An Introduction to the Application of Justice Rule
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 98
Abstract
Justice rule is among the legal rules that have less dealt with. Application of this rule is based on achievement of justice as an attribute for legal rulings. Some jurists have no regarded human beings to be capable of comprehending the legal rulings as just and have subjected it to the legislator’s view. Thus, using this rule in inference of legal issues and extending it to jurisprudence has been cast into doubt. This article examines the possibility of unveiling justice in legal rulings in two stages. In the first stage, it has proved that justice is a real and objective concept and denotes an external reality unlike the traffic signs, whose reality is based on agreement and validity. In the second stage, it has proved that the justice brought up in the Qur’ānic and narrational evidences of this rule cannot be justice from the viewpoint of the legislator for four reasons, consequently its recognition has been referred to human understanding.
Authors and Affiliations
Sayyid MaḥMūD ṢāDiqzāDa ṬBāṭAbā’ī
Keywords
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- EP ID EP184551
- DOI 10.22067/fiqh.v46i18.26168
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