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JUSTICE IN ISLAM

JUSTICE (R)                                                                                                                                 18-07-2012

SYED AFZAL HAIDER

58-G GULBERG III

LAHORE

                                                            JUSTICE IN ISLAM

The term JUSTICE cannot be defined adequately and no definition would be deemed final for the simple reason that justice is neither exposition of law nor commentary on law. It is a thought or an idea covering various aspects of complex human life. Such a thought is purpose oriented whereas a law usually deals with a given specific issue concerning the intricate and tricky aspects of human life. Since Justice is a thought concerning human welfare so the element of compassion, care and accommodation are its built- in constituents.

            In order, therefore, to assess the meaning and scope of Justice in Islam, reference may be made to the Holy Quran, the primary source of Islamic Ideology. The Holy Quran, in order to explain the scope and extent of the concept and role of Justice in Muslim polity, introduces the following five concepts;

1.      ADL O EHSAN

2.      QIST

3.      MEEZAN (WAZN)

4.      HUMAN FREEDOM

5.      INDIVUAL AND COLLECTIVE ACCOUNTABILITY

6.      ZULM

A careful appreciation of these five principles and the allied concepts, lead to the conclusion that Justice in Islam is not only a comprehensive, all-pervading and vital basis of the entire universe but it is also a sacred element because Justice is Divine attribute. This aspect distinguishes it from other current legal principles and structures.

            Before we proceed to examine the nature of above mentioned five concepts, it might as well be stated that these concepts have to be appreciated in the light of human history where deprivation, exploitation, fears and bondage, economic, social, and political inequities were never tackled seriously at global level except in the teachings of successive Prophets. The reason why implementation of Justice and judicial norms is one of the basic objective of Islamic teachings is the goal of unification of human race beyond the limitations of caste, colour, creed or geographic boundaries and hence the concept of Justice knows no geo-political barriers which separate the different countries. Justice is therefore a permanent value according to Islamic teachings.

            According to Islamic teachings Justice is a Divine attribute. Except for a few Divine attributes, the other well-known attributes, mentioned in Holy Quran, are the approved modes of conduct which people must emulate in various chapters of human transactions. Allah is Khaliq_The Creator. Men and woman also create though at an insignificant and a petty level. But Quran tell us that HE creates in the best possible proportion and certainly with a purpose. Additionally HE also brings into existence beforehand all the resources for the sustenance of HIS creation. Hence creation at human level must follow the Divine pattern and scheme in order to achieve standard results. The quality of equality between equal is part of creative design. The word QIST, employed by Holy Book, means to be equitable, to act justly. According to Lughat Ul Quran it means a portion of something based upon justice. This word also conveys the meaning of acting unjustly or deviation from truth as used in Ayaat 14, 15 Surah AL- JINN chapter 72. The word Qasitoon is used in contradistinction to the word Muslemoon i.e. those who submit. The difference in the meaning of the words ADL and QIST, according to Lughat-ul-Quran is subtle. The word ADL means treating two persons equally whereas the word QIST is rendering unto another person what is actually due. The use of the word Tuksitoo in Ayat 3 Surah Al-Nisa, Chapter 4, while referring to polygamy signifies the fear that a person will not be able to give what is due to his wife.

           

The word MEEZAN, according to Qamus, conveys the meaning of balance, equivalence, justice, equity. According to Lughat-ul-Quran it means equilibrium. Reference be made to Ayaat 7, 8, 9 Surah Al-Rahman, Chapter 55 where the word QIST and MEEZAN have been used to connote socio-economic balance in the society.

“And the sky He hath uplifted; and He hath set measure; That ye exceed not the measure; But observe the measure strictly, nor fall short thereof.”

ADL

            Let us first of all examine the scope of ADL in Holy Quran

1.      Ayaat 48, 123,282 of Surah Al-Baqarah, Chapter 2.

In verses 48, 123 the word ADL means ransom while Ayah 282 stipulates that documents involving rights and obligations of parties must reflects the correct position without exaggeration or otherwise (ADL)

2.      Ayah 58 Surah Al-Nisa, Chapter 4.

It says that Judgment by a tribunal should be based on Justice. (ADL)

3.      Ayaat 95,106 Surah Al-Maidah, Chapter 5.

In verse 95 ADL means recompense while in verse 106 the word ADL, with reference to a witness, means person of equity.

