The USA Journals Volume 03 Issue 06-2021
147
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
147-152
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-22
I
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‘
ABSTRACT
The article deals with the application of the norms of Islamic law on obligations and contracts,
particularly, principles of close to the moral values of our people, and calls on the parties to contracts
to be honest and conscientious in their obligations, timely and proper execution, tolerance and
generosity, at the same time some types of contacts in Islamic law such as muzaraba, musharaka and
murabah are discussed in detail.
KEYWORDS
Muzaraba, musharaka, murabahha, aqd, rabbul mol, muzarib, factor, muzarabai mutlaq, muzarabai
muqayyad, shirkad ul aqd, shirkat ul amval, Islamic finance.
INTRODUCTION
The main function of the state in a civilized
society can and should be the protection of
human interests, the protection of his rights.
In the "man-state" confrontation, the priority
should belong to the person. The state and its
powerful structures find justification only if
their activity is subordinated to the
protection, protection of the person.
Islamic System Of Human Rights And Types Of Contracts In
Islamic Law
Mustafa Karatash
DSc, Professor Of Istanbul State University, Turkey
Rakhmanov Abdumukhtor Rejjabbaevich
PhD, Assistant Professor Of The Department Of International Law And Human Rights, Tashkent
State University Of Law, Uzbekistan
Journal
Website:
http://theamericanjour
nals.com/index.php/taj
pslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 06-2021
148
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
147-152
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-22
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THE MAIN PART
Human rights are one of the fundamental
concepts of human civilization; it has played
and continues to play the role of one of the
guiding vectors in the development of society.
The best minds have thought about the
nature of human rights and their realization. A
lot of valuable ideas that have enriched
common human practice and the theory of
human rights were also put forward by the
fuqahas of the Islamic world. More than
fourteen centuries ago, Islam gave humanity
an ideal code of human rights.
Human rights in Islam are deeply rooted in the
belief that Allah and Allah alone is the Creator
of the Law and the source of all human rights.
In view of their divine origin, no leader or
government, no assembly or authority can
limit, abolish or violate in any way the human
rights given by Allah. Just like nodiv can give
up on them.
The purpose of human rights is to confer
honor and dignity on human beings and to
eliminate
exploitation,
oppression
and
injustice. Unfortunately, human rights are
violated with impunity in many countries of
the world, including Islamic ones. These
violations are very disturbing and awaken the
conscience of a growing number of people
around the world.
Within the League of Arab States, the
Universal Islamic Declaration and the Arab
Charter of Human Rights were adopted in 1981
and 1994, respectively. The Arab Charter
proclaims many fundamental human rights
and freedoms. In accordance with it, a
Committee of Experts was created, which is
competent to consider reports of states on
the fulfillment of their obligations. In 1990, the
Organization of the Islamic Conference
adopted the Cairo Declaration on Human
Rights in Islam. In addition to the traditional
list of rights, it includes the child's right to be
cared for by parents, the state and society;
defines the acquisition of knowledge as a
duty, and their provision by the state as a
duty; prohibits colonialism; hostage-taking,
etc. [4, р. 39].
The Universal Islamic Declaration of Human
Rights, adopted on September 19, 1981, is the
second founding document published by the
Islamic Council to mark the beginning of the
15th century of the Islamic era. Adopted at
the initiative of the Islamic Council of Europe
and read out on September 19, 1981 in Paris, at
the UNESCO headquarters by the Secretary
General of the Islamic Council Salem Azzam [5.
P. 58].
And the first document was the Universal
Islamic Declaration, announced at the
International Conference dedicated to the
Prophet Muhammad (SAW) and his message,
held in London from April 12 to 15, 1980.
The Universal Islamic Declaration of Human
Rights is based on the Qur'an and Sunnah and
was developed by prominent Islamic scholars
and fuqaha, as well as representatives of
Islamic movements and currents of thought.
The main, organizing principle of the Islamic
community (ummah) is a clear distribution of
roles and responsibilities in the system of
family-related,
neighborhood-communal,
tribal solidarity, as well as subordination. To
violate them means not only to go against the
prescriptions of Sharia, but also to lose the
atmosphere of everyday communication, so
The USA Journals Volume 03 Issue 06-2021
149
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
147-152
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-22
I
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2021:
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important for every person, colored by the
joys of joint celebrations and festivities,
brightened up with empathy in the days of
sorrow and, of course, to be without that
social protection, which is guaranteed by the
customs of mutual assistance and mutual
support.
