ABSTRACT

The shari concept of Haqq navigates the cosmological-sociological spectrum robustly, from one end to the other. Haqq is not only the Truth of the divine as ontology, but also the theological and supra-deontological source of that which is socially just, right, and equitable. Haqq is God as one and many, this being a ‘dualistic’ presence of his saturating the world in its unity, plurality and particularity. The Hanafi doctrine seems more concerned with fairness towards the defendant than with even preserving the integrity of the individual’s proprietary rights, however inviolate these latter were. Historical analysis might legitimately make demands on legal analysis of doctrine and reasoning, in that rationalization of doctrine must be recognized to have come subsequent to particular and often isolated historical developments. Both qisas and qadhf acquired their substantive content and formal shape prior to the rise of the doctrinal distinction between huquq Allah and ququq al-'ibad'.