The Sources of Rights

REASON FOR DEVIATION

Probably for us, the Muslims, who have been brought up in the environment of Islamic culture, it may be rather. Astonishing that a group of eminent law experts deny the reality of essence for right and justice and opine that they are subject to people’s views and taste. This tendency is in vague in contemporary legal circles of the world and has registered considerable numbers of supporters.

It may however be noted that, like other deviated ideas in different branches of philosophy and learning, this view did not come to surface extemporaneously nor did it spread or expand merely by chance. There are two reasons for this. Firstly, some invisible hands may have propounded and propagated certain psychological, sociological as well as legal and economic theories with a view to achieve their political and colonial motives. Secondly, Certain doubts might have been raised for which convincing replies could not be fond due to weak philosophical foundations. As these doubts and suspicions piled up, they caused a tendency for theories, doctrines and schools which were of a deviated nature. Let it not be forgotten that most f the deviated thoughts came in vogue only when philosophy and meta-physics became weak and the place of deep thinking rationalism was taken by superficial sentimentalism. However, what popularized this deviated tendency in lego-moral philosophy is the presence of a number of doubts and suspicions mooted by emporiums and positivism etc. and found appropriate social grounds for their acceptance.

A detailed examination of such doubts and suspicions and a description of statements and all pervasive disputes in regard to them cannot be discussed in this short paper. Therefore, I would only deal briefly with the most important doubts and provide replies to them. Thereafter we shall explain the acceptable views in regard to the origin of rights.