Haqq al-Nas

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Ḥaqq al-Nās (Arabic: حَقّ الناس) or the Right of People is what one owes to other people, as opposed to the Right of God or Haqq Allah, which is what one owes to God. The Right of People is not limited to financial rights; it includes matters of life and reputation as well. Violations of the Right of People include: theft, qadhf (attribution of adultery to someone without evidence), backbiting, and slandering others. Violations of the Right of People are not forgiven by repentance and martyrdom on the path of God, with which all other sins are forgiven. Violations of the Right of People should be compensated, or be forgiven by people whose rights were infringed upon.

In judiciary rulings of Islam, there are differences between the Right of People and the Right of God. For example, to enforce a ruling concerning the Right of People the people in question might place a particular request, whereas when the Right of God is concerned, no one's request is required.

Notion

In Islam, rights are divided into those of people and God.[1] The Right of People is one's obligation towards other people, whereas the Right of God is one's obligation towards God.[2] The Right of People counts as a kind of the Right of God.[3] When the term is used in contrast to the Right of God, however, it refers only to those rights one owes to other people.[4]

In sources of hadiths and jurisprudence, the Right of People is referred to as the Right of Servants,[5] the human right,[6] and rights of Muslims.[7]

Instances

Some jurists divided the Right of People into two categories: pure Right of People, such as caring for people's life and property, and impure Right of People, that is, rights that belong to both God and people, such as theft,[8] discretionary punishment (ta'zir),[9] and qadhf.[10]

The Right of People is not limited to financial rights; it includes people's life and reputation as well.[11] Thus, backbiting[12] or gossiping, unfounded accusation, slandering, and baseless upsetting of people also count as violations of the Right of People.[13] in a hadith from Imam al-Sajjad (a), known as the Essay of Rights (Risalat al-huquq), over fifty rights or obligations towards other people are mentioned.[14]

Place

In hadiths, violations of the Right of People count among factors that lead to one's prayers being unanswered by God.[15] Imam al-Sadiq (a) says that there is no worship greater than fulfilling a believer's right.[16] In Hadith al-Manahi, the Prophet (s) is quoted as saying: "if one owes a right to someone else and he can repay it, but he keeps postponing it, then for each day an equivalent of the sin of "'ashshar" will be written for him."[17] 'Ashshar was someone who took one-tenth of people's property by force at the command of an unjust ruler.[18]

In sources of jurisprudence, the Right of People is discussed in the section on judiciary rulings.[19] The Right of People figures in legal laws of the Islamic Republic of Iran.[20] For example, diya, qisas, and some other discretionary punishments, such as humiliation, are considered as crimes in that they are violations of the Right of People.[21]

Difference with the Right of God

There are certain differences between the Right of People and the Right of God mentioned by people, including:

  • It is easier to prove the Right of People to a judge than the Right of God.[22]
  • Enforcement of the ruling concerning the Right of People requires a request placed by people in question, whereas enforcement of the Right of God does not require a particular request by anyone.[23]
  • In the case of the Right of People, the judge cannot dissuade the defendant from making confessions, unlike the Right of God.[24]
  • Some cases of the Right of People can be forgiven or transferred, whereas in cases of the Right of God, if the victim of the crime condones his or her right, the right is still enforced.[25]
  • The Right of People is not forgiven by repentance, whereas some cases of the Right of God are forgiven by repentance.[26]
  • The Right of People should be approached with high standards of precision and caution, whereas the Right of God should be approached leniently.[27] It is said that some jurists attribute differences between the Right of God and the Right of People as far as judiciary rulings are concerned to this latter feature.[28]
  • The Right of People is not forgiven by martyrdom on the path of God, whereas the Right of God is.[29] Thus, it is said that Imam al-Husayn (a) asked his companions to leave his army if they owed certain rights to other people.[30]

Compensation of Violations of the Right of People

In regard to the Right of People, one should, in addition to repentance to God, compensate people's rights.[31] According to some jurists, this includes the Right of People violated by a person before his or her maturity as well.[32]

According to a hadith from the Prophet (s), on the day of resurrection, the rewards of a person who violated the Right of People to these people, and if he or she runs out of their rewards, then the sins of these people will be transferred to him or her, and then he is thrown into the fire of the Hell.[33] According to another hadith from Imam al-Sadiq (a), cited in La'ali l-akhbar, one's worst condition on the day of resurrection is when those entitled to zakat and khums accost him, and God gives his rewards to them.[34]

