The Theory of Haqq (the Right) from the Viewpoint of Muhammad Hussein Esfahani

The issue of Right is one of the fundamental elements in every legal system including Islamic legal system. Ayatullah Muhammad Hussein Esfahani is among the researchers, who has independently and implicitly investigated the various aspects of the issue in his juridical discussions. This article tries to investigate the philosophical and legal aspects of this system from his viewpoint. In this regard we try to consider the analysis method of the issue by finding out the central theme of the Right and its being. In addition, the principles and provisions in the matter of Right such as law enforcement of a right, capability of relinquishment of a right, transferability of a right, capability of transition of a right, inseparability of a right, possibility of plurality of a right and voidness ofpossessions trampling a right are going to be evaluated.