreted as the ability of waver of Right, has always been studied by the Jurisprudents along with its examples and applications. The majority of Jurisprudents consider the Right to be equal to Sovereignty. Some also consider it as Kingdom or a rank lower than that. By this definition, the Right is posited against ruling one of the main features and requirements of which is the ability of waiver, which makes it distinct from the ruling; in that if it cannot be waived it is not Right. Some other Jurisprudents regard the Right as an Independent Credit based on which there is a disagreement among them as to the possibility of waiver. However, in any case, there are conditions for deprivation of Right such as creating the cause of Right and the lack of opposition to the Holy Quran and the tradition.

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APA: Copy

AFSHARI, FATEMEH, & ASADI, HAMID. (2019). The Conceptual Limitation and Feasibility of Deprivation of Right from the Viewpoint of Jurisprudents. ISLAMIC JURISPRUDENCE RESEARCH, 15(2 ), 339-362. SID. https://sid.ir/paper/381681/en

Vancouver: Copy

AFSHARI FATEMEH, ASADI HAMID. The Conceptual Limitation and Feasibility of Deprivation of Right from the Viewpoint of Jurisprudents. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2019;15(2 ):339-362. Available from: https://sid.ir/paper/381681/en

IEEE: Copy

FATEMEH AFSHARI, and HAMID ASADI, “The Conceptual Limitation and Feasibility of Deprivation of Right from the Viewpoint of Jurisprudents,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 2 , pp. 339–362, 2019, [Online]. Available: https://sid.ir/paper/381681/en

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