Abstract
This research involves the topic of “ِAbuse in using rights with the intention of harming others or to realize illegalbenefits”. The research is divided into an introduction and four parts. The introduction contains the importance and goals of the research. The first part contains: the definition of abuse in Law and Shar’iah (Islamic Law) as well as the differences between them, and the absence of legalbenefit. The second part contains the rules that govern the intention behind harming others and its criterion. The aforementioned was agreed upon by Jurists and acts of Parliament (Positivelaw) which forbid harming others, its evidence, its conditions, and then it mentioned practicalexamples of the above from Shar’iah, and Positivelaw. The third part contains the use of rights with the intention of realizing illegalbenefits; this partalso mentions the rules governing such acts, and then it presented practicalexamples from Shar’iah, and Positivelaw. The fourth part contains a comparison between how both Shar’iah and Law penalizes such practices. Finally, the researcher ended his research with a conclusion containing the main points that were discussed in the research.
Recommended Citation
Shlibak, Ahmed Al-Suwai’i
(2009)
"Abuse of rights in order to harm others or to get An illegal benefit in Sharia and Law,"
UAEU Law Journal: Vol. 2009:
No.
38, Article 1.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2009/iss38/1