Are the Rights of Allah Less Demanding than the Rights of People?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

Is it true that the rights of Allah (Most High) are lighter on the Muslim than the rights of people?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Messenger of Allah, his Family, and his Companions.

Understanding the Legal Maxim: Rights of Allah vs. Rights of People

The scholars have unanimously agreed on a well-established legal maxim:

“The rights of Allah are based on leniency, while the rights of people are based on strictness.”

However, it is important to clarify what is meant by the rights of Allah and the rights of people. With Allah’s guidance, I will explain:

Categories of Legal Obligations in Islam

Islamic scholars have categorized these obligations into four main types:

• Pure Rights of Allah (Most High): These include matters like faith, monotheism, and acts of worship.
• Pure Rights of the People: These include debts, compensation for damage, and payments for goods.
• Rights Shared Between Allah and the Individual, with Allah’s Right Predominant: An example of this is the punishment for slander, according to the Hanafi school.
• Rights Shared Between Allah and the Individual, with the Individual’s Right Predominant: An example of this is the law of retribution (qisas).

What distinguishes the right of Allah is that the individual cannot forgo it, such as the punishments for adultery, theft, or the expiation for accidental killing. On the other hand, the individual has the right to forgo their own rights, such as in cases of retribution, financial compensation, or unpaid wages.

The Basis of Divine and Human Rights

The purely divine rights are well known, as are the purely human rights. However, there is some disagreement among jurists regarding certain rights as to whether they lean more towards being a divine or a human right.

Imam Qarafi discusses this in his book, al-Quruf, stating:

“The difference between the basis of Allah’s rights and human rights is that Allah’s right involves His commands and prohibitions, while human rights concern their personal interests. Legal obligations fall into three categories: purely Allah’s rights, such as faith and the prohibition of disbelief; purely human rights, such as debts and payments; and a category in which there is a difference of opinion, like the punishment for slander. By ‘pure human right,’ we mean that if the individual forgoes it, it is waived; otherwise, every right that belongs to a person also involves Allah’s right, which is His command to fulfill that right. Therefore, Allah’s right exists independently of human rights, but human rights do not exist without involving Allah’s right. This is understood by whether or not the right can be waived: if it can be waived by the individual, it is what we mean by a human right; if it cannot be waived, it is what we mean by Allah’s right.”

Fakhr al-Islam al-Bazdawi explains: “Legal rulings are of different types: The first is purely Allah’s rights. The second is purely human rights. The third involves both, with Allah’s right being predominant. The fourth also involves both, but with the human right being predominant.” [Bazdawi, Kashf al-Asrar]

The Principle of Leniency and Strictness

Based on this classification, scholars have derived the legal maxim that the rights of Allah (Most High) are based on leniency, while the rights of people are based on strictness. Zarkashi mentions this principle in “al-Mansur fi al-Qawa‘id”.

The meaning of this maxim is drawn from the general legal principles of “necessities permit prohibitions” and “necessity does not nullify the rights of others.” It becomes clear that the permissibility of prohibited acts in cases of necessity applies to the rights of Allah (Most High). However, when it comes to the rights of individuals, even if an act is permitted out of necessity, it remains conditional upon compensation. [‘Abd al-Rahman Ibn Salih, al-Qawa’id wa al-Dawabit]

Further Evidence Supporting This Principle

Several points can be cited to support this principle:

First: The occurrence of allowances and leniencies in the rights of Allah (Most High), such as shortening prayers, combining prayers during travel, performing tayammum (dry ablution) when water is unavailable, and delaying fasting for a traveler during Ramadan to be made up later. These examples illustrate the flexibility in fulfilling divine obligations.

Second: The hadith, “Ward off the hudud punishments by means of doubts.” [Hakim; Tirmidhi; Bayhaqi; Ibn Abi Shayba]

Similar hadiths indicate the avoidance of applying hudud (fixed punishments) when there is any doubt, reflecting the leniency in the enforcement of divine rights.

Third: General texts that indicate the removal of hardship, such as Allah’s statement:

“And (He) laid upon you no hardship in the religion.” [Quran, 22:78]

“Allah intends ease for you, not hardship.” [Quran, 2:185]

Fourth: Scholars have mentioned that repentance concerning the rights of Allah (Most High) involves three conditions: abandoning the sin, resolving not to return to it, and feeling remorse for what has passed. However, regarding people’s rights, a fourth condition is added: restoring the right to its owner or seeking their forgiveness. [Qurtubi, al-Jami’ li Ahkam al-Quran, Nawawi, Sharh Muslim]

Imam Nawawi mentions: “If the sin involves a financial right, such as withholding zakat, usurpation, or damage to someone’s property, then in addition to repentance, the person must clear their liability by paying the zakat, returning the usurped property if it still exists, or compensating for it if it no longer exists, or by seeking the forgiveness of the rightful owner.” [Nawawi, Rawdat al-Talibin]

Practical Applications of the Legal Maxim

Based on this, jurists have discussed various legal issues founded on this general principle. For example:

Priority of Debt Over Zakat

When a deceased person’s estate includes financial obligations owed to Allah (such as unpaid zakat) and debts owed to people, but the estate is insufficient to cover both, the Maliki scholars prioritize the debts owed to people according to this principle. The Hanafi scholars believe that the financial rights owed to Allah are annulled upon the death of the liable person unless a will was made to pay them, or someone voluntarily pays them on their behalf. The Shafi‘i scholars have three opinions: one prioritizes Allah’s rights, another prioritizes human rights, and a third treats them as equal, with Imam Nawawi favoring the first opinion. The Hanbali scholars hold that if the estate is insufficient to cover both types of debts, the creditors divide the estate proportionately. [Shaybani, al-Asl]

Precedence of Retribution Over Hudud

Similarly, if retribution (qisas) and the hudud punishment for theft coincide, retribution takes precedence because it is a “right of the people,” while the hudud punishment for theft is a “right of Allah.” Also, if a person confesses to theft and then retracts their confession, the hudud punishment for theft is not carried out, but they must compensate for what they stole because it is a “right of the people.” It is not permissible to retract a confession concerning the rights of people, but it is permissible to retract a confession concerning the rights of Allah.

Conclusion: Upholding All Rights with Integrity

Every Muslim must ensure they clear any wrongs or obligations they owe to others, whether it concerns their rights or Allah’s rights. They should seek forgiveness from those they have wronged before the Day of Judgment, when no wealth or children can benefit them.

As the Prophet (Allah bless him and give him peace) said:

“Whoever has wronged another concerning his honor or anything else, let him seek his pardon today before a time comes when he will have neither a dinar nor a dirham. If he has good deeds, they will be taken from him according to the wrong he has done; and if he has no good deeds, some of the bad deeds of the wronged person will be taken and loaded upon him.” [Bukhari]

In conclusion, Muslims should not take lightly any rights due, whether to Allah or to people. Ultimately, all rights are rooted in Allah’s commands, and we must strive to fulfill these obligations fully to ensure we meet our Lord without any outstanding wrongs against others.

We ask Allah (Most High) for forgiveness and well-being and to protect us from the fate of the losers. We ask Him to protect us from the consequences of injustice and to save us from the fate of the wrongdoers. All praise is due to Allah, Lord of all worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd Bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.