Kamis, 26 Desember 2013

The Theory of Rights in Islam


When tracing the propositions contained in the Qur'an or al-Hadith, copyright issues don't have evidence or explicit Foundation of nash. This is because the idea of recognition of copyright itself is a new issue that has not been known before. Nevertheless, implicitly, the protection of copyright in Islamic law. This is because the concept of rights itself in the perspective of Islamic law, not raw and thrive in a flexible and permanent implementation would depend on the circumstances.
Review the issue of copyright in review islam, the writer will begin by discussing the views of Islam itself. The rights of (al-haqq) etymologically means belonging; statutes and certainty. According to terminology, there are several notions of Rights expressed the scholars of fiqh. Some of the scholars mutaakhkhirin (later generations) the right is a law that has been set by syara. Sheikh al-Khafifi (the fiqh scholars Egypt) perceive it as a benefit obtained by syara. az-Zarqa Mustafa Ahmad (fiqh scholars by Syria Jordan) defined it as a specificity that it established a power. syara Shorter again, Ibn Nujaim (d. 771 1563 M/H) expert fiqh Hanafi Madhhab defined it as a specificity that is protected.
Teungku Muhammad Hasbi ash-Shiddieqy shared a sense of entitlement to two sections, namely the notion of specific and General. The rights are specifically defined as a set of rules and nash set the basics which must be obeyed in respect to our fellow human beings, both regarding individual (person), nor about wealth power mastering something or something which is obligatory for a person over the other. While haq according to Gus Zarqa 'perspective: ' Specificities recognized by Islamic jurisprudence, be it in the form of authority or the imposition of freedom. '
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