Tradable and non-tradable right from Islamic law of contracts perspective

Abstract EN

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.