4.      Ayah 70, 115 Surah Al-Anam, Chapter 6.

In verse 70 ADL means ransom while in verse 115 ADL conveys the meaning that the word of Allah is perfect in truthfulness and Justice and no one can change His Words.

5.      Ayaat 76, 90 Surah Al-Nahal, Chapter 16.
In verse 76 ADL means equal to something while ADL in verse 90 means fair play. It says Allah enjoins Justice, kindness and the doing of good and forbids all that is shameful.

6.      Ayah 9 Surah Al-Hujrat, Chapter 49.

Here the term ADL contemplates that the arbitrator must act impartially.

7.      Ayah to Surah Al-Talaq Chapter 65.

Here ADL visualize a witness of known probity.

8.      Ayah 7 Surah Al-Infitar, Chapter 82.

In this verse ADL means perfect balance. Allah says that man was created in the best proportion.

9.      The word Yaadeloon in Ayah 60 Surah Al-Namal, Chapter 27 means to veer away from right path.

10. ADL tempered with EHSAN is the ideal that Islam visualizes with the object of alleviating human suffering.

QIST

The term QIST occurs in the Holy Quran at following places indicating meanings mentioned below against each item.

                                I.            Ayaat 18 and 21 Surah Al-Imran, Chapter 3.

The word QIST refers to the persons possessed of knowledge who maintain Justice i.e. well – reasoned attitude. The word QIST in Ayah 21 also refers to those persons who enjoin Justice.

                              II.            Ayaat 127, 135 Surah An-Nisa, Chapter 4.

The word QIST in Ayah 127 relates to the positive conduct towards the orphans. People appointed to look after the orphans are commanded to act justly and equitably so that the under-privileged get what is their due.

The word QIST employed in Ayah 135 is in the form of an injunction of general import directed towards the Believers. They are required to uphold justice and they are also required to testify truthfully, for the sake of Allah, and in the larger interest of social harmony, even though the testimony goes against them.

                            III.            Ayaat 8, 42 Surah Al-Maidah, Chapter 5.

The word QIST in Ayah 8 means with truth/justice. The word ADL also occurs in this Ayah. It has been stated that enmity of the opposing group should not prompt a believer to act unjustly. Equitable and honest performance of duty is nearness to piety, according to Holy Quran.

The word QIST in Ayah 42 means judging with equity because Allah loves those who act equitably.

                           IV.            Ayah 152 Surah Al-Anam, Chapter 6.

The word MEEZAN and QIST have been used in this verse to convey Divine direction to the Muslims that they should give full measure and weight with justice. It is further ordained that a believer has to be just when he speaks even though the statement is against the interest of a relative.

                             V.            Ayah 29 Surah Al-Araf, Chapter 7.

This verse contains the Divine commandment to be just. The word QIST has been used here in the broadest possible sense. Divine Unity, Right, Good, Justice, Equity etc all covered in the scope of the word QIST.

                           VI.            Ayat 4,47, 54 Surah Younas, Chapter 10.

4.         The word QIST here means delivering judgments justly.

47.       QIST here means deciding fate of individuals with justice. In other words the good work done by a believer will be adequately rewarded.

54.       QIST here means judgment where by no one will be wronged.

                         VII.            Ayah 85 Surah Hud. Chapter 11.

People are enjoined to give full measure and weight with justice without diminishing the rights of others. This is the scope of QIST in this Ayah.

                       VIII.            Ayah 47 Surah Al-Ambiya, Chapter 21.

The scope of QIST is Justice, equality. The element of fair treatment also extends to the Day of Resurrection.

                            IX.            Ayah 9 Surah Al-Rehman, Chapter 55,

The word QIST here means to weigh things equitably without skimping in the balance.

                              X.            Ayah 25 Surah Al-Hadeed, Chapter 57.

The people are informed that along with the Book, the Meezan (Balance) has also been revealed so that people may uphold QIST (Justice). It means that implementation of the injunction of Islam has to be on Just basis.

AL-MEEZAN

                                I.            Ayah 152 Surah Al-Anam, Chapter 6. Already referred to supra.

                                                      II.            Ayaat 8, 85 Surah Al-Araf, Chapter 7. The word WAZAN in verse 8 is used in wider context. It refers to future when on the Day of Judgment the weighing of deeds will be true weighing.           In verse 85^th believers are directed to give just weight and measure (MEEZAN) without diminishing the legitimate right of the one on the receiving end.

                            III.            Ayaat 84, 85 Surah Hud, Chapter 11, Already mentioned above.

                           IV.            Ayaat 17, Surah Al-Shura Chapter 41. Allah informs humanity that BALANCE (MEEZAN) was also revealed along with the Book.

                             V.            Ayaat 7,8,9 Surah Al-Rehman, Chapter 55. The word Meezan in these verses means perfect balance. This balance is the central force for maintaining the entire universe.

                           VI.            Ayaat 25 Surah Al-Hadid, Chapter 57. Book and Balance (Meezan) were revealed by Allah through His Messengers in order that people uphold justice.

This is a precise statement of the reasons for which the Prophets were commissioned: The Clear Sign, the Book and the Meezan. This Meezan is the indicator, of what is right and what is wrong like a balance. This Meezan helps maintain balance between various things in life. It is a golden means of Justice which eschews extremes in thought, moral conduct and inter human transactions. Ali (AS) reportedly stated that the scope of justice is wider than charity because Justice maintains things in their right place while charity indicates imbalance somewhere; Justice is all embracing while charity is limited to a few individuals.

The significance and object of sending MEEZAN along with the Book is that people may conduct themselves, both in matters mundane and devotional, with fairness. The element of parity must be maintained in society. The human affairs may be conducted in a manner where not only the rights are secured but obligations are fulfilled in right earnest. High handedness, injustice, discrimination, partisanship and everything that impedes justice, equity or fairplay at socio-political and economic level, must be eschewed. Islamic teaching lay particular emphasis on securing human freedoms. There is no room for compulsion. Duress, coercion or intimidations have to be renounced in Islamic polity. The concept of fairness in Islam recognizes Pluralism in the society.

The element of supremacy of rule of law is implicit in the Quranic concept of Meezan i.e, Balance. The entire universe gives evidence of remarkable balance and perfect interaction of innumerable forces at work in the cosmos. It is because of interplay of unalterable, precise, purpose-oriented and knowable laws that permeate the entire universe. It is a vivid lesson for humanity that peace and balance in societies is also dependent upon a system which is based upon people-friendly rules and regulations which are not directed to serve the cause of vested interest alone.

Imam Ali (AS) is reported to have said that the structure of Faith is based upon four pillars: Patience, Belief, Justice and Jehad. About justice he said that it visualises four qualities in a person before he may be called just. Firstly: Depth of understanding; secondly: Profoundness of knowledge; thirdly; Fairness in assessment; fourthly; clarity of mind. Explaining the necessity of these four attributes he said;

“A person who wants to understand a problem has to study it and whoever develops the habit of understanding the issue before him will develop clarity of mind and will arrive at the correct decision. Whoever tries to achieve all this develops patience and forbearance. And whoever has done this becomes capable of doing justice and consequently leads a life of repute and fame.”

One who develops perceptive mind, he becomes capable of appreciating depth of knowledge. And those who develop depth succeed in arriving at correct decisions. And those who develop patience and forbearance never exceed the limits and hence lead a life of repute.

It might as well be added that the relationship between Faith and Justice, according to Imam Ali (AS), is like the relationship between head and human body. A body without (human) head is of no use and vice versa.

Imam Ali (AS) defines a jurist as one who does neither disappoint people from grace (mercy) of Allah nor does he make them unmindful of Allah’s stratagem.

Justice and polity in broader and practical sense according to Islamie teachings, are inseparable. Reference may be made to Ayah 55 Surah Younas, Chapter 12 of Holy Quran. Syedna Yousaf had acquired the status of a Minster/Advisor to the king. In that capacity he made a supplication to his Lord, the Creator, in the following words,

“Place me in charge of the resources of the land. I am a good keeper (HAFEEZ) and (ALEEM) know my task well”

                        This verse is illustrative of the socio-economic justice which has to be enforced at state level. The attributes of HAFEEZ and ALEEM have been identified by Holy Quran as the essential requirements necessary for administering even-human justice. The person at the helm of affairs should not only be trustworthy but he should know that the trust must reach the deserving persons in the required measure. In other words the custodian has to be good, honest, and knowledgeable. Ayah 58 Surah Al-Nisa, Chapter 4 of Holy Quran ordains as under;

“Allah commands you to deliver trusts to those worthy of them; And when you judge between people, judge with justice”

Justice tends to integrate while injustice, discrimination, repression, exploitation tend to disintegrate. Split caused in society due to unjust management becomes a potential threat to internal and external peace.

            The manifesto for administering justice at state level is best illustrated in the famous letter of Imam Ali (AS) addressed to Malik-e-Ashtar. It ought to be part of syllabus for students of political science and civil administrators.

            An analysis of this historic letter of Imam Ali (AS) indicates righteousness on the part of ruler, as well as his consciousness that ultimately he is answerable to the Lord of Universe. The Imam tells Malik that though he would be a ruler over the people yet the ruler above him is the Caliph and Allah is the Supreme Lord over the Caliph and others. Malik is further told that, by his actions, he should not declare war against God. This piece of advice is the key for maintaining justice in the society. Such an attitude does not let the ruler exceed the limits.

            While delineating the various principles necessary for judicious approach in relation to complex human problems, the Imam stated that the things which should most gladden the heart of a ruler must be the fact that his State is being ruled on the principles of equity and justice and that the subjects love him.

                       

At this stage it is worthwhile quoting one passage from the famous letter of Imam Ali (AS) which deals with administration of justice at State level:

            “So far as dispensing justice is concerned, you have to be very careful in selecting officers for the same. You must select people of excellent character, superior caliber and meritorious record. They must possess following qualification: Abundance of litigations and complexity of cases should not make them lose their temper. When they realize that they have committed a mistake in judgment they should not persist upon it and should not try to justify it. When truth is made clear to them or when right path opens up before them, they should not consider it below their dignity to correct the mistake made or to undo the wrong done. They should not be corrupt, covetous or greedy. They should not be satisfied with ordinary enquiry or superficial scrutiny of a case but should scrupulously go through all the pros and cons, must examine every aspect of the problem carefully, and whenever they find doubtful and ambiguous points they must stop, go through further details, clear the points and only then proceed with their decisions. They must attach greatest importance to reasonings, arguments and proofs. They should not get tired with lengthy discussions and arguments. They must exhibit patience and perseverance in scanning the details, in testing the point presented as true and in sifting facts from fiction and when the truth presents itself to them they must pass their judgments without fear, favor or prejudice. They should not develop vanity and conceit when compliments and praises are showered upon them. And they should not be misled by flattery and cajolery. But unfortunately there are few persons having such characteristics. After you have selected such men, to act as your judges, make point to go through some of their judgments and to check their proceeding. Pay them handsomely so that their needs are fully satisfied and they are not required to beg or borrow or resort to corruption. Give them such a prestige and position in your State that none of your courtiers or officers can overload them or bring harm to them. Let judiciary be above every kind of executive pressure or influence, above fear or favor, intrigue or corruption. Take every particular care of this aspect because before your appointment this State was under sway of corrupt, time-serving and wealth-grasping opportunists who were lewd, greedy and vicious and who wanted nothing out of a State but a sinful consent of amassing wealth and pleasures for themselves.”

The scope of justice in human affairs may be assessed from the following verses of Holy Quran

                                i.            Ayah 165 Surah Al-Anam, Chapter 6

“For He it is Who has appointed you vicegerent over the earth, and has exalted some of you over others in rank that He may try you in what He bestowed upon you. Indeed your Lord is swift in retribution, and He is certainly All-Forgiving, All-Compassionate”

                              ii.            Ayah 129 Surah Al-Araf, Chapter 7

“The people of Moses replied: “We were oppressed before your coming to us and after it.” Moses said: “You Lord will soon destroy your enemy and make you rules in the land. Then He will see how you act.”

                            iii.            Ayah 14 Surah Yunus, Chapter 10

“Now We have appointed you as their successors in the earth to see how you act.”

                            iv.            Ayah 55 Surah Al –Nur Chapter 24

“Allah has promised those you who believe and do righteous deeds that He will surely bestow power on them in the land even as He bestowed power on those that preceded them, and that He will firmly establish their religion which He has been pleased to choose for them, and He will replace with security the state of fear that they are in. Let then serve Me and associate none with Me in My Divinity. Whoso thereafter engages in unbelief such indeed are the ungodly.”

The central point in all these Ayaat is that Allah grants vicegerancy upon children of Adam and HE also establishes their rule and authority on this earth in order to see whether they act justly and without discrimination. At other places, among the causes of fall of nations, the element of corruption, inequity, injustice have been identified by Holy Quran.

                        Ayah 48 Surah Baqrah, Chapter 2, further explains the scope of justice in the Hereafter in relation to the actions done by people on this earth.

“Fear the Day when no one shall avail another, when no intercession will be accepted, when no one will be ransomed, and no criminal will receive any help”

In order to secure socio-economic justice in a polity it is necessary that human fetters in the form of ugly restrictions and degrading limitations are removed. Liberation of children of Adam and their empowerment is the essence of teachings of Islam. Ayah 157 Surah Al-Araf, Chapter 7 discloses the reasons why Prophets were sent among peoples of different ages. This Ayah when translated reads as follows,

“(Today this Mercy is for) those who follow the ummi Prophet, whom they find mentioned in the Torah and Gospel that they have. He enjoins upon them what is good and forbids them what is evil. He makes the clean things lawful to them and prohibits all corrupt things and removes from them their burdens and the shackles that were upon them. So those who believe in him and assist him, and succour him and follow the Light which has been sent down with him, it is they who shall prosper”

Just distribution of advantages and disadvantages in a given society is an age-old problem. The Holy Quran has addressed this fundamental but tedious question and offered a number of guidelines.

            As a first step the Holy Book informs its readers that Allah created this universe as well as human specie. The creation and procreation of human being has been made to follow a uniform pattern which means that each person is born according to unalterable system. This aspect of human equality is further strengthened by the Divine declaration that all the resources of nature were created for the consumption and use of humanity. The third significant step is contained in the story of empowerment of children of Adam narrated in the first chapter (Surah Al-Baqrah Ayaat 30 t0 39) of Holy Quran. The Holy Book then proceeds to declare that DIGNITY has been conferred upon the progeny of ADAM (17/70). The Holy Quran also informs its readers that Allah is responsible for his sustenance and the sustenance of his successive generation (16/15 and 17/31). These guidelines thus provide a basis for working out a suitable system for just distribution of advantages in a given society. The Divine scheme has of course to be implemented by human administrators who are enjoined to hand over the trusts without discrimination.

            At the same time Allah has identified three negative forces which impede the course of even handed justice in societies. These forces are:

                                I.            PHARAOH (FIRAUN) Symbol of political domination:

Ayaat 3 to 6 Surah Al-Qasas, Chapter 28

“These are the verses of the clear Book. We recount to you with truth some parts of the story of Moses and Pharaoh for the benefit of those who believe. Indeed Pharaoh transgressed in the land and divided its people into sections. One group of them he humiliated, and slew their sons and spared their daughters. Truly he was among the mischief-makers. We wanted to bestow favour on those who were oppressed in the land. We wanted to make them leaders and heirs and to grant them power in the land, and make Pharaoh and Haman and their hosts see what they had feared”

                              II.            KORAH (QARUN) Symbol of economic oppression: Ayaat 39,40

Al-Ankabut, Chapter 29

“And we destroyed Qarun (Korah) and Pharaoh and Haman. Moses came to them with Clear Signs but they waxed arrogant in the land although they could not have outstripped (US). So we seized each for their sin. We let loose upon some a violent tornado with showers of stones; some were overtaken by mighty Cry; some were caused to be swallowed up by the earth, and some We drowned. Allah would not wrong them, but it is they who wronged themselves.”

                            III.            HAMAN- Symbol of Priesthood

Ayah 6 Surah Al-Qasas, Chapter 28

                                                (Mentioned supra)

These three anti-people forces have been identified in the story of Syedna Moosa (AS). The object is to make it abundantly clear to people, in the successive generations, that human liberation will be possible and justice will prevail in society only after the negative forces, indicated above, have been defeated. It is only then that latent potential in human beings, both at individual and collective level, would possibly develop so as to lead humanity on the path of peace, prosperity and salvation.

An important aspect of Justice in Islam is that a Believer should determine his position in relation to Allah, The Creator of Universe. Justice, as explained by Imam Ali (AS), “puts everything in its right place.” The antonym of Justice, according to Holy Quran, is ZULM. This word also means not putting a thing at its proper and right place. The duty of a believer, therefor, to put everything in its right place does not only cover his own sphere of action but includes his position qua humanity, society, laws and above all Allah, who created life and death and to HIM is the  ultimate return. This stage of determination of one’s position vis-a-vis the Creator must be visible in human behavior. Ability to comprehend, the courage to express and commitment to implement guiding principles are the minimum attributes that distinguish a believer who has imbibed the spirit of justice as brought to light by teachings of Islam.

The significance of justice, i.e. a balanced approach, is discernable from the fact that the Muslim Ummah has been described by Holy Quran as UMMAT-E-WUSTA, the community of middle way. In relation to worldly affairs it neither preaches abstinence not does it approve indulgence. Conscious of the division of left and right, the people of middle course, adopt a judicious attitude in the larger interest of humanity.

Translation of Ayah 8, Surah Al-Rehman, Chapter 55 reads as follow:-

“And He raised high the heaven and setup the measure”   (MEEZAN)

            This Ayah has reference to the remarkable balance, which maintains and sustains the innumerable constituents of this universe. The cosmos is controlled by complex system of immutable laws. This is a reminder to the human beings that they are also part of this universe and must observe relevant laws in order to maintain balance in the society as well as within one self.

            The element of justice can be perceived even in  the rituals prescribed by Islam e.g.: The annual Hajj, the five daily congregational prayers and the monthly fasting during the recurring moth Ramdan wherein every believer, without distinction of caste, colour, place of origin or social status, acts and behaves in the same manner at collective level. There is no discrimination what so ever.

            The element of EHSAN has been attached with the concept of ADL by Holy Quran as mentioned at the outset. The element of Ehsan broadens the scope of ADL in as much as that the implementation of Adl in human affairs visualizes two things – To receive what is legally due and to give what is legally required by law to be given but EHSAN goes further: It means receiving less than what a person is entitled to receive and giving more than what the law requires him to give.

            Another aspect of justice is introduced by Ayah 251 Surah Al-Baqra, Chapter 2 which enunciates the principle that:

“And were it not far Allah’s repelling some men with others, the earth would certainly be in a state of disorder; but Allah is Gracious to His creation”

The believers, through the story of Syedna Dawood A.S. (David) and Goliath, are encouraged to restore order and peace on this earth. The lesson to be learnt is that nature does not tolerate injustice and disorder. Hence the believers must uphold justice at every step throughout.

ZULM

The word ZULM, in arabic language, means: 

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Corporeal & incorporeal Ownership in jurisprudence

Ahsan Qadeer,,,Mian Ashad Ali Azhar
LL.B Part 1
Quaid-e-azam Law college

Corporeal & Incorporeal Ownership

Although I have consulted the following books:

(i)                V.D   Mahajan

(ii)                50 lectures

(iii)               And many other books

My very humble point of view is that this difference and distinction is not correct because all the jurists say that ownership is a legal right so to me a right is always incorporeal because the definition of legal right given by Prof Salmond (3 December 1862-19 september 1924) is “A right is an interest recognized as well as protected by rule of right“

To me ownership in all the cases has to be incorporeal. Then question arises that what is this classification of incorporeal and incorporeal. To me the answer is that it is the subject matter of the ownership which may be corporeal or incorporeal. 

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Rights in Rem & Rights in Personam

Differences between Rights in Rem and Rights in Personam are as follows:

Rights in Rem

1.       A right in rem is available for a person against the world at large.

2.      The people of the world have a duty not to interfere with my possession. Nobody has right to disturb my possession and enjoyment.

3.      I can use my money as like. The world at large has no right to interfere with my possession.

4.      It is called the “real right”. Converse this right; there is a duty upon every person of the world not to interfere with other’s rights.

5.       This right protects interest of a person against the world at large.

6.      Patent rights, copy right, etc. are the best examples for the rights in rem.

7.       All rights in rem are negative.

8.      It is available against an open or indefinite class of persons.

9.      All “general offers” are “rights in rem”.

Rights in Personam

1.       A right in personam is available only against a particular person.

2.      I have a right to receive rent from my tenant. This right to receive rent from my tenant. This right to receive rent is a right in personam. The rest of the world is not concerned with this right.

3.      A debtor has to give me Rs. 5,000/-, who had taken from me as a loan. I have the right in personam to receive back the sum of Rs. 5,000/- from him.

4.      It is also known as “personal right”. Converse this right, there is a duty imposed upon determinate individuals.

5.       This right protects an interest solely against determinate individuals.

6.      Purchase of good-will of business is the best example for the right in personam.

7.       All rights in personam are positive.

8.      It is available only against a specific person or persons.

9.      All easements are the rights in personam.

10.   All “specific offers” are “rights in personam”.

“If the nature of the duty is negative then the right is negative, as blood groups are positive and negative, it does not mean that the blood is negative , it is merely a blood type. Same is the case with positive and negative rights because these are merely technical terminologies.

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