Assistant Professor, Islamia College University Peshawar
This paper explores the emergence of property rights institution in Islamic context.
This study contests the religious content and basic principles of Islamic jurisprudence (Usul Fiqh) to discover its impact on the emergence of property rights institutions in Muslim societies and its implications on the lives of people in these communities. These rights will be discussed in relation to Islamic concept of Urf (Arabic term referring to the custom, or 'knowledge', of a given society or customary laws) and the socio-legal and cultural practices in different Muslim societies for instance pakhtunkwali (a code of life among Pashtuns in Pakistan and Afghanistan), Adat (North Caucasus and Southeast Asia), Aqsaqal (Central Asian Muslim societies). The study will illuminate the coexistence of these socio legal practices with Din (the Islamic code of life based on teaching of religion or Sharia) in selected Muslim communities as cases.
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