See Also

Notes

  1. ↑ See: Ibn Shuʿba, Ṭuḥaf al-ʿuqūl, p. 255.
  2. ↑ See: ʿĀmilī, al-Iṣṭilāḥāt al-fiqhiyya, p. 71.
  3. ↑ See: Shahīd al-Awwal, al-Qawāʿid wa al-fawāʾid, vol. 2, p. 43; Mūsawī Ardabīlī, Fiqh al-Qaḍāʾ, vol. 2, p. 188.
  4. ↑ Shahīd al-Awwal, al-Qawāʿid wa al-fawāʾid, vol. 2, p. 43; Mūsawī Ardabīlī, Fiqh al-Qaḍāʾ, vol. 2, p. 188.
  5. ↑ Shahīd al-Awwal, al-Qawāʿid wa al-fawāʾid, vol. 1, p. 195.
  6. ↑ Ṭūsī, al-Mabsūṭ, vol. 2, p. 370.
  7. ↑ Kulaynī, al-Kāfī, vol. 7, p. 220.
  8. ↑ Ṭūsī, al-Mabsūṭ, vol. 8, p. 163.
  9. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqhī, vol. 4, p. 209.
  10. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqhī, vol. 3, p. 160.
  11. ↑ See: Majlisī, Biḥār al-anwār, vol. 74, p. 160.
  12. ↑ See: Majlisī, Biḥār al-anwār, vol. 74, p. 160.
  13. ↑ Majlisī, Biḥār al-anwār, vol. 72, p. 150.
  14. ↑ Ibn Shuʿba, Ṭuḥaf al-ʿuqūl, p. 255-272.
  15. ↑ Majlisī, Biḥār al-anwār, vol. 90, p. 321.
  16. ↑ Kulaynī, al-Kāfī, vol. 2, p. 170.
  17. ↑ Ṣadūq, Man lā yaḥḍuruh al-faqīh, vol. 4, p. 16-17.
  18. ↑ Ṭurayḥī, Majmaʿ al-baḥrayn, vol. 3, p. 404.
  19. ↑ Ṭūsī, al-Mabsūṭ, vol. 8, p. 163.
  20. ↑ See: Shīrī, Suqūṭ-i mujāzāt dar ḥuqūq-i kayfarī-yi Islām wa Iran, p. 112.
  21. ↑ Shīrī, Suqūṭ-i mujāzāt dar ḥuqūq-i kayfarī-yi Islām wa Iran, p. 119-1120.
  22. ↑ Ṭūsī, al-Mabsūṭ, vol. 7, p. 248-249.
  23. ↑ Muntaẓirī, Dirāsāt fī wilāyat al-faqīh, vol. 2, p. 201.
  24. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, vol. 3, p. 33.
  25. ↑ See: Shahīd al-Awwal, al-Qawāʿid wa al-fawāʾid, vol. 2, p. 43-44.
  26. ↑ Ardabīlī, Zubdat al-bayān, p. 308-309.
  27. ↑ Ṭūsī, al-Mabsūṭ, vol. 8, p. 163.
  28. ↑ Mirqātī, Ḥaqq Allāh wa ḥaqq al-nās, vol. 13.
  29. ↑ Ṣadūq, Man lā yaḥḍuruh al-faqīh, vol. 3, p. 183; Kulaynī, al-Kāfī, vol. 5, p. 94.
  30. ↑ Shūshtarī, Iḥqāq al-ḥaqq, vol. 19, p. 430.
  31. ↑ See: Kulaynī, al-Kāfī, vol. 5, p. 94.
  32. ↑ Marāghī, al-ʿAnāwīn al-fiqhiyya, vol. 2, p. 660.
  33. ↑ Majlisī, Biḥār al-anwār, vol. 69, p. 6.
  34. ↑ Tūysirkānī, Laʾālī l-akhbār, vol. 3, p. 214.

References

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  • ʿĀmilī, Yāsīn ʿĪsā . Al-Iṣṭilāḥāt al-fiqhīyya fī al-rasāʾil al-ʿamalīyya. Beirut: Dār al-Balāgha, 1413 AH.
  • Ibn Shuʿba al-Ḥarrānī, Ḥasan b. ʿAlī. Ṭuḥaf al-ʿuqūl. Edited by Ali Akbar Ghaffari. Qom: Jāmiʿat al-Mudarrisīn-i Ḥawza-yi ʿIlmiyya, 1404 AH.
  • Kulaynī, Muḥammad b. Yaʿqūb al-. Al-Kāfī. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH.
  • Marāghī, ʿAbd al-Fattāḥ b. ʿAlī. Al-ʿAnāwīn al-fiqhiyya. Qom: Daftar-i Intishārāt-i Islāmī, 1417 AH.
  • Majlisī, Muḥammad Bāqir al-. Biḥār al-anwār. Second edition. Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1403 AH.
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  • Muntaẓirī, Ḥusayn Alī. Dirāsāt fī wilāyat al-faqīh wa fiqh al-dawlat al-Islamīyya. Qom: Intishārāt-i Tafakkur, 1409 AH.
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  • Shūshtarī, Nūr Allāh al-Ḥusaynī al-. Iḥqāq al-ḥaqq wa izhāq al-bāṭil. Edited by Marʿashī al-Najafī. Qom: Kitābkhāna-yi Āyatullāh Marʿashī al-Najafī, 1409 AH.
  • Ṭabāṭabāʾī, Sayyid Muḥammad Ḥusayn al-. Al-Mīzān fī tafsīr al-Qurʾān. Qom: Daftar-i Intishārāt-i Islāmī, 1417 AH.
  • Ṭurayḥī, Fakhr al-Dīn b. Muḥammad al-. Majmaʿ al-baḥrayn. Edited by Sayyid Aḥmad Ḥusaynī. Tehran: al-Maktaba al-Murtaḍawīyya, 1416 AH.
  • Ṭūsī, Muḥammad b. al-Ḥasan al-. Al-Mabsūṭ fī fiqh al-imāmīyya. Tehran: al-Maktaba al-Murtaḍawīyya li-Iḥyāʾ al-Āthār al-Jaʿfarīyya, 1387 AH.
  • Tūysirkānī, Muḥammad Nabī b. Aḥmad. Laʾālī l-akhbār. Qom: ʿAllāma, [n.d].
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