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Abstract


The Te'assuf Concept in Islamic Law and its Effects on Judgments
It should not be forgotten that in respect of exercising the right, conferring of power to right owner by Islamic law, cannot make any restrictions for the exercise of such authority and accordingly cannot be mentioned of any legal obligations if the use of this authority. Hereunder, the rightful owner can use his right properly to the aim. Also, such a use cannot be restricted by law unless they cause harm to others. But, sometimes when the right owner exercises his right, he may damage someone else while providing a variety of benefits to himself. Likewise, he exercises the right for not to provide any benefit to himself but may exercises the right just because to harm others. This is called abuse of the right to such situations. If the acquired surplus less than the harm which someone else has exposed/will expose When the person exercise the right, in this case the right owner abuses the his right. Therefore, in case of exercising of the rights, sometimes rivalry between public interest and private interest such as might be conflict between private interests. When the conflict between the private interests need to balance those interests. However, when private interests conflict with the public interests, comes into question preferencing public interest to the private interests. Because, according to Islamic law, the public interest cannot be said to be superior to private interests.

Keywords
Right, Te‘assuf, Enjoyment, Abuse of right, Effects on Judgments.


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