التعارض والاختلاف في النظر إلى طبيعة الحق ومصدره بين التشريع الإسلامي والقانون الوضعي

الملخص EN

The definition of the concept of law and its nature in Islamic doctrine derived from the Quran and Sunnah is different from the legal systems; because in the eyes of Islamic legislation, man is more expensive and obliged to slavery god than to be a right.

the mandate is the basis of the Shariah, and hence there is no legitimate right unsubstantiated, furthermore, the right in Islamic doctrine is characterized by stability and duality: the perception of the law in the legal systems, as opposed to the previous conception, is characterized by constant instability and change, because it is subject to the will of the human being under the economic, social, political and cultural influence.

and this is reflected in the historical development of the conception of law in legal systems beginning with individualism, then came socialism, which considers rights as social functions, finally came what is called the doctrine of the relativity of rights.