Sharia is laws and regulations that meet the
aspirations of all people at all times. The
Quran says about this: “Whoever is looking for
something other than Islam as a religion will
not be accepted, and in his last life he will be
among the victims” (Quran, surah “The Imran
Family”, ayah 85) [1. p.55].
The Quran was sent down in order to guide
the souls of people on the righteous path. He
turns a person away from stinginess, because
with it there is no place for compassion for
people. Those who are fortunate enough to
achieve the favor of Allah should do the right
thing, that is, use the accumulated wealth for
good deeds. The Qur'an warns: "Know that
your wealth and your children are a test and
that Allah has a great reward." (Quran, sura
"Prey", ayah 28) [1. p.564].
A miser does not accept not only generosity
to others, but also mutual assistance, he is
indifferent to everything and everyone.
Therefore, Allah expresses his hatred of
stinginess. “And let not those who skimp on
the favors bestowed by Allah consider that
these are the best for them! No, it's worse for
them! They will be surrounded by a necklace
of what they have stingy on the day of
resurrection (Koran, sura “Imran's family”,
ayah 180). [1. p.58].
It is wisely said in the Holy Book of Muslims
about those “who are stingy with respect to
themselves. Indeed, Allah is rich and you are
poor. (Quran, Surah "Muhammad", ayah 38).
Another extreme is no less dangerous. “The
truly faithful are those who, three, do not
squander and do not skimp, but are equal
between
these”
(Koran,
Surah
“Discrimination”, ayah 67) [1. p.523].
From this we can conclude: to be on the path
of Allah means not to skimp on expenses for
the sake of social goals and needs, but at the
same time not to sink oneself to ruin. Allah
calls the unjust beneficiaries "monsters and
criminals." Of course, it is not the wealth itself
that is the reason, but the low spiritual, moral
level of citizens who have become rich too
quickly, and sometimes unjustly.
Islam is called, following the Creator, to guard
against excesses of its flock: “If Allah had
widened the lot of his slaves, they would have
rebelled on Earth, but He brings down as
much as He wishes: after all, He knows about
His slaves, seeing” (Koran, surah “Council”,
ayah 27) [1. p.554].
The Koran reflects general human principles:
the call to work hard, not to encroach on
other people's property, not to steal, not to
offend orphans, in no case to touch their
property. Property law is drafted in sharia
with amazing diligence and wit. The
inheritance law, set out in a separate study -
"Ilm-ul-faraiz", has been especially developed.
The Qur'an is the first most important source
of Sharia: about 500 verses have the meaning
of legal norms. The Qur'an says: “To Allah
belongs what is in heaven and on earth! If you
find out what is in your souls, or hide it, Allah
will exact a calculation from you. And He will
forgive whomever He wishes and punish
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
147-152
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-22
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whoever He wishes: verily, Allah is powerful
over everything! " (Quran surah “Cow”, ayat
284) [1. p. 35].
Sunnah is an example of the life of the
Prophet Muhammad (SAW). Compared to
other virtues, Islam especially protects the
honor of a person. Muhammad (SAW) called
for good qualities in his hadith. For example,
he said: “A Muslim is one who does not harm
Muslims with his tongue and hand. And the
otupnik is the one who does not avoid the
prohibitions of the Almighty”. (Hadith al-
Bukhari).
In another hadith he said: “Do not envy each
other, do not be angry with each other, do not
inquire into each other's actions. Do not
interfere with each other's trade, but be
brothers and servants of God (Hadith Al-
Muslim).
One of the hadiths collected by at-Termezi
says: "Whoever defends the honor of a
Muslim, Allah protects him from the flames of
hell on the Day of Judgment."
The Prophet Muhammad (SAW), being himself
a model of moral perfection, taught people
not only not to offend others with an unjust
word or assessment, not to mention direct
attempts on their honor, dignity and life, but
he warned that any act offensive to another
would certainly humiliate and the offender
himself, takes away his own dignity and
honor.
In the life, deeds and words of the Prophet of
Allah, every Muslim, every person of goodwill
can always find wonderful examples that
open for every perceiving heart, for every
listening mind, simple and obvious ways to
truth, to a righteous and sinless life, to the
protection and realization of rights and human
freedoms [2. p. 17].
The Universal Islamic Declaration of Human
Rights, based on the Qur'an and Sunnah, gives
a powerful impetus to the Muslim peoples in
the 21st century to stand firmly, with courage
and determination to defend the rights given
by Allah.
Muslims of all countries - as servants of Allah
and members of the worldwide brotherhood
of Islam - are eager to ensure inviolable and
inalienable human rights. First of all, the right
to life, for human life is sacred and inviolable,
and every effort should be made to protect it.
