نگاهی نو به نگرشی کهن: نظریه سوءاستفاده از حق

Nazariyah-ye mamnuʿiyat-e su’e estefādeh as haq (The Theory of Prohibition of Abuse of Rights) by Sayyed Mostafa Mohaghegh Damad is a valuable research-based and analytical study in the fields of law and Islamic jurisprudence that examines one of the most fundamental and contentious concepts in legal thought. Through a comparative lens, the author commences with a conceptual analysis of key terms such as “right” and “abuse,” subsequently tracing the historical evolution of the theory within Western and Islamic legal frameworks. The author first elucidates the conceptual and theoretical underpinnings of the theory before delving into the criteria for identifying instances of the abuse of rights across diverse legal traditions. Various sections of the book examine real-world applications of the theory in such areas as property, wills, divorce, and neighborly relations. By Drawing on Qur’anic verses, traditions (hadith), and juridical texts, the author seeks to illustrate how the exercise of a right may, under specific circumstances, lead to harm to others and thereby lose its legitimacy. The juxtaposition of the theory with legal systems in Western and Islamic nations not only enriches the book’s comparative insights, but also underscores its practical implications. By delineating the boundary between legitimate and illegitimate exercises of individual rights, the author demonstrates how the synergy of law and ethics can safeguard against the infringement of others’ rights. Offering a stimulating and significant resource, the book caters for students, researchers, and individuals with interest in legal and jurisprudential questions.