Classical rules of riqq could recognize the enslaved person’s statements concerning their own person while not permitting those words immediately to encumber the master’s claimed property rights. This distinction leads to differing results for financial and non-financial admissions.
It was not based on a claim that the enslaved person lacked intelligence. It reflected the distinctive property system of the historical legal framework. Those rules should not be mechanically transferred to present-day commercial or personal relationships.
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Historical distinction: own rights and master’s rights
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
Classical rules of riqq could recognize the enslaved person’s statements concerning their own person while not permitting those words immediately to encumber the master’s claimed property rights. This distinction leads to differing results for financial and non-financial admissions.
It was not based on a claim that the enslaved person lacked intelligence. It reflected the distinctive property system of the historical legal framework. Those rules should not be mechanically transferred to present-day commercial or personal relationships.