Document Type : Original Article
Authors
1 Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Imam Sadiq(A.S) University, Tehran, Iran
2 Assistant Professor of Islamic Jurisprudence and Law, Imam Khomeini International University, Qazvin, Iran
Abstract
Justice has been proposed as a jurisprudential rule by some contemporary jurists and thinkers, including Ayatollah Morteza Motahhari. Given the great importance and emphasis of the Qur'an and Islamic traditions on the criterion and degree of justice in Islamic regulations, there seems to be no doubt that justice is the rule; But considering the various meanings that are expressed in various fields for justice, we must see what are the provisions of the jurisprudential rule of justice? And really, what should be the amount and criterion of the ordinances? Ayatollah Motahhari, who himself has introduced the rule of justice, has not mentioned this issue directly; But in his works, on the one hand, justice is referred to the observance of entitlement and protection of real and natural rights, and on the other hand, there are jurisprudential and legal adaptations and examples that refer to justice in this sense. It seems that this meaning can be the provisions of the rule of justice and be used especially in legal matters; this means that the inference and implementation of Islamic rules is based on the observance of natural rights and is measured by this criterion.
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