Any person and any nation has an inalienable
right to freedom in all its forms: political,
economic, physical, cultural and must have the
right to fight in all available ways against the
violation or abolition of this right [11. P. 214].
In our country, much is being done to
strengthen the legal status of the individual,
to protect his rights and freedoms. In the
minds of every citizen of Uzbekistan, the idea
is gradually being laid that the rights and
freedoms of every individual, the honor and
dignity of every person are a universal human
value, which must be guaranteed, developed
and cherished.
In Uzbekistan, as in other Islamic countries,
the desire to comprehend the fundamental
values of Islam in the spirit of universal moral
ideals is growing; in the spirit of openness of
the Muslim world, constructive dialogue with
non-Muslims. And in these conditions, in our
opinion, we are obliged to uphold in every
possible way the idea of civilized unity and
spirituality, as well as religious tolerance, the
desire to overcome religious isolation and
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alienation, the prevention of persecution,
discrimination, or infringement of national
dignity and civil rights [7. P. 302].
Today Islamic law continues to play an
important role in the legal development,
politics and ideology of the East. Freedom of
private enterprise in Islamic society as an
important economic freedom.
Islamic law considers it necessary to support
contractual obligations and to disclose
information. This task is designed to reduce
the risk of ignorance and deception. Islam
places great emphasis on the protection of
property rights, ensures equality between the
rights of the state, society, and citizens, and
strictly prohibits encroachment on the right to
property. The original purpose of the
agreements is to satisfy the legitimate needs
of the people in unity. In Arabic, the contract
is expressed by the word «aqd» and translated
to Uzbek as «bind».
There are several types of contracts in Islamic
law, and they are unique. It is noteworthy that
Islam is distinguished by its reliance on divine
sources, despite its coexistence with world
legal systems such as the anglo-sakson or
romano-german legal systems. In this sense,
the treaties in islam are also governed by
immutable rules. Here are some of them [12.
P.142].
Muzaraba is an agreement between two
people, according to which the owner of the
money gives his cash to the other party to
convert this money, the labor of the other
party, the amount of this money due to the
movement distributed over. The person who
gives his money in the contract of contract is
the rabbul mol (owner of the money) and the
other party who takes the money is called the
profit made as a result of the labor of the
muzarib or factor. The factor carries out the
following three stages - when the property or
money passes into the hand of the factor, it
becomes a deposit, - the factor becomes a
representative from the beginning of the
process- becomes a partner when it benefits.
According to Islamic law, muzaraba is a
variable obligation and can be canceled at the
request of one of the parties. As soon as the
contract of terminations is terminated, the
parties to the contract shall settle accounts
with each other [4. P.520].
Mushoraka - is a partnership agreement. A
contractual partnership between two or more
parties under Islamic law. Each participant
contributes a certain amount of money to the
partnership, which allows each of them to
dispose of the partnerships assets. One of the
most common partnership agreements in
Islamic law is the company [4. P.384].
According to the contract, two or more
individuals combine their deposits into a
common project and form a company based
on the equity participation rule.
Under Islamic law, a partnership contract can
be terminal contract and open-end contract.
An open-end contract may be terminated at
any time by any of the partners providing
partners notified. In Muslim countries,
partnership contracts are used to replenish a
company’s working capital or to engage in
joint investment activities, such as real estate
or agriculture.
Murobaha is when a bank or other investor
buys an item or item needed by the customer
from the seller and sells it to the customer by
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
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Pages:
147-152
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-22
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extending the payment period. This contract
represents the sale by placing a certain agreed
premium on the price of the purchased goods.
The main difference of Murabaha from
traditional lending is that the investor is
required to be its sole owner with all the risks
arising from the resold property [7.p.455].
Murobaha in its original Islamic content is a
simple sale. The Murabaha contract differs in
the followings:
Relatively short-term, that is the capital is
not so large returning by time as a rule;
Reduction of risks due to ensuring
guarantee of return of capital;
Low costs for the bank;
A wide basket of tangible assets that can
be the subject of the contract, which, in
turn, provides great opportunities for
expanding the customer base;
The relative similarity of this method of
Islamic financing with consumer loans in
traditional commercial financing.
CONCLUSION
In conclusion one can say that improvement
of civil law in Uzbekistan is a continuous
process, which should seek to use the norms
of Islamic law on obligations and treaties,
especially the principles that are close to the
spiritual values of our people.
These principles and ideas help to encourage
the parties to the contracts to be honest and
conscientious in their obligations, to fulfill
them in a timely manner, and if necessary, to
be tolerant and generous.
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