the philosophical foundations of the right escape to Islamic fiqh and law of the west

the issue of right has been raised in most of the legal disciplines. in order to assess the accuracy or nullity of this juridical act, different measures such as auto nomy, (usefulness)have been proposed. The root of these criteria must be explored in the discourse of "right philosophy". therefore, itis necessary to deal with the philosophical foundations of a necessity. in this paper by reviewing the ideas proposed regarding the right of Islamic jurisprudence from one hand and the theories presented by philosophersand western jurists on the other hand, the criteria for the assessmentof right- right have been identified and compared. in Islamic juris prudence ,theasis sue has been subject to the question of the right and the verdict. The right to Islamic thinking is in the form of expediency, analysis and judgment .among theorists right in the west world, different theories have been suggested that two theory of will and profit have more popularity and fans .According to the theory of will, the right sovereignty over the subject of the right is the most fundamental attribute of a right.