Each of the different approaches in legal philosophy such as historical rights...

Each of the different approaches in legal philosophy such as historical rights, positivism, natural law, and others, have given their own reply. Islam also has its own distinct view. According to Islam, the source of all rights must be traced back to God, the Exalted, because all creation belongs to Him. Whatever anybody possesses comes from Him.

In cosmic affairs, our existence and whatever we have belong to God—“Verily, we belong to Allah” [ inna lillah ]—and everything is “from Allah” [ min Allah ]. Similarly, legislative affairs must also derive from God the Exalted. This is our general perspective on the origin and source of rights which can be summarized as follows: It is God who grants rights to others. Does God equally and evenly grant rights to all human beings?

Or, does He grant certain rights to some of His servants which He does not grant to others? Generally, we know that God has granted rights to the prophets ( ‘a ) which He has not given to others; a certain right to parents and another right to children. Is the divine will senseless, does God give a right to a person without any basis and deprives another person of the same, or a certain criterion is actually taken into account? If there were any basis, what is it?

The basis of rights granted by God to His servants is the station and position they have in the universe. Conditions necessitate that they should have such rights for the specific duties they have. We have all been created to move by our willpower and freewill toward true and ultimate perfection.

So, we have a general obligation to move along the path of perfection, which in Islamic culture is called “worship of God”: ﴿أَلَمْ أَعْهَدْ إِلَيْكُمْ يَا بَنِي آدَمَ أَنْ لَا تَعْبُدُوا الشَّيْطَانَ إِنَّهُ لَكُمْ عَدُوٌّ مُُبِينٌ ٭ وَأَنِ اعْبُدُونِي هَذَا صِرَاطٌ مُسْتَقِيمٌ﴾ “Did I not exhort you, O children of Adam, saying, ‘Do not worship Satan. He is indeed your manifest enemy. Worship Me.

This is a straight path’?” [^1] In another verse, God says: ﴿فَأَرْسَلْنَا فِيهِمْ رَسُولاً مِنْهُمْ أَنِ اعْبُدُوا اللَّهَ...﴾ “And We sent them an apostle from among themselves, saying, ‘Worship Allah!’…” [^2] So, the kernel of the call of all prophets ( ‘a ) is the worship of God, and this universal obligation of all mankind has legal implications.

That is, whenever man wants to move along the path of perfection and proximity to Allah, the necessary facilities and capacities must be at his disposal.

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