Rule-making of justice and fairness and its comparison with jurisprudential and legal principles and rules

Articles in Press

Document Type : Research Paper

Author

Department of Fiqh and Private Law of Shahid Motahari University- Tehran-Iran

10.22059/jorr.2024.372918.1009431

Abstract

Considering the position of justice in the legislative system, it is possible to aim for all Islamic laws to be based on justice and fairness, both in terms of formulation and implementation. In order to achieve such a goal, some believe that justice and fairness should be presented as a rule, so that everything that is found to be an example of oppression and against the requirements of justice and fairness is discarded. Therefore, they have designed the rule of justice and fairness, but they have not provided the characteristics, scope and documentation for it. Criticism of this rule depends on the explanation of these cases. This research, with a library method and in a fundamental and analytical way with the approach of rule-makers, after examining the characteristics of jurisprudence rules and applying it to this rule, determining the scope of the rule, comparing this rule with other legal jurisprudence rules and came to the conclusion that it Whether it is presented as the rule of justice and equity or fairness in law, it has only a nominal similarity with this rule of jurisprudence, and one can provide documentation from jurisprudence and law to accept this rule.

Keywords

Main Subjects

Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 01 September 2024

Files

History

  • Receive Date: 21 February 2024
  • Revise Date: 21 May 2024
  • Accept Date: 01 September 2024

Share

How to cite

Statistics