October 1, 2019
Islam advocates the protection of all types of Rights. However, each and every
type of Right is not directly regulated by Shari’ah (Islamic Law) while the
principles of Shari’ah can be construed to provide support for such regulation
and protection. To the best of our knowledge, there is no such paper which
efficiently talks about the tradable and non-tradable Rights from Islamic Law of
Contracts Perspective as such that it provides a framework to evaluate different
types of Rights for their permissibility of being subject matter of contract.
This paper attempts to address this issue by using library research method
(Qualitative Assessment) whereby, data is collected from books, articles, etc.
Inductive and deductive methods are used for formulation of arguments and
for providing justifications. The findings of this study suggest that not every
Right shall be considered subject matter of contract. Furthermore, there are
Rights that are specifically granted to the holder and they are not transferable,
Rights that are allowed to be sold for a price, Rights that are not allowed to be
sold but can be subject of sulh (compromise) / tanazul (waiver), and Rights
that are allowed and sometimes not allowed to be inherited.
Keywords: Rights in Islam, Sale of Rights, Intellectual